The Indian Law came into the effect on 26th January 1950 was largely “Copy Paste” of English Common Law which had been changed almost 100 years back but Our Legal System remains the very same. I still remember two phrases I wrote in my earlier blog for the Legal system in India:
1. There is rule and there is Law but there is no rule of Law In India
2. Justice prevails in only 2 conditions in India, One if you know the law and second if you know the law minister (strictly means power and is not personal remark).
The Indian Constitution was made flexible by the makers where it has been amended almost 94 times unlike USA which just got 27, their law being rude and rigid. There are many Problems that Changing India is facing which are untouched by our law yet. Thanks to our rotten politics with the sole ingredients of Minority and Caste appeasement which has left it Spineless. I remember that NDA led Govt. made an initiative to upgrade the law which was opposed by calling it REWRITTING the LAW, ANTI- AMBEDRKAR and hence, quite surprisingly ANTI – MINORITY.
There are various issues which need to be dealt with utmost priority but the internal mutiny for Vote Bank seems overpowering it since Independence:
1. I feel surprised when I came to know that there is no Law existent in India for Sexual Exploitation of minor kids especially Males unlike Females(54% kids being exploited as per a survey). In case of Female, the Pervert is treated with rape charges but there is no mention for the Male Minor as if Constitution thinks that Minor Boys can’t be exploited.
2. Recently, I heard that my friend’s father died of Heart Attack in a train when he was coming back from his native village to Hyderabad. It is quite surprising that India railways being the 3rd largest Industry in World do not provide any Medical assistance in even Long Running Trains. Even stopping the Train would not have fetched anything for that South Indian heavy built tall man, Thanks to our Great Road Network and Health Facilities. Mumbai Local Train Carries Millions of People daily but it was the courage and Initiative of a Determined Man who lost his both legs in a Train accident to make the Govt. implement laws that Bound each Station to be equipped with Immediate First Aid facilities which If given to him would have save his legs.
3. We generally hear from our Most Honest Police commenting that there are less Number of Rapes, Murders and Robbery though the unbiased surveys show completely different picture. It is because 6 out of 10 are only reported and FIR’ d and hence there is no law which compels the Police to report even a complaint in their registers so that they are bound to reply to the Court.
4. India is the leader in bringing Scrap from the World but there are no laws or codes for the Import of such scrapes and they mostly enter unchecked. The Recent fiasco in Delhi where radioactive Cobalt 60 was found in Scrap shows that how foolish a human can be. If the amount was even as big as a matchbox, the complete locality could have been under serious life threat. There are cases where live explosives and Missiles were found in scraps but still we are mere spectators to such Feeble Laws or rather the unwritten Laws.
5. The Dowry Law- IPC 498A has become a Law for revenge which by and large observed by the Courts as being exploitation by the Bride’s house to sue Groom. It was written rightly to avoid domestic violence but this seems to have backtracked and the majority of cases filled under this are found fake and under motive to humiliate and avenge which has been termed as “Legal Terrorism”.
6. There is no law to compensate for the loss and damage caused when the some Political group which resorts to violence in order to be heard (in the lights of Maharashtra’s fiasco on Movie – Marathi Manoos etc). There is no law to subside the Communal and Caste based Violence which has struck India even in 2010 ( recently in Bareilly)
7. 99% of Indians continuously abuse and refute the Politicians but on the Judgment Day we find our Lazy Beds and Couches more Comfortable and the Election Day is a day to celebrate Sleep with the Voting turnout to be marginal 44% in average. Duty and Right to Vote has been said endlessly but apart from “Gujarat” no other Indian state has come out with strict LAWS for Compulsory VOTE.
The above are just few cases that came across and there are many more loop-holes that still exist in our legal system and are known by only those who have passed through its tiresome journey. The People are Doing what actually the Government should do either by awareness Programs or by Scripting them in law. These feeble laws will prove to be catastrophic in near future as our growing demographic dividend will find easy to earn on these leaks in the system as been done in the case of Harshat Mehta and Ketan Parikh who turned out to be the eye openers for the Law Makers.
It is better to be safe and sound than to be sorry. The Britishers have time and again improved their constitution as per the growing need for the generation but It seems Indians take it hard to realize the Tragic Instances when More Stringent laws could have saved many lives and avoided atrocities on its People . There are already 2 crores cases pending and it seems that another case needs to filled for making social and judicial reforms which will end up being 2crore and one.
India is said to be a soft state but I wonder how long will the Society remain the Soft Society?
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Mukul Gupta
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