Vageshwari Deswal

Despite 78 years of independence, we are yet to liberate ourselves from the stereotypes and prejudices that women counter in their day to day existence. Independence Day celebrations seem pointless when fifty percent of our population is deeply subjugated and her independence entrenched in our regressive patriarchal mindset. Even today, a crime against a woman evokes greater sanctions against her freedoms and we resort to imposing restrictions in the garb of protection.

One hundred and sixty three years after we got our first codified enactment on substantive criminal law, there is proposal to replace the old Indian Penal Code, 1860 with a new law titled “Bharatiya Nyaya Sanhita, 2023”. The title proclaims that this new law will focus on Nyaya- Justice as opposed to the earlier Penal code that focused on punishments.

In the raging debate regarding granting status of marriage to same sex couples, right to choose is being touted as the mainstay. Right to make independent and informed choice is fundamental to human existence. According to Article 21 of the Constitution “No person shall be deprived of his life or personal liberty except according to procedure established by law”.