Tuesday, 1 January 2019

Law will take its own course!

In public conversations, 'law will take its own course' tag has almost become a cliche. Law taking its own course is the most favorable course any case can take for the benefit of the accused. Corrupt politicians often take refuge under this umbrella to lengthen the courtroom proceedings, buy time and bailout culprits. This terminology in blame game politics implies that who ever is guilty of an offence will get punished as per law. Law will take its own course is meant for the educated people who are afraid of the law, which is not to be crossed over under any circumstances. Upholding the majesty of law and the principle of equality of all before the law, however high or mighty the persons may be, is the bounden duty of the government. In India, we have the best drafted laws but the problem is that the law enforcing agencies doesn't work effectively and the common people are the worst hit. The law almost never takes its own course in India. The state is always up to mischief against the citizen and the judiciary usually does not resist it. The conduct of democracy rests on three core ideas – representation, rule of law and freedoms. A substantive idea of representation goes beyond the minimalist protocol of electing representatives. It includes an idea of representation of voiceless people who do not know how to speak to power, or who do not know how to use existing laws to protect their lands and forests from rapacious loot by crony capitalists. The second feature of democracy is the rule of law and the accountability of those who implement and use law. The rule of law aims to protect and preserve the rights of people, and if these rights are being infringed, to provide recourse and remedies. And finally, democracy functions through a range of freedoms – to speak, express, form associations, dissent, basically through a mobilization and institutionalization of demands, and a competition of ideas and agendas. Dissent is the safety valve of democracy. If not allowed, the safety valve will burst. This is not part of some revolutionary ethic but comes out of a standard understanding of the mechanics of liberal democracy. Truth is self-effulgent. If truth requires evidence, what will evidence that evidence? - Swami Vivekananda



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