DailyPost 2022

The country has been pushed into a legal maze, in which everyone stuck up, not able to make out how much time will it take and what is the way out. It has happened in such a legally defined system of legislative, executive and the judiciary. We are not detailing how and what role these organisations play for the unnecessary legal maze not only exist but to keep improving it. What is a legal maze; the complexity of every type, in governance and the legal system, which can exhaust anybody, who has misfortune to land into it. Large part of this complexity is our creation and nobody has the capability to make it even slightly better navigable. From middle men to functionaries to lawyers help you to navigate, but for a price.

Before getting into unravelling this maze one point worth mentioning is that till recently, the bail orders could take a few days to reach the prison authorities. Time is the essence in everything and that too when it is a legal order freeing somebody from custody. The first interface with the government gives you a feeling of the legal tangle you are getting into. The services should have been made available with any effort, which one is authorised to. Executive is the biggest legal system in the country, judicial administration comes much later. What percentage of people are running around from pillar to post, to get their job done from the government; it might be a certificate or a medical benefit or a loan. You cannot do anything without lots of those mandatory documents which make or mar your life. The COVID-19 time death certificates is a case in point. There is nobody to sort out the issue.

Is it not an unnecessary legal tangle? The lack of knowledge of law, vested interest, lack of effort and unaccountability has brought us to a level, we are in today. Does due diligence not apply here? Is due diligence not taught within organizations? If you were to calculate the number of people facing music on this the count, it would be astronomical. Half of the legal tangle emanates because of the lack of due diligence in dealing with the issues and next quarter can be attributed to delays. Lack of timelines are endemic to our functioning and there seems to no end in sight. The attitude that aggravates the whole issue is that you can keep on going up and down the hierarchical ladder with no results.

Might be this seemingly unnecessary self-created legal maze is the power provider in the power structure at all levels, it becomes a manifestation of your importance and authority. The power to stall, harass, be selective and delay, seems to be the main attributes of this mechanism. What does due process of law mean when it is legally the most abused terminology. If you land somebody into an unnecessary legal maze, who should pay for it? There is a parallel undue process operating with disdain. Legal scrutiny of executive decisions needs to done on a regular basis, and correctional action taken, if we intend to stem this rot. This is the pre-judicial process story, if you land in judicial one, another unending story starts. Government is the biggest litigant, they want the country to match with them. This in itself is an antithesis of a welfare state.

Sanjay Sahay

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