Former Justice of the Supreme Court of India, Mr. Krishna Iyer, had always been a champion of WOMEN’S CAUSE.
While he was the justice of the Kerala High Court he had delivered a judgement in the matter of Yusuf Rowther vs. Sowramma, AIR 1971, Kerala 271, which is a landmark judgement on the basis of EQUITY and less on MUSLIM LAW. After all, I am of the unshakable belief that no atheist or a person not belonging to that particular faith would be able to appreciate and apply the law embedded in the religious texts. Maybe the courts should take the advice of the religious heads before they come up with so called EQUITABLE SOLUTIONS! No doubt there are highly learned Jurists who belong to faiths different from that of the law applicable to the parties, like Tahir Mahmood etc.,yet they are balanced in their views, but they are exceptions.
At the outset it is a fact indisputable, that Mr.Krishna Iyer was a Minister of the Kerala Cabinet before becoming a Justice, therefore his social reformatory zeal, i presume, got to colour his judgments. However in all fairness, it should be conceded that his judgments appear more biased for social reasons than for religious bigotry. However it has always been a mystery, why he had to retain the tag IYER- which clearly indicates the community from which he hails.
Women deserve to be treated better and, to be given equal rights in the ancestral property, right to the education like any male sibling, dignity to lead a life of her own etc. etc.. But in our eagerness to provide women a better life and protection of our laws, we tend to go overboard and bring imbalances in the system- which is taken advantage of by crooks and rogues. There have been many instances of a wife having an affair outside her marriage, who brings allegations of DOWRY HARASSMENT against her husband, and gets him and his relatives into jail. The law is helpless and the fact finding police is afraid of the jurisdictional magistrates- who in turn are scared of the media and the women’s organization. It has become a chain of events that serve each link its own purpose, and the individual is left to his fate!!!
The misuse of the provisions have made mice out of men, especially men who are timid with wayward wives!! This situation is to be balanced somehow, otherwise the social objectives of the legislation would not be met. The man who is not at fault, should be supported by the law to live with dignity, as much as a woman is entitled to it. He should not be made a victim of the laws by the police that fears the Magistrate, a Magistrate who in turn fears the higher judiciary and the media, and the women’s organization which is not interested in the facts and circumstances!!!
Mr. Krishna Iyer has DECLARED DEATH SENTENCE ON DOWRY– as per page 2 of the Newspaper DNA, Bangalore edition dated 29th July 2009! Whatever that means…is like the statement made by Robert Browning about the meaning of his poem:-
“When I wrote it God and Robert Browning knew the meaning; now only God knows.”
BUT AFTER ALL, GOING OVERBOARD IS KRISHNA IYER STYLE!!!