<< Prev Page    |    1    |    2    |    3    |    4    |    5    |    6    |    7    |    8    |    9    |    10    |    Next Page >> WHY INDIA IS DEVOID OF RULE OF LAW? Balbir Singh Sooch M.A., L.L.B., Advocate Sikh Vichar Manch Dedicated to The Spirit of Millennium World Peace Summit August 2000. 4 To establish Rule of Law, it is the basic principle that an individual, is stopped to use his autocratic and dictatorial whims before taking any decision so that he remains within the four corners of law and does not arbitrarily infringe upon anybody's lawful rights. It means that the laws should be such which do not allow anybody to decide a matter whimsically and arbitrarily. Political thinkers and legal experts explain such laws as Divine laws and Natural laws. A person has to be impartial in giving a verdict under such law. The constitution of any state is fair, only when it authorizes the law-making body to consider and pass a Bill, which provides the population, equal rights and equal justice without any distinction of caste, colour, creed or class. However, due to various shortcomings and prejudices, such Rule of Law could not be established in India. Since ancient times, Brahminism has not been able to digest such laws, always considering such laws as anti-Manuite. The guardians of Brahminism consider the Indian Constitution a gift from the foreigners, which is virtually a carbon copy of the Government of India Acts of 1919 and 1935. Theoretically, this constitution grants equal rights to all but they did not permit to execute or put in practice these rights for lack of will of the Varun-ashramites (believers in Manu's code of inequality etc.) They still adhere to the Manu Code and consider the same as Swadeshi. This is the main reason that they are out to turn the spirit of the present constitution saffron by making frequent amendments here and there. The students of history are aware that the Brahminism had admitted the pre-aryan stock into their caste system, allowing them as the lowest class of human beings and sarcastically called them Shudras. This caste system was and is the worst possible judicial system, enacted by the higher castes, keeping in view, the sole supremacy of the Brahmin, but it is still effective and visible in the society. The constitution is being shaped anew, to effectively incorporate the old Brahminic laws. Under those laws, the aboriginals of India were awarded such inhuman and barbaric punishments that a mere mention of them may turn a normal man, a lunatic (insane). Examples are not far to seek. As reported, only recently, Lalit Yadav, the Cooperation Minister of Bihar, violating the law of the land, kept his truck driver Dina Nath Dhobi (a Shudra) in illegal confinement and subjected him and the truck cleaner to severe inhuman torture for many days. According to Deenanath." Every morning, Lalit Yadav and his men had beaten us mercilessly. They would insert objects into my private parts and also urinate in my mouth almost everyday". This minister is stated to be amongst the Mafia members and thus a powerful person and such people are openly roaming the streets under police security. Similarly, it happened in U.P. where a minister is stated to have thrashed the driver and the cleaner of an oil tanker who could not give instant passage to the car carrying the minister. On March 21, 2000, one Saroj Sandha was arrested by the Bargarh Police in Orissa where an assistant sub-inspector took a vicarious pleasure of urinating in his mouth, simply because he had asked for water at the police station. Such incidents are happening daily in police stations but all not coming to public notice. Nobody is there to guarantee that such incidents will not happen hereafter. Because of such brutish incidents, there is an obvious clash between the rule of law and the Manuites who want to re-establish the inhuman Manu Code through the ruling fascist group. The elite are made to join the ruling class for preserving the supremacy of the Brahmins while the general masses are shown the rod and kept ignorant about social and economic pariahs. The matter seems to have gone so far that almost every exploiter and black marketeer has joined the camp of the casteist Brahmins. The aboriginal Shudras addicted to the reservation have unwittingly fallen in the Brahmins' lap and are content with their low menial status. Having been made a low menial and disgraced by the Brahmin led casteist society, the Shudra has felt satisfaction over his lowest status over the promised mirage of reservation doles. Sadly, the Shudra is not prepared to quit the Brahmin-Shudra alliance as he has tacitly accepted the fate of a menial and humiliated servile. He is using his caste as right to servility. Caste system is not any religion or faith. Being merely a "bandobust" of the casteist Brahmin, the intelligent Hindus know that this "ism" is not a religion. This partial system of living cannot be accepted in modern times because it is deadly against the doctrine of equality and brotherhood of man. This system cannot recognize a rule of law, which depends on exploitation and deceit and whosoever exposes its basic rules, is termed an enemy. Because of it, no other