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In such a backdrop, when the constitutionality of a provision is assailed, the Court is compelled to have a keen scrutiny of the provision in the context of developed and progressive interpretation.

A constitutional court cannot remain entrenched in a precedent, for the controversy relates to the lives of human beings who transcendentally grow.

A woman cannot be asked to think as a man or as how the society desires.

Such a thought is abominable, for it slaughters her core identity.

In such a situation, Signature Not Verified Digitally signed by CHETAN KUMAR Date: 20 the essentiality of the rights of women gets the real requisite IST Reason: space in the living room of individual dignity rather than the space in an annexe to the main building.The progression in law and the perceptual shift compels the present to have a penetrating look to the past. When we say so, we may not be understood that precedents are not to be treated as such and that in the excuse of perceptual shift, the binding nature of precedent should not be allowed to retain its status or allowed to be diluted.When a constitutional court faces such a challenge, namely, to be detained by a precedent or to grow out of the same because of the normative changes that have occurred in the other arenas of law and the obtaining precedent does not cohesively fit into the same, the concept of cohesive adjustment has to be in accord with the growing legal interpretation and the analysis has to be different, more so, where the emerging concept recognises a particular right to be planted in the compartment of a fundamental right, such as Articles 14 and 21 of the Constitution.The civility of a civilization earns warmth and respect when it respects more the individuality of a woman.The said concept gets a further accent when a woman is treated with the real spirit of equality with a man.

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