New laws or an effective implementation of old ones
New laws or an effective implementation of old ones - what do we need more today?
Is a change more necessary or an overhaul in order to bring about a revolution? The question is a tricky one and when it comes to laws of big country like India, it becomes even more pertinent. The Indian legal system has acquired a lot of its characteristics from the British including some of the laws which continue even now. There is no doubt that exhaustive laws had been prepared eons ago but over time the efficacy of these laws has been questioned.
Justice has been devoid to millions of its citizens on account of countless hearings and adjournments. Is it the inability of courts to act decisively or our laws which force the judges to not being able to give verdict sooner?
It is obvious that all judges act in accordance to the constitution. Hence, a number of laws which may have been written by the drafting committee over half a century back may be obsolete according to the modern times. Take for instance, the Juvenile Justice Act which states that a person committing heinous crime and being less than 18 years of age can only be sent to a special home for a maximum period of three years. This law came into focus after the gruesome rape in Delhi on the eventful night of 16th December, 2012 when one of the persons caught was 16. The question raised by lawyers as well as citizens across the country was that the law defines a heinous gang rape on the same level as theft.
The law was eventually changed. Unfortunately, one such incident led to waking up of the system and changing of the law. Would the citizens have to wait for some or the other shocking event in order to witness a change in laws.
Antiquated labour laws, reservation laws which focus on providing seats based on caste rather than merit and domestic violence law which tilts in favour of women are some of the laws which have to be overhauled completely. There are others such as the legal drinking age, the Factories Act of 1948, discrimination against gays and lesbians amongst many others which are ridiculous and do not hold any place in a country which is known for its secular and democratic credentials.
Over a million cases are languishing in various courts across the country. If justice is delayed and citizens keep taking rounds of various courts, then the country can obviously not have a productive workforce. This can dearly cost the Indian economy and hence, the people in power cannot ignore this part for very long and would need to act soon.
Discussion
- New laws or an effective implementation of old ones -Rishika Jalan (03/27/14)
New laws or an effective implementation of old ones - what do we need more today?
In India, we have a strong law and legislation for both genders and for every possible act of inhumanity. But still why do we read in the newspapers every morning that another woman has been raped? Why do we hear that another couple has been killed and robbed? The simple answer to this question is the non implementation of the laws. No matter how ever many laws we have in our nation, unless they are effectively implemented, none will have an impact on our lives and will not stop the increasing levels of crimes. What needs to be done and should be brought to focus is that the existing laws should be effectively carried out to bring a halt to all criminal activities.
If we go in depth and try to research on the laws our country has regarding the women rights, we would be stunned to see the great numbers. The constitution has kept every detail in mind and has framed laws for the safety and well being of women. But what the sad part is, that in spite of having these laws very few are actually implemented properly in the real scenario.
Due to the lack of the seriousness and diligence towards duty, the policemen and other official authorities fail to carry out their tasks conclusively. For this reason we see the number of women being ill treated and raped, increasing in our nation by the day.
With no threat from the police and appropriate actions being taken place, the criminals feel free to act anyhow at even public places. They are fearless and this encourages them to commit more crimes. While on the other hand, if the existing laws would have been implemented effectively at the right time then these criminals would not have had the courage to behave in such inhuman ways. The punishment given to one group serves as a lesson to others and instills a sense of fear among them.
For example, we have the law of punishment of death to rapists, but this law is implemented in our country after such a long trial period that in the mean while many similar incidents takes place. Had this law be acted upon immediately, it would have brought a real big difference to our nation and other inhuman people would have thought twice before committing such acts. But unfortunately that does not happen here.
To be precise, what we need in today’s time is not new laws but efficient and conclusive implementation of the existing ones. Even if new laws are introduced, unless they are not carried out properly even they would mean useless. So in order to make India a better nation and secure its citizens, we need to have an effective implementation body.