religion/faith is being tolerated by the exponents of this system. Hindus consider Indra and Krishna as gods. According to their literature, Indra had sent the fairy Menka to Vishwa Mitra and Kama Deva and Urvashi to Lord Shiva to entice them for sex, so that their victims may lose their spiritual powers. Krishna, in order to defeat the Kauravas in Mahabharat war and in order to benefit his cousins, Arjan and Bhim, used all methods of objectionable nature. What can be expected from the followers when their gods had themselves adopted questionable methods? For this reason, the crafty Brahmin has now started reviewing and changing the established facts from the history books. Traditionally, they do not feel any difference between Truth and falsehood; honesty and dishonesty etc. The ruling clique is trying to impress the Indians to become the blind followers and subservients of the al-mighty-Brahmins against the rule of law; as was done by the conquered Shudras of yore. In this way the Brahmins with already special powers usurped by them have created a new corrupt and subservient society while there is a poor, right-less and exploited society having no just rights except, of course, a right to slavery. They are being exploited and tortured, indeed. The wedge between these two classes is fast widening, thereby causing a social unrest, though the depressed class has ceased to cause any strain or stress because the unemployed and unscrupulous criminal elements of the privileged class have the patronage of unscrupulous politicians, traders, officers and high police officials. Such an element has taken to murders, dacoities and other heinous crimes and they even choose the youth from the unprivileged class for the commission of such like crimes, as and when the need arises, thereby causing a daily rise in crime rate. In order to break the superiority of law, the privileged and the criminals have started to enforce their own "laws". They are exempt from the enforcement of law, resulting in non-apprehension and punishment of offenders. It almost looks ridiculous that the present regime is attempting to get rid of the unsuited statutes enacted by the British under the pretence of 'Swadeshi'. The casteist faith has succeeded to tame the elite and successfully turn them virtually as their tail-waving slaves. The rapid race of corruption' has given rise to injustice and barbarity. The fast losing honesty, brother-hood and integrity of masses are fastly drawing the doomsday for India, nearer. The Rule of Law is the deadly foe of corruption. The corrupt people can never wish for the supremacy of law. An independent forum (courts) is essential for the healthy growth of Rule of Law. The courts have to decide the cases/matters according to the laws of the land and have to see that the administration is being run under those laws. The laws should be enforced in such a manner that the executioners cannot commit any irregularity or act in a biased manner. It should be strictly pro-people and without being unduly pro-rich or pro-autocracy. Presently, it is generally felt that the administration is being run by the corrupt coterie and as such is not acceptable to the people any longer. If the decisions are taken according to law, there would be no injustice to any individual or the society. But to defeat the object, the politicians have, since the dawn of the independence, given a step-motherly treatment to the judiciary. As a net result, because of the rise of corruption, many of the executioners of law have themselves chosen to become corrupt. Such corrupt people have been introducing corruption into the courts. It has not spread in a day, though its level has risen higher now and many wings of the judiciary have fallen into the trap. Whosoever had the responsibility to guide the Rule of Law, they too have helped to corrupt the judicial system. Who will then bell the cat? Are all citizens of this land capable to get justice through bribery? Certainly not. The aggrieved victims would try to catch the law with force and they have started taking the law into their own hands. They have come to know that the judicial system has become a puppet in the hands of the rich, corrupt and even criminals who do not care a fig about the administration and the courts. The state of things has gone so astray that the corrupt too now feel insecure, due to lack of law enforcement. It is not improbable that in times to come, their own men may shout at them, "oh corrupt, immoral and dishonest soul! Restore the Rule of Law, and respect the aspirations of the public in general". The ruination of the law has been due to the deterioration of supervision over the judicial system, hence its helplessness to perform. If, even now due attention is not paid towards it the corrupt won't be able to walk in streets and won't feel easy, while resting in their drawing rooms. The corruption has really made them dumb and deaf and they are unaware of the danger lurking in shadows. They do not hear the death-knell, it seems. Tt is a sour truth that after entering the political field, even the insolvent beggars have become multi-millionaires. The people have been crying hoarse with the demand that the corrupt persons