LAW AND IT’S LEGAL CONSEQUENCES
(Present Requirements of Indian
Diversity)
“Justice
Delayed means Justice Denied and Justice Hurried is Justice Buried”
In any civilized country the
word “LAW” has its significant meaning but when the question comes to conclude
the Indian Judiciary the debatable questions always arise. My fellow Indians abuse
the law of our nation and sometimes they prefer to stay away from this country
and they look forward for foreign opportunities. Like other citizens of different
countries of the world, I also a great admirer of my nation but it doesn’t mean
that I like to hide my country’s flaws or to flatter my country without having
any glories and achievements.
In my present writing I would like to
conclude some eminent cases which has strengthen the route of Indian Judiciary
in the core of this country and some cases which are/were the total miscarriage
of justice. However it is not true that the miscarriage of justice was
supported by all the learned Hon’ble Judges but sometimes justice was denied to
common people by or due to absence/lack of majority. As we know majority plays
an important role in a democratic country but sometimes it turns to bane and
this is the current situation in the era of Legal Systen.
ADM. Jabalpur V/s. Shivkant Shukla familiarly
known as the Habeas Cor-Pus case is one of the aspersion on the face of Indian
Judiciary. This was not only the abuse of Democracy but also a rape of Indian
Constitution. However it is not wrong to say that Judiciary played it’s
effective role & wiped out “The Emergency Blot of 1975” today also we curse
the Indian Laws but unfortunately to say the custodian of a constitution was
never appreciated by the public for their effective pace.
The lonely “Article 44” of Indian Constitution
is lying on a bed of Parliament which is famously known as the “Uniform Civil
Code (UCC)” which was accepted/added by the father of Indian Constitution by
keeping the future demand of Indian citizens but unfortunately to say it is
still lying and has became a sleeping beauty and waiting for a prince charming
to come and have a glance (kiss) to the Art. 44 of Indian Constitution which is
still waiting to make UCC for all Indian citizens
Long years ago a wakeup call was given
to the Indian parliament by many eminent Judges & Justice Chdrachud
reminded parliament several times to legislate laws related to UCC or form UCC
in a country but it was ignored by the parliament and it remain unattended. However
the draft was prepared at the time of Rajiv Gandhi Government and the tension,
agitation and protest by the different different communities of Indian Society
showed its anger towards UCC which was the communal war in India and proved
that the religious hatred is in the blood of Indian Society, no legislation can
eradicate such envy from India. And the draft remains incomplete and after the
lapse of parliament sessions draft was just a mockery of Art. 44 of Indian Constitution.
For such failure I will not blame
Judiciary, Executive or legislative authority, I will blame public in General
who are not ready to give up their own personal laws which sometimes compel
judiciary to do injustice with the thousands of people who still prefer their personal
laws which morally and ethically wrong and biased.
It is a wakeup call to all my fellow
citizens “please realize your Rights, perform your Duties and demand for your
Laws as per the requirements of present society. Indeed Indian society is
unique but sometimes unity of nation is the first priority over all personal
needs.
Good post...UCC may really not be implemented as you logically point out...hope Indians some day will really stand united as a nation & willingly be governed by common law..dat will be victory of democracy....
ReplyDeleteYes, Ms. Amrita Sabat, unity in Indian Diversity is the present need of Indian Society, Political Party or other Governmental authority take advantage of different diversity of India. I hope so some day "feeling of Indian" will be most effective than "Maharshtrian", "South Indian", "Dalits", "North Indians", "Gujratis, Marwaris", "Indian Christians", "Muslims" etc etc.. Thank you for Giving your precious time to read my post. you are always welcome to suggest or any improvements relating to my articles.
ReplyDeleteRegards,
Monica Mishra