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We as humans have evolved, developing practices and altering habits, because from the very beginning of our existence we have been trying to understand the world better. Exploring and examining the scope of evolution, developing coping mechanisms indulging in various activities trying to seek perspective on the environment. It would only be fair to state that the world around us has changed in various aspects, human evolution has been the catalyst for this change. But despite the widespread changes in various methodologies and practices, we still haven’t let go of some practices and conventions we previously adopted. Even though these practices have now become stale, impractical and some even ridiculously outrageous we still hung on to these.
The changing world requires a change in practices and willingness to adapt, hence it is important to let go of practices that outrightly aren’t fit for today’s world.
Our society followed the ‘Sathi’ system till 1829, and later it was abolished as it was understood that in a developing world, the life of women didn’t just revolve around her marriage, and remarrying wasn’t supposed to be treated as a sin. Certain conventions that were once relevant are not to be considered forever relevant.
What is relevant and what isn’t, is subjective. Time is the factor that determines what relevance stands for at the very moment. The caste-based discrimination that very evidently existed in the society was deemed appropriate at a certain point of time, but later on, the evolving civilized society came into terms with how ridiculously baseless such discrimination was and how it would have adverse implications on the growth of the society. Hence laws were made to curb this system in 1950, and the first-ever legislation pertaining to this was in 1955.
Female foeticide, another form of social evil that prevailed in the society was also deemed irrelevant and unnecessary. With the growth of society, the light was shed on the ridiculous and outrageous nature of this practice that was incoherent with the developing society, and in 1995 laws were made to prevent it.
Homosexuality was previously deemed as a criminal act, the society as a whole condemned it, some even treated it as a disease. With the many changes the society underwent, somewhere it was understood that homosexuality just like heterosexuality was normal and not something that should be outrightly condemned.
Hence understanding the basic principles of inclusivity and dignity Article 377 was decriminalized.
Another very outdated practice that persisted in our society was the practice of triple talaq. Despite the prevailing mechanism of Judicial Separation and divorce, triple talaq was still being practiced amid the trauma it caused to the divorced Muslim women. In Shayara Bano v. Union of India, the validity and relevance of triple talaq rose into question. After being married for 15 years, on one particular day the petitioner was divorced by the respondent through the medium of Triple Talaq. The writ petition filed, questioned the validity of 3 practices under Muslim Law
In February 2017 a 5 Judge Bench was constituted to rule on the same. In August 2017, The Bench stating that Triple talaq was inconsistent with Fundamental Rights guaranteed by the Constitution, declared the practice of instant triple talaq illegal. The center made passed legislation pertaining to the same in July 2019.
The practices adopted should not be inconsistent or incoherent with the well-being and welfare of any member of society.
It is important to understand that practices that hinder the progress of human civilization in any way, must be abrogated. The changing aspects of a developing society at any point of time must be vigorously interpreted and analyzed taking into consideration the various factors that have bearing on the society in order to ensure a certain degree of harmony between the practices adopted and the welfare of every member in the society at that particular point of time using the tool of timely introduced legislation.
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