CONTEMPORARY TRENDS IN COMPARATIVE CONSITUTIONAL LAW: DELIBERATING THE ISSUES AND CHALENGES

Abstract

The most recent Manipur occurrence highlights the question of whether the rights guaranteed by the constitution—which encompass equality and individual liberty etc—are only written on paper? does the marginalized population not have the freedom to move about without worrying about harassment?  Although nature has made each of us physically unique, but does this mean that our differences should be present when it comes to exercising our rights or leading a free life? The answer is no. Our differences, whether they be cultural, social, or gender-based, should not exist. For this reason, we should remember the principles of equality and liberty when we draft the Constitution, who’s Preamble itself mentions justice, equality, and the integrity of the individual. However, the curse of discrimination based on gender, religion, or other factors has been present in the nation since ancient times. This concept, which ultimately affects people's progress—be it social, economic, or otherwise—has been attempted to be addressed by the judiciary and parliament on multiple occasions yet the problem of marginalisation still exist in country. This paper attempts to address the grey areas in legislation, the judiciary, and society that allow this curse to persist through a thorough and comparative analysis. The study attempted to provide a remedy or recommendation to remove this evil of marginalisation on basis of gender, religion and caste from society by a comparative examination of the marginalization situation in India, so achieving the goal set forth by the framers of the Constitution—a nation characterized by equality and peace where the individual irrespective from any   gender ,caste ,religion could live life with liberty, equality and freedom.