Wednesday 20 November 2019

Customary right & constitutional right

Customary right has support of masses of particular society : These rights are independent to constitutional rights and sometime customary rights are originated from negative thoughts or evils : The clash between customary rights and constitutional rights are not new for us and support of legislation makes defeat to wrong customs : Constitutional rights gives strength to law and order: and Judiciary have a pious role for implementation of these rights : But what would be when there is a clash between customary rights and constitutional right and custom has a support of society : To punish every person of society it would be very difficult : when the society becomes vitiated it hampers the democratic set up : This is a history of number of evils lying in the society for example The evils of child marriage : even to restrain child’s marriage here is a law but inspite of number of child marriage are still going on behind the screen : this has a support of a society : it requires education to educate those peoples to show them the law which would punish in case they do it : actually without force of law peoples don’t divert from wrong custom : Triple talak issue was the same when there was clash to constitutional rights : Sabarimala issue of entrance of temple was the same : a clash  to constitutional rights : The Question is that executive should obey law and legislative body should enact necessary legislation to implement in proper way the verdict of judiciary :Support of masses comes when particular law is enacted for eradicating wrong custom and wrong or right custom it’s a work of judiciary which should be obeyed by legislative.and executive body in democratic set up after judgement of judiciary: supremacy of judiciary in the sense to regulate the belief enshrined in  preamble of constitution

No comments:

Post a Comment