Wife Beater vs. Fundamental Rights - What Says Const?
constitutional bar_exam intermediate mcq_debateYar friend, Vivek, and I had a heated debate over this MCQ. We're prepping for AIBE and I'm totally confused now. Question is:
The statement is: "The police can use force to break up a husband and wife fight even if the husband is physically abusing the wife."
Which of the following is the correct option:
A) True, under Article 51A (e) of the Constitution B) False, because this violates the fundamental right of the wife C) False, because the police has to use minimal force only
Vivek says B is the ans because it's a clear fundamental right issue. I say C because it's under the police powers act and not Const. What do you think?
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"Yeh question bahut hi important hai! Wife Beater (Section 498A) aur Fundamental Rights ka judwa hua hai. Pehle, Fundamental Rights ka ardhv yaani 'Right to Life' (Article 21) ko dekhein. Yeh kaha hai ki public aur private botha hi kanooni hain. Lekin, Section 498A ko to ek kanooni kanooni se nikaal diya gaya hai.