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NEW LAWS HAVE TO BE CONSISTENT WITH INDIAN HEART, INDIAN FEELINGS

posted December 17, 2006 - 10:10am
NEW LAWS HAVE TO BE CONSISTENT WITH INDIAN HEART, INDIAN FEELINGS

All the present laws are either made by English people or made by our super English people. The main bad motive of making any law is that at any cost people should remain supressed by the Government officers. So all these laws are not consistent with the thinking and feeling of Indian people. Any law which is consistent with the thinking and feeling of Indian people, there must be wide scope of discretion. Interpretation of any law should be subject to the discretion of concerned person. So any wrong interpretation can not be made by twisting the law. Interpretation of law must be consistent with the purpose of making the law. This means that if the law is made for the security of life and property, the culprits can not get benefit of doubt by wrong interpretation. At present it happens that murderer who has done murder in the presence of many people at any prominent place in the market is set free giving benefit of doubt due to wrong interpretation of law. Reason of this is complexity of laws wrong interpretation and lack of power to use discretion. The judge should have wide discretionary powers to punish the murderer without insisting on evidences simply by understanding by his discretion that particular murderer is really murderer and he must be punished. The judge must have full discretionary powers not to accept wrong arguments of the advocates and technicalities.

Moreover, there must be provision in every law to punish the implementing officers against the misuse of the law. Whether the law has been misused or not should not be decided by officers but by the people who have to observe that law. If this happens, then only misusing the law and harassing the people and extracting corruption will end. So in every law, sufficient provision against misuse of law must be introduced.



Comments

Laws, Rules, and Rules of Law

"Rules of Law" come from the fact that--if you break a law--the makers of that law have the power to 'punish you' (we "grown-ups" might interpret it as 'stop you from continuing to do it,' 'give you an option' or 'allow it if you pay a "fine"-or-whatever'---as that's the intention of 'punishment'). I explain 'Rules of Law' first, because--though it only "matters" in the end--people (myself included, I'm not ashamed to admit) sometimes don't consider 'Laws' in deciding which 'Rules' to follow (or they don't consider 'Rules' in following 'Laws' ... those get mixed sometimes). I'll say more in a `byte that's been brewing in the back of my mind. What do You Think? Join Xomba to Tell Us!

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LAW IN INDIA...

...does not serve common people.The entire Legal procedure has been politicised and one with power(money as well as muscle)need not worry while being involved in a criminal act.You and I are helpless against this system and have nothing but to sigh because we are living among SMART HIZRAS(Casrerated People-neither male nor...). manojsir.blogspot.com

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