Topic Of The Day:-“Flouting laws”
To return to Prof. Baxi’s concerns on the place of law: Article 17 of the Constitution of India states: “Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.” This is a fundamental right and therefore justiciable and enforceable by courts, which shall call governments to account.
In 2009, the Delhi High Court, in Naz Foundation v. NCT of Delhi, invoked Babasaheb Ambedkar’s delineation of constitutional morality in asserting the urgency of decriminalising consensual sexual relations proscribed by Section 377 of the Indian Penal Code. The court cited a second provision as well: Article 15(2) which prohibits any form of horizontal discrimination drawing again from the experience of untouchability that obstructed the universal use of public places, restaurants, water sources, etc. We witnessed last month a triumphal return of constitutional morality as a guiding principle for constitutional interpretation. A five-judge bench of the Supreme Court of India, in Navtej Singh Johar v. Union of India, deployed this framework to reaffirm the rights of LGBTQ and all gender non-conforming people to their dignity, life, liberty, and identity.
The genealogy of Ambedkar’s signposting of constitutional morality may be traced to the strength of anti-caste resistance and the abolition of untouchability. It is from this context that constitutional wisdom was applied to analogous situations of oppressions based on sexuality. It is time to call the government to account through a recursive method that takes us to the original constitutional proscription of untouchability, armed with the wisdom of the Navtej Singh Johar case.
MEANINGS AND WORDS
1) invoked
Meaning : cite or appeal to (someone or something) as an authority for an action or in support of an argument.
Tamil Meaning : செயல்படுத்தப்படுகின்றது
Synonyms : conjure , appeal to
Antonyms : answer
Example : “the antiquated defence of insanity is rarely invoked in England”
2) ambitious
Meaning : having or showing a strong desire and determination to succeed.
Tamil Meaning : மூர்க்கமான
Synonyms : earnest , energetic
Antonyms : lethargic
Example : “a ruthlessly ambitious woman”
3) elusive
Meaning : difficult to find, catch, or achieve.
Tamil Meaning : மழுப்பலாக
Synonyms : fleeting , slippery
Antonyms : definite
Example : “success will become ever more elusive”
4) latrines
Meaning :
Tamil Meaning :
Synonyms :
Antonyms :
Example :
5) prevailing
Meaning : existing at a particular time; current.
Tamil Meaning : நிலவும்
Synonyms : prevalent
Antonyms : uncommon
Example : “the unfavourable prevailing economic conditions”
6) evil
Meaning : profound immorality and wickedness, especially when regarded as a supernatural force.
Tamil Meaning : தீய
Synonyms : corrupt , hateful
Antonyms : attractive
Example : “his struggle against the forces of evil”
7) asserts
Meaning : state a fact or belief confidently and forcefully.
Tamil Meaning : வலியுறுத்துகிறது
Synonyms : allege , argue
Antonyms : conceal
Example : “the company asserts that the cuts will not affect development”
8) wards
Meaning : a separate room in a hospital, typically one allocated to a particular type of patient.
Tamil Meaning : வார்டுகள்
Synonyms : avert , block
Antonyms : open
Example : “a children’s ward”
9) spurs
Meaning : a thing that prompts or encourages someone; an incentive.
Tamil Meaning : துருத்த
Synonyms : activation , actuation
Antonyms : hindrance
Example : “wars act as a spur to practical invention”
10) exploitative
Meaning : making use of a situation or treating others unfairly in order to gain an advantage or benefit.
Tamil Meaning : சுரண்டலை
Synonyms : corrupt , crafty
Antonyms : frank
Example : “an exploitative form of labour”
