“The constitution is sovereign above all” .
The term sovereign refers to the Supremacy of the Indian Constitution. In other words the term describes the independent nature of its working and shows how the nation is bound to work as per its governing principles.
The constitution can be described as a guidance manual of rules procedures and principles abiding by which the government along with the nation has to work. The Constitution yields power to the citizens in the form of fundamental rights, principles and duties which renders the government and the nation its democratic nature. This very constitution defines the freedom which is savored by the citizens of the nation which becomes the drawing card of a democratic country.
Similar is in the case of Indian governance. But in most of the cases specifically in India, this freedom and powers are misused by the people by one or the other means.
This illegitimate exploitation of laws gives birth to secondary problems which comes out from larger moulds and creates nuisance larger than the one for which the law was devised for at the first place. The Indian Penal Code has a cluster of such debatable and battling provisions which causes trouble from time to time.
The laws despite being lucid and transparent gives rise to problems who’s origin can be rooted right back to the people whom the law is devised for. Such is not the situation for other developed western countries and this presses the mind to drool over the difference between the penal and juridical difference between India and other developed countries.
One primary cause that possibly could answer the dilemma is the conservative thought and lifestyle of the citizens of India. The problem lies behind the slow acceptance of liberal reforms that are made either naturally or by law for societal development.
India has for long been a nation infamous for its male dominating nature. This male dominance is considered as a cause of the unjustifiable circumstances that developed for the women of the country.
Many laws were brought to practice by the judiciary in the name of women empowerment which are creating their stories of success. Among these stories, some remain suppressed where the women in many cases have been seen taking illegitimate advantage of these laws and causing violation of human rights for many innocent men on humanistic grounds.
Rules made for eradication of unlawful practices like dowry, divorce, physical victimization etc. are also being misused by the related audience.
The heart of the article 19 says, “Everyone has the right to freedom of opinion and expression”. This right includes freedom to hold opinions without interference and to seek receive an impart information and ideas through any media and regardless of frontiers. This very article of the Constitution create a working frame for the journalism sector.
The article provides the right to many corrupt journalist to speak anything about anybody, provide false information, cause political disturbance which makes it more of a profiteering business rather than something which should be seen as a source of enlightenment.
The younger generation of our country defined as the one belonging to the age group of below 18 years are considered innocent, inexperienced and also as the future of our nation our nation. They are provided voting and other rights at the age of 18 and is considered as an adult. Indian judiciary for long has been considering the crimes committed by this generation as a Juvenile act and thus relaxed the system of proceedings for such crimes by formulating separate criminal acts which seems justifiable on several grounds.
But these relaxation have been taken advantage of in the most unlawful manner leading to a sharp increase in the rate of Juvenile crimes.
Probing over gravity of the situation, government has decided to tighten up few laws related to Juvenile crimes. In a recent move government has decided to set up a juvenile board which will decide the heinousness of the crime committed, and if found serious will consider the minor of the age group between 16 to 18 as an adult and in such case he or she will have to face standard proceedings.
The decision has been appreciated and also been criticized by various sections. The government must pay attention to the judicial working of the country and think over for creation of supplementary laws which tracks and counteracts the unlawful practices which are impermissible on human grounds.