<< 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. 6 The misuse of law is the mother of corruption. It is not the rule of law when the rulers wearing the mask of law use the police and the courts to enforce their own decisions intending partiality, thereby destroying the social structure. It is a proven fact that the state power bereft of rule of law cannot impart justice because a human being is always a human being and cannot forsake impartiality and authoritarian attitude. It may take a thousand years before a human being becomes complete and guiltless and get him/herself substituted for Law. Only then, the idealistic scripts may prove effective. Only rule of law can be beneficial to the present society and no useful purpose can be served by building castles of idealistic thoughts in the air. The enacting of laws on the basis of partiality and inequality is rigid fundamentalism. The only solution for the above is adherence to the moral side of religion and thus enforcing the Rule of Law for the people. Obviously, a corrupt person believes that worshipping Laxmi is worship of God. Laxmi refers to wealth and the later to god and thus is so worshipped. As the wealth (maya) is god, so no stone is left unturned to please it. If a sin is committed during this process, one may be absolved of it by merely repenting (prayaschitta), as there is no punishment for the commission of such sin. In other words, the worshippers of Laxmi are Hindus who are adherents of caste system. The deification of Laxmi (corruption) is granting mother-hood to sin. What kind of justice is expected from those persons, whose god is the creator of all sins? Ugly culture and ugly civilization are the products of those sins. The society may be rid of evil, only if we get rid of this evil worship. One should isolate him from the society of such idolaters and only there, lies salvation. The corrupt persons are of the view that laws are not made for strange purposes but are for recognising the habits, rites and rituals of the masses. Now, when the people have accustomed to collect wealth through corrupt means, this habit requires recognition. This viewpoint leads us to believe that a strong person is demanding the recognition of slaying the weaker persons. These used to be the Mannu's Laws which gave Brahmins, a right to exploit the down trodden by naming them SHUDRAS. Such inhuman laws are likely to be introduced in near future, as the manuite ideas are still being operated and the Brahminic persons are not prepared to substitute the animal instinct for human instinct. For this reason, the rule of law could not be established in India i.e. Bharat, and the rule of corruption is still hailed here. According to world-renowned writer, Mr. Aldous Huxley, the worshipping of human gods is the lowest example of a religion. Fortunately, Sikhism does not allow such vulgar ideas of worshipping a person of bones and flesh. The caste system has put an estopple to the growth of man to an ideal person. In today's world, if a man is to be graded as low or mean, people call him "as corrupt as a native of Indian sub-continent'. It is apparent that the people of developed countries have a great hatred towards the caste-ridden society of India and they despise them. Why the religious minorities are being targeted for re-introduction of caste-system by the 'Hindu Twees'? In the garb of introduction of a single civil code in the country, why the identity, culture, ideas, customs and self-respect of the minorities are being eliminated? Why Mannu's depraved laws are being enacted and why attempts are being made to devour the languages, religions, beliefs etc. of the minorities? Dictatorship has taken place in the name of so called democracy. Progressive religious movements have gone to the wind; instead gods with multi arms and multi legs having pre-civilization rituals have arrived with a vengeance. Religion has gone in hiding and sin is visible to anywhere. The Home Secretary of India, Kamal Pande, while addressing a batch of IPS officers-trainees at Hyderabad, posed a few questions and said, " It may sound harsh but it is true that the people no longer feel safe in the hands of police. Does a common Indian approach a policeman or a police station in case of difficulty or does he hesitate fearing rude behavior? Does the public willingly cooperate with the police to help them solve a crime or do they avoid getting involved apprehending harassment or even false in crimination? Can a woman or poor person go to police station and feel safe? He regretted that the answer to each of these questions is "what it should not be". He also adds that the system "is suspected unfortunately by the law-abiding public, but not by the people who are on the wrong side of the law". Mr. Pande advocated major changes in the present police system, which he describes as "oppressive, unfriendly, incompetent and outmoded". Mrs. Kiran Bedi, the well-known Joint Commissioner of Police has admitted that a lot of work and courage are needed to instill a sense of humanity and morality into the Indian police to bring them at par with the American police. It is essential that at the time of recruitment, morality is also kept in view through required tests. It is not untrue that the police lacks humane and moral values and as such their interaction with the public is far inferior to those of the developed nations. She reminded that good policing is extremely expensive both from human resource and technology point of view". Only recently, the Punjab Human Rights Commission has also observed that the Punjab police is still violating the human rights at its worse. It is difficult to restrict them because the politicians and the officials have been and are still feeling secure only under the protection of the police bayonets and as such the police is not answerable to them. Press, too is under the police control. Former Director General of Police, K.P.S. Gill opposed the restrictions on the press, when Anti-terrorist Bill 2000 was to be introduced in the Lok Sabha with the remarks that 'the press had given full cooperation to the police during the last upsurge in Punjab with full commitment. Such cooperation should not be exposed. Only one journalist had expressed his desire to be posted to Assam, and he is keeping liaison with me through telephone." Can the media yet be called independent, free and fair when it has an open close liaison with even the corrupt, inefficient, immoral, pro-rich, anti-victim and anti-complainant police personals. For this very reason, the media is being advised to stand erect against the unlawful pressure, though the police and politicians have habitually been subduing the Press in one way or the other and are still pursuing this line of action. The past practice of the Indian rulers is evident that they enact an anti-people law under false promises but then misuse the same. It is still adopting the same practice and the Anti-terrorist bill 2000 comes under the same category. Home Minister Lal Krishan Advani in order to enforce his fascist views to enhance the Nazi like rule, is trying to get it passed, even though the National Human Rights Commission is fighting it tooth and nail. The government of India is still zigzagging to avoid signing the U. N. convention against torture though more then 120 states are now party to the convention against torture. The National Human Rights Commission (N.H.R.C.) has remarked that because of non-signing the U.N. Convention, number of violation of human rights is increasing day by day. But, through the Indian press, it is being widely claimed that India is the champion for the protection of Human Rights of the public. It may mislead the simple population of the country, but nothing can be concealed from the eagle eyes of the other nations. No circumstances can justify the use of torture. Neither war nor insurgency, nor public emergency, nor orders from superiors can be invoked to explain the practice. It is forbidden by the constitution and the rulings of the Supreme Court. It is prohibited, absolutely both under international humanitarian law and the human rights instrument of the United Nations. Regretfully, police has been largely criminalised, as they have no respect for the human life. Only recently, the Calcutta Police and CBI have succeeded in roping in five senior Punjab police officers in Tiljala Murder case where they killed a Sikh couple in a fake encounter. Though convicted and sentenced to undergo life imprisonment, the five convicted police officers have secured release on bail by Mr. Justice Nure Alam and Mr. Justice P.K. Sen of Calcutta High Court. The convicts include the then Superintendent of police Sant Kumar and Deputy Supt. Police Sukhdev Singh of Bhatinda. Can a poor ordinary person get instant release on bail when the Supreme Court had already taken notice of? According to a Senior Bureaucrat, Mr. K.J. Alphons, "for far too long this country has been run on a single principle-secrecy. Secrecy has helped politicians and bureaucrats to get away with murder. You remove the veil of secrecy and truckload worms will come out. Under our judicial system, the culprits with money and influence may not get the punishment they deserved". A prominent lawyer, Indira Jaising also said, "the only way to check the cancer of corruption in high places is to introduce mechanism of transparency and accountability in governance."    << Prev Page    |    1    |    2    |    3    |    4    |    5    |    6    |    7    |    8    |    9    |    10    |    Next Page >>