Report No. 90

6.2. First and second alternative compared.-

The reason why we attach the highest importance to amending section 10 as above may be stated. We regard such an amendment as a constitutional imperative1. In our view, if the section is to stand the test of the constitutional mandate of equality before the law and equal protection of the laws, in the context of avoiding discrimination between the sexes, then the amendment is necessary. If Parliament does not remove the discrimination, the Courts, in exercise of their jurisdiction to remedy violations of fundamental rights, are bound some day, to declare the section as void. Once this happens, there will be created a hiatus in the law, and a tidying up of the statutory provisions will then become even more urgent than at present. In this sense, there is a very strong case for amending section 10, as above, for constitutional reasons. Of course, even apart from the constitutional, mandate of equality such an amendment would be eminently sound on the merits.

1. Para. 2.3, supra.