Constitution of a country is the basic law of governance and
it is superior to all other laws active there. An amendment of the constitution
is the change brought in the written constitution with the consent of the majority
of the members of both the houses of the parliament. The President of the
country has to give ascent for the amended provision of the law to be active.
All the amended laws of the constitution have similar weight age as in the case
of laws in the original constitution.
The 42nd
amendment of the constitution envisages such a great change in its content. Actually,
it is an addition of a new provision i.e. The Fundamental Duties are defined as
the moral obligations of all citizens to help promote a spirit of patriotism
and to uphold the unity of India. These duties, set out in Part IV–A of the
Constitution (under a constitutional amendment) concern individuals and the
nation. There are 11 fundamental duties and the 5th among them
states “To promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women”. Thus,
it is evident that one should quit practices belittling to the dignity of women.
The fundamental rights promises equality before law for all
the citizens of the country, however the constitution enables the State to make special
provision for women and children. The Directive principles of the state policy
direct the state to make provision for Equal pay for equal work. Even after
having this much of safety precaution, women are not safe here. The recent rape
and further death of Ms. Jyothy in the national capital territory is the latest
example. Jyothy is not an exclusive example for this tragedy. Nowadays, rape
and attack against the individuality of women, has become a very common thing.
That means, the law of the country has no role in the life
and activities of the citizens. It has become just black ink printed on paper.
This situation leads to the question of relevance of the constitution. When the
constitution and the law of the nation turn irrelevant, the governance mechanism
of the country goes unconstitutional. Normally, when such an occasion arises,
the nation has to suspend its constitution and think of a new system. The
current government has to take such an action. If the government fails to take
such a step, the youth of the country must agitate and must restore the natural
constitution of the humane law in our country because fundamental rights and
duties are not man-made. It is a divine creation.
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