Recently in all its judgments, the Indian Supreme Court has upheld equality and showed us how the Indian constitution upholds ‘equality’ in all aspects. Equality has become the sole reason to ban age-old customs (in Sabarimala) and even scrap laws and redefine our social relations. It is said that since Indian constitution upholds ‘equality’, husband and wife should be considered equal (while husband continues to maintain the wife either good or bad). In page 8 of the 243-page judgment on scrapping IPC 497, Supreme Court stated-
“It was argued that clause 3 (of article 15) should be confined to provisions which are beneficial to women and cannot be used to give them a license to commit and abet crimes. We are unable to read any such restrictions into the clause.”
In other words, the court thought that the constitution makers were morons who did not want to punish women for committing crimes. If that happens, then the country will lead to anarchy. Since the Supreme Court has stated this, that they are unable to see a provision that can stop women from committing crime, it becomes even more dangerous. Question is, do women now have open license to commit crimes? If this judgment is not a dictatorship (I am a judge, I do whatever I want) then what it is?
However, I have already shown how even the provision of Article 15 (3) of Indian Constitution is limited and how there is an existing provision in the constitution itself, that limits the use of Article 15(3).
So, in this article let’s first assume equality, and henceforth we should only assume equality in this article.
Courts Are Not Equal in First Place
Question is when all Indians are ‘equal’ and equality is so sacrosanct, then why having courts in the first place? If we are equal, how can any individual (read judges) even run our trials? Isn’t the whole system of courts, judgements, punishments etc. fall flat in front of ‘equality’.
In fact, if we look into our existing courts we will see that this so-called patriarchal chauvinism exists to the maximum extent in our court system. There are so many courts at different levels. Lower Courts – upper courts – district courts – high courts – supreme court. There are lok adalats, consumer courts and what not. Question is when the constitution says, we are equal, how can these people who are known as judges, even exist? There’s a strong hierarchy present not only in courts but among judges and also among lawyers. A junior lawyer never considers him equal to a senior lawyer, junior judges need to listen to senior judges and senior judges to special benches. There is hierarchy existing in all such benches as well. A small bench can’t overrule a judgement given by a bigger bench and so on.
So, when our courts talk about ‘equality’ and show that this moronic concept of ‘equality’ overrides all other constitutional provisions, they themselves don’t follow equality in the first place. In fact, chauvinism is most prevalent in our courts.
If We Are Equals, Why Courts?
Since, now we know (after the recent judgments on IPC 377, 497 and Sabarimala) that equality overrules everything else, from now on we should not abide by any ruling given by any court because if we are truly free and independent then all courts should seize to exist with immediate effect and all past ruling or law should become null and void.
Since we are all equal, we should henceforth call all judges including the Chief Justice of India with their first names, like Deepak, Indu etc. No special salutation like “Honorable”, “Mr.”, “Your Honor” or “His Highness” etc. to be added. No one should be ever booked for any offence for not obeying any court order or for not respecting these judges or courts. Because they are all unconstitutional (since equality overrules all provisions).
So, I will now show you how Deepak, Indu and others (all courts and judges) keep fooling us with their own definition of ‘equality’ and how they actually don’t believe in equality but uphold their supremacy and dictatorship since they are not punished for their errant behaviour.
Why Hierarchy in Any Institution?
If we look around, we will find a hierarchy in place in every institution. Be it a small shop, public/private enterprises or government/quasi-government bodies. Even in our parliament, in ministries and in other state bodies, there is a hierarchy in place. If we are all equals, then why this hierarchy? Why the Prime Minister is considered ‘prime’ and why the ‘President of India’ is the first citizen of India? If we are equals then let’s demolish all these age-old patriarchal concepts of hierarchy and be equal in the true sense? Article 15(3), as morons keep repeating, is not even valid here because these positions are occupied by males.
If nothing of these can be done and there can’t exist any institution without a legitimate hierarchy in place, and if all that I said so far sounds like taking human civilization back to the primitive age, then you are agreeing to me and refuting the Supreme Court verdicts that our constitution wanted ‘equality’. Deepak, Indu and all other judges in that Supreme Court building and in their plush bungalows with Z category security may be busy thinking why should they get any special provision at all?
But they are unlikely to do any of these because they are now dictators. They know that the words on ‘equality’ that they say in their judgments are all farce. ‘Equality’ can never exist anywhere. That is why we have seen socialism falling down and Deepak himself doesn’t believe in this. The recent controversy around preparing judges’ rosters showed us how much chauvinism he carries. Remember how much chauvinism he showed about the Chief Justice being the sole decision-maker in preparing judges’ rosters?
Why Husband/Wife Can’t Be Equal
So, it is seen that Supreme Court judges Deepak, Indu and others do not actually believe in equality but they force the basic unit of society, named ‘family’, be based on equality, which is not possible for obvious reasons. If family as a unit of the society becomes a partnership of equals then that structure is sure to collapse leading to the collapse of this society. As happened in Kibbutz society in Israel. That society was set up on egalitarianism and stopped using the word ‘BAHL’ (a word in Hebrew that means ‘Master’ and is used for husband). But after ‘enjoying’ egalitarianism for 50 years, their grandchildren started using the word again and went back to the traditional family system.
This seems impossible under current scenario because if husband/wife are considered equal, then no one should be entitled to any protection from the other, they should become indifferent to the other person’s existence. But our courts continue to give a ruling to show why a husband should maintain a wife etc. If we are equals, courts as external entities have no right to interfere in our personal lives in the first place because they should seize to exist. Also, if in a relationship if one person is supposed to maintain the other and take care of the other, he becomes the ‘head’ of that unit automatically.
A family becomes a unit when the members of the family act as a unit. To act as a unit there needs to be a clear hierarchy in a place like any other institute or organization. Otherwise, everyone in a family behaving their own way is sure to invite disaster. Personal independence, freedom etc. get curtailed in any form of society. The very fact that our courts want to establish their ruling on us itself shows curtailing of our independence.
Courts Do Not Mean Equality
‘Equality’ is good only in judgements and in utopian socialist theories and not is possible in practice. Our courts surely do not follow or mean equality in the first place. If you disagree, try doing some obscene act in any court in India or call the judge by his name in his courtroom. See what happens. Immediately, all patriarchal chauvinism will break loose (even if the judge is a female). Don’t blame me for consequences as you are the one who didn’t believe me in the first place, that courts actually don’t mean ‘equality’ at all. It’s all about dictatorship unless you believe every society needs a structure in place and so are our families.
If US citizens could do this after the appointment of Kavanaugh who was ‘accused’ of sexual misconduct by a woman, why shouldn’t Hindus do this to Indian Supreme Court after the Sabarimala verdict? Can any Hindu even reach that close? – #Equality
Why the Supreme Court Should Be Closed
Indian Supreme Court should be closed down because it has failed to interpret the constitution to the betterment of the society and for their hypocrisy around ‘equality’. Because if we are equals, why courts? Why government? Why any society? So, from these judgements that talk about this moronic concept of equality while upholding dictatorship of our courts, I learn that it’s the Supreme Court that needs to be closed first to uphold equality.
Equality is only good as long as the Supreme Court judges and the power structure can retain their power in the most autocratic way while they keep talking about equality.
@Deepak, want to debate it out in any live open forum of your choice as equals and without any chauvinism that you keep talking about in your judgments? Let’s play equal-equal. Are you game?