Indians have always felt proud to be called as Citizens of a country where the Government is OF, FOR and BY the people. But we need to analyze our freedom practically and answer a basic question …. “Are we free ?”
Our country is now 62, matured and experienced. Citizens of independent and democratic India have the following fundamental rights :
1. Right to Equality: Women accused of false “498A” and “DV” cases (mothers and sisters) have no right to maintenance and have nobody to support them. Many of them instead have to work extra hard for supporting the heavy costs of litigation for years. Ironically, the law abuser woman (the “wife”) gets the right to maintenance and house from the husband and also she is allowed to charge the litigation expenses from the husband whose family she has ruined. Where is the right to equality for these women? While these laws were made to benefit women, they are being responsible for torturing much more number of women compared to those they have ever benefitted. Is this not a discrimination against unmarried women who can be tortured by anybody while they have no laws to protect them against this kind of cruelty.
2. Right to Freedom : Freedom of speech comes as a major constituent of it. There is this group of false 498A victims who are not allowed to speak up and express what they are going through. They are given a tag of “Guilty” unless “Proven innocent” which harms their Freedom to the full. This gives the authorities the right to humiliate and harass them because the life of these suppressed beings is in their hands. If they speak against their extortionists, it is them who face further maltreatment by law.
In a country where even a terrorist caught red handed has his RIGHTS, victims of misuse of 498 A and DV, have none ?
3. Cultural and Educational Rights: Victims of false allegation are culturally demoralized and defamed to the extent that they isolate themselves from the society. At times, some of them even commit suicide and this suicide is not considered as being result of a cruelty and it is not covered under any law such as the notorious “Dowry Death Law”.
Trapped in such cases, complete families of the accused have to attend the courts on the ordered dates no matter how busy they are in their job or studies. Such cases continue for years. Eventually many of them have to leave their jobs and give up higher education to handle the litigation. This limits their development on all grounds for years. While all Indian citizens are busy developing themselves, these victims face a setback totally from life and development. It takes a lifetime for them to recover from this trauma and financial burden. Some of them face so much psychological trauma that they become incapacitated mentally and physically.
4. Right against Exploitation : As victims of false accusation, needless to say, these citizens face exploitation everywhere. Everybody can take advantage of the fact that these people are anyway not able to defend their own rights and so they can be taken for a ride easily.
5. Right to Constitutional Remedies: These victims of the so called “Legal Terrorism” have been demanding since years that these laws be reviewed on the grounds that the same are being widely misused. Still, they are not heard and they do not receive any remedy which logically should have been given to them under their “Right to Constitutional Remedy”.
India has gained a lot of popularity for being especially considerate about the rights of special sections or minorities. The victims of Legal Terrorism too are in minority in India right now but their voice is not heard. We also need rights as a minority, we also need privileges and an assurance for safe existence.
In the end, I must say, I am just having one right “freedom of Expression” and I am using it to ask all my fellow citizens, “Should we celebrate the Independence Day the way all Indians do ?” and “ARE WE REALLY FREE ?”
