MISUSE OF LAW!
The misuse of law by somebody getting falsely implicated, recurring delays, soft handling, unending undertrial periods, faulty investigation etc might not be even the tip of iceberg, if we can imagine the totality of the legal regime. What is our visualisation of a legal regime? Or do you believe in the current situation imposed on us – that is the totality of the statutes dumped on us is the legal regime. Does legal regime not mean that between the interplay of statutes, implementation, enforcement and adjudication, all critical civil, criminal, corporate etc aberrations / offences are brought to book and taken to its logical end. Predictability of getting caught, punishment and judicial pronouncement should should be the order of the day.
Procedural misuse is just one part of the story. Might be the one that can be set right with system and God willing. Let’s get into the issues where it starts. Do we have all the laws which we need? That law does not mean the heading of the legislation; its the nitty gritty of the sections, its ingredients, the process, and the timelines. Does it take care of the totality of the issue being addressed in the best possible legal manner? It should be based on the best possible knowledge and expertise in those areas. It should not have any bias. Most of laws in their retrospective analysis have been found to be faulty and we have to live with it. What a tragedy of our existence and that too of our own making, when everything here is under our control.
How do we address newer areas of legislation and is their any timeline to address it? The lack of facing issues of immersive digital existence has made the society broken into smithereens. You can see it all around; personal life to national security. Lack of law is the ultimate misuse of law. Are laws to be made at somebody’s whims and fancies or even of the law makers. In a harsh analogy it could mean that we could have pushed the writing of the constitution by 20-25 years. That was the creation of a Republic, it had to happen that way, this is the running of a robust comprehensive legal republic, the issues deserve the same speed in enactments. The template of the Republic has to be populated by the right laws to deliver to its people.
Think of the laws which have known flaws, changing times and new issues warrant amendments. Is there any timeline for review of laws. The 21 year old IT Act should have gone through at least half a dozen amendments. Enactment / amendment is also treated as a largesse, a favour. How many our laws have all the subsidiary legal and executive documentation, processes and approvals in place? Lame duck even after enactment. Then the enforcement mechanism, it falls back on the same executive mechanism, generally no increase or improvement in manpower, processes & expertise. The judicial machinery also has to manage with the available resources broadly. No research has ever been done regarding the connect between quantum of laws and the enforcement, investigative and adjudication workload and how to meet it.
LAW IS MADE A MAZE BOTH BY ITS CREATION AND ITS ABSENCE.