Law and Justice

The Constitution of India invested powers in the legislative bodies such as Parliament, state Assemblies, Corporations and the village Panchayats to make law within their territorial jurisdiction. There are mainly two types of laws namely substantive and procedural laws. The former determines right whereas the later lays down the procedure to be followed by law enforcement agencies and the court. The court function is to adjudicate the matter whenever a case, either criminal or civil, is brought before it. In the civil cases the court determines the right in favour of one of the litigating parties whereas in the criminal cases the court either convicts or acquits the accused. The high court and the supreme court of India has power of judicial review i.e. power to determines the legality of the law/act made by the any legislative body within their jurisdiction.
To maintain law and order is the foremost function of the state. The police investigate crime and bring the culprit to the book. Hence the police play an important role in the criminal cases as an investigator. The power of police has been described in the code of criminal procedure, 1973.
In India police enjoy least respect in the society because of its shaky integrity and dishonesty. Even in the British period the lower police officials were condemned for their dishonesty. The police are infamous for their brutality, unpolished behavior, partiality and least regard for human rights. Unfortunately the government has failed to shed the old image of police by introducing reforms in the police system. Although many times the matter relating to police reform has been raised, however the government is continuing the colonial trappings of police.
The criminal law in India is pro accused except in dowry death case where law is pro prosecution. No accused is guilty unless held guilty by the court. The onus is on the prosecution to prove the guilt beyond reasonable doubt. In India the police often use third degree method to procure evidence. The police hardly use scientific method to collect evidence unlike their counterparts of the western countries. Many of the lower level police officials are corrupt and the get allured by money. There is lot of political pressure on the police officials. Therefore a case is rarely investigated fairly and objectively. The result is obviously in favour of rich and influential.
The justice has become a mirage for the common people. Most of the procedural provisions are dilatory. The common people tremble when they hear the court and the police. How long this type fear psychosis will continue?
------- Radha Krishna Kumar

Political leadership in India.

61 years have passed since independence but India has not been brought in the group of developed nations. Although the nature has given everything to this great country. It has a glorious history and civilization. The people are enterprising and diligent. The country has abundant natural resources. Despite of the gift of the nature the political leadership of free India failed to provide the basic necessity such as water, primary education, basic health care, road and electricity to the rural masses.
Mrs. Indira Ganghi was a patriotic leader. She tried her best to ameliorate the condition of common masses of the country. Agriculture and Industrial revolution was brought during her regime. She was a dynamic leader who enhanced the status of India in world. India became the leader of the non-aligned nations. After Mrs. Gandhi the names of Morarji bhai Desai, Babu Jag jivan Ram, Atal Bihari Vajpayee and Chandra shekhar can be mentioned as the national leader who were having vision of the nation building.
India is passing through the leadership crisis. At present there is no true national leader who has balance vision for the development of this country. India’s future is looking murky under the pygmy political leadership having their sectarian, regional, castes and sectional interest. They are incapable to lead the country forward with a holistic and dynamic view in the interest of the nation. The exiting leadership is more after power and money minting rather a statesmanship for the betterment of the nation.
Although India is facing enormous challenges. Most glaring challenge before the country is the security of life of the common people. The present leadership is more conscious about their own security than the security of common masses. The common people are not secured in the capital of India, what to talk of others? If the temple of democracy, the parliament, the sign of sovereignty of the nation, the red fort, the heart of Delhi,Cannought place is not secured under the present leadership how will they be able to provide security to the common masses?
The present leadership knows it better that it is out of their capacity and capability to solve the problems of the nation but they are befooling and exploiting the common people to grab power and to make money for their kith and kin’s. Unfortunately, at present India does not have good leadership who are having honesty, dedication, integrity and above all patriotic feeling for this country. May God give this nation good leadership.
------- Radha Krishna Kumar.

Human rights & bigotry

Article 3 of the Universal declaration of human rights declares that everyone has the right to life, liberty and security of person. Every nation has included this great declaration in their constitution. It is the paramount duty of every state to protect its people and their properties. Everybody has right to live with dignity and honour. However it is a matter of concern that the state has become puppet in the hands of bigots.
In this age of science, the medieval practice of intolerance should not be allowed to run by any civilized nation. On the name of religion no one should be allowed to take the life of others. In the state of orissa the minority Christians are being attacked and humiliated by the Hindu fundamentalist and the state is watching shamelessly the inhuman act of ruffians and rogues. The state has virtually surrendered before the rascals.
It is high time that all right thinking people should come closer to fight against religious bigotry which is engulfing the humanism, sensitivity, rationalism, scientific temper, the spirit of inquiry and spreading insanity and irrationality.
To some extent, the great philosopher and thinker Karl Marx was right when he said that the religion is the opium of society. Perhaps Marx would have said this after having seen and read the genocide on the name of religion in middle age and afterward. The protestants were prosecuted by the Catholics. The Arabs plundered the Hindu temples in the middle age and persecuted Hindus. The religion brought division and hatred. Today the world is facing unrest and terror due to religious intolerance. The lofty ideals of any religion are hardly being propagated. The religion has become a tool in the hands of conservative and vested interest to exploit the masses for their political and economic gain. Faith is, of course, the private affair. It should not be demonstrated.
It is all right, if the religion is for the peace and betterment of human being, otherwise religion is the opium. Violence is not religion rather it is poison. Humanity, love, compassion and good conduct is the touchstone for testing any religious act. Live and let others live should be our motto.
----- Radha Krishna Kumar