With both the adultery and the marital rape issues being now considered by the Court, it is important to acknowledge that the fear of frivolous litigation should not stop protection from being offered to those caught in abusive traps, where they are degraded to the status of a chattel. The questions involve impairment of the rights conferred under Article 21 of the Constitution.
Alka Lamba has been criticised on social media for stereotyping the trans community by calling them "beech wale" who clap loudly ("thaali peetna"). Despite being called out on Twitter for her transphobic remarks, she has neither pulled down her tweet, nor has apologised for it.
Whether it is arbitrariness, lack of parity in verification requirements, placing the onus of men’s celibacy on women, treating men as a class of devotees whose interests require greater protection —each and every one of these conclusions requires the ban to be struck down as blatantly unconstitutional.
The Government’s tearing hurry and avoidance of the Standing Committee shows absolute disregard for democratic processes and parliamentary procedures. It also shows that the Government is not confident of its contents and is afraid that closer examination will expose the pompous claims and rhetoric that has surrounded the Bill.
Lawyers, members of the civil society, sex workers, queer rights activist, labour rights activists and child rights activists have criticised the Bill on grounds of increasing abuse of consenting adult sex workers, migrating labourers, targeting of transgender persons and the over-legislation resulting from the Bill’s scope and approach towards consensual sex work.
The former woman judge pleaded that her resignation — given four years back in the wake of “unbearable circumstances” — amounted to an act of constructive termination. She claims that she was forced to put in her papers as a consequence of her being unlawfully and in a mala fide manner transferred to a conflict area for not bowing to the immoral demands of a Madhya Pradesh High Court judge.
Lawyers Collective is addressing the media on why the Bill, which has been in the making for over two years, miserably fails to address the legal and real-time challenges that arise in addressing trafficking in persons and securing the rights and dignity of trafficked victims.