should account for their acquired assets but who is there to inquire? The finger of suspicion is pointing towards them: the gods of corruption. Once upon a time, Dr. C.D. Deshmukh demanded an enquiry through a judicial commission, against the cabinet ministers but the then Prime Minister Pt. Jawahar Lal Nehru rejected the same. Dr. Deshmukh reiterated that the root of every corruption case leads us to some minister. In consequence, the corruption/depravity is so prevalent that the politicians, officials, businessmen and the police have formed a cartel among themselves. They have incorporated the judicial system too into their mainstream. They were afraid of the judiciary earlier but now it has become a part of the game. Any individual, who swears by the rule of law, is considered a spineless and failed person. What a pity! Some 26 years back, renowned journalist Mr. Benedict Costa had said that "India would still be the poorest of poor countries even after the year 2000 AD because the planners had declared that poverty cannot be eradicated during their lifetime and as such they were planning for their great grand children". It is worse now. Witnessing the present state of affairs, the future looks more and more dim. The foreign multi-national companies are capturing our commerce and economy. Current rulers are mute administrators and the real power is slipping into the hands of these foreign rich comers as under the new agreements, they will supply the essential commodities to the poor. Under the dumping policy, our industry and commerce both are standing on the crossroads. The selfish leaders could not raise the standard of living of our people nor could provide food or drinking water for crores of Indians so far. The custodians of power, in order to encourage scams and more scams, were making the masses lose faith in the law courts. It is possible, only if the judicial system is demoralized and becomes corrupt. They have succeeded terribly, and this may result in utter chaos. The President of India has openly expressed that "instead of becoming the temples of justice, the courts have become gambling dens where every thing depends on the face or obverse of the coin". The eminent journalist Mr. Swaminathan S. Ankleshwaria Aiyar has reacted in angry tone that "the President should own responsibility, as he is prominent member of the system that has let us down so badly. Too many of us have done well by joining the existing system instead of opposing it from out side; too many of us have compromised with corruption, banditry and injustice because it helps us get ahead. You are not only one; I and many fellow journalists are also guilty of making too many compromises. But why do you not say that this very scepticism about economic freedom was the excuse for imposing the politician-bureaucrat rule (Neta-Babu Raj) which has ruined us. India today is a land without justice. Nobody is convicted for corruption although it is omnipresent. Murderers, thieves are not in jail, they are in Parliament. Law-breakers have become lawmakers. Why? In the name of democracy, Minister obtained the power to transfer any official at will, and then used this power to literally sell lucrative transfers and makes officials accomplices in political crimes. Now, money, muscle and influence count for much more. This has caused glaring inequalities and injustice, not economic freedom". It is matter of great concern as to how the laws originated and enacted by such people can establish a rule of law. There are people who oppose the rule of law on the simple ground that these laws were enacted and enforced by the British and should cease functioning in the changed circumstances. They put themselves, as the alternative because they want to bring the caste-based system under which the Brahmin was the master and Shudra a slave. The privileged corrupt people would not be answerable to the new system while the mentally and economically depressed people are deemed as slaves who are being made menial workers through the corrupt politician-judicial nexus. Currently every moneyed person is out of the arms of the courts. Calling wealth a goddess, these worshippers of mammon want to establish such a rule of law. Every corrupt person abhors law. How can the worshippers of Laxmi (goddess of wealth) co-exist with law? That is why they are giving a bad name to the current laws, instead of reforming it by introducing some relevant useful amendments. Can we expect justice from the people inside the governments or their allies in India? Think for a moment. Are you not becoming a part and parcel of the corrupt clique, which is crying hoarse that the judicial system, education system, administrative system, constitution and democratic system are alien to Indian traditions and need drastic change? The present rulers are hell bent upon following the ancient partisan and degraded manuite laws and intend to thrust those uncivilised, out-dated and discriminatory laws on the Indian people. These people are ruling through the brute police force and not through the law.    << Prev Page    |    1    |    2    |    3    |    4    |    5    |    6    |    7    |    8    |    9    |    10    |    Next Page >>