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Saurabh..V (Law Consultant)     26 July 2011

Is there flaw in our basic law structure?

Since the Britishers sharted to rule India, they made sure that we Indians have to struggle everywhere. In this back-drop they made IPC, CrPC, CPC, Contract Act etc during their reign. They knew it that such biased laws would only give boost to their corrupt practices of police torture, govt. monopoly and also it would make citizens fight amongst each other.

 

Tdoay the laws exists in a form which do not bring harmony in the society but it gives two fighting persons deadly artillary to kill each other with the help of laws.

 

Is the reason behind making a law in any country is to bring harmony and peace in the society or it is to give liberty to citizens to implicate their rivals and misuse the law?

 

Can anyone mention a single provision of IPC, CrPC, CPC etc which cannot be misused? Is there a single provision which punishes the flase complainant as severely as the innocent accused would have been punished if the case was decided in flase complainant's favor?

 

//peace

/Saurabh..V



Learning

 9 Replies

zimmerzapper (student)     26 July 2011

yes there is. what a stupid question. i noticed you left out the bharat ratna act aka 'dv act'  why may i ask?

Saurabh..V (Law Consultant)     26 July 2011

Because DV Act in itself has been pivoted on Art.14 & Art.15(3) of Constitution of India which talks about equality but in the quest of equality the legislature has provided a weapon to take revenge.

 

But criteria remains same. Laws gives ample opportunity to wicked sick persons to misuse it and thrash their rivals legally. This has been the worst case scenario wherein citizens have been left to the mrecy of their fate. Police brutality, Govt. monopoly and biased laws continue to prevail and those who do not derserve to be given special privileges have been enjoying fruits.

 

Its unfortunate that people are happy to be called backward to get reserved (assured) seat in education and services....

 

Alas!!

 

//peace

/Saurabh..V

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     26 July 2011

"yes there is. what a stupid question. i noticed you left out the bharat ratna act aka 'dv act'  why may i ask?"

 

* What does this 'aka' mean?

--------xxxxxxxxx----------

From all what one sees, experiences, the law is TO, BY, FOR other countries through games, politics, common wealth, this and that and that and to the people who are contributing to the common pool that feeds, are honest, are zealous, are truly patriotic (not by birth, language etc).

zimmerzapper (student)     26 July 2011

4 p suresh

 

 

aka: also known as
 

Saurabh..V (Law Consultant)     27 July 2011

Law was made by britishers when they considered Indians as animals. Now when they have gone, it is the duty of the Govt. to make a law which treat us as humans.

 

Merely on a plain complaint police gets authorized to arrest the person and remand him/her to police custody is most in-human act any Govt. can ever do. Without going into the discussion or circumspection that if the arrest is at all required, how can any Govt. allow the humans to be pushed behind the bars liek animals.

 

//peace

/Saurabh..V

girish shringi (advocate)     02 August 2011

Repeat your point regularly in the forum to get more expert opinions.

Don't stop  the thread anyway.

Be sure our Laws are better than any other country where terrorist Kasab is also given full security and Kalmadi type corrupted people get hot coffee with the jailors,hence your comment of the Police arresting innocent people is one sided only see the another .....................eye opener.

How long will we live like slaves in this country....ask my seniors.They better suggest you and try to get punish criminal instead defending them.

Girish Shringi

(Advocate)

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     02 August 2011

From my experience, I feel we should have a strong multi tier mechanism to judge, act judicially.

 

Well, let the police act the way they have to,  offices do what they have to etc. Say there is a complaint, let them take the first step to prevent further deterioration etc.

 

But then, that should immediately be known to the whole community through open media like the forum on which we are now in. The matter should be debated in and out. The forum should hold a trial on accepted, practical norms. Collective wisdom should prevail. Some prominent/acknowledged people should be authorised to give their judgements. This would be the first tier of judgment. This has to be binding on all subjects, authorities, courts etc. In this mode, the first tier judgment is just an intermediary. This will involve steps that are thread bare. It will ensure that one does not get victimised. It will provide relief against minimal guarantees. But, it is not final. Relief will be subjected to relevant conditions like sureties, bonds etc etc as are applicable to specific cases. But, then it will ensure that reliefs/justice trickles down to grass root. In a country of all sorts of diversities, lot of things will surface. All of them can be tackled through mechanisms of this sort.

 

These first tier judgements will help immediate solution. Courts etc could take care of rest of litigation.

 

Will this not help for most of what has been discussed so far: DV, IPC/CPC being invoked to/save from roughing up the opponent etc?

 

Internet based forum somehow seems to be the most apt solution for all these.

Saurabh..V (Law Consultant)     03 August 2011

@P.Suresh

 

Your views are little complicated to solve into simpler terms.

 

Yet, the crux delves into modification of the existing system which allows judiciary to spend its precious time in solving genuine cases and give quality time to that.

 

However, additionally the Govt. move for setting a time frame of 3yr seems to be another eyes wash to me. There is already an upper limit to file chargesheet for police within 60days and 90days in respective cases under IPC etc., But unfortunately, they have been vested with such powers and in the reign of magistracy they easily slip away with the blame of delayed reports.

 

Attitude of the functioning authority is to be corrected. Best example to explain this:: Delhi Transport Corporation. First Delhi Govt. phased out private carriers from Delhi so that the killer blue line buses could be prevented from their deadly ride. However, the Govt. failed to understand that it's not the bus but it's driver who kills. Now same blue line bus drivers are driving DTC buses and the killing spree continues.

 

The need of the time says that we bring change in the thinking of the authorities.

 

What purpose does S.3(x) of Prevention of Atrocities Act serves? NOTHING but injustice to the innocent accuseds. What is the need of arrest in such cases? It all about votes and weird people feel joyful when such laws are enacted!

 

//peace

/Saurabh..V

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     03 August 2011

Harrassment, loss of face is the issue that is being addressed. The post in this thread does not touch upon any law.

Without going into law, what is suggested is something that could be described as 'Web based mediation forum'. This forum will have accreditation from police, judiciary etc. It would predominantly run on voluntary, social service mode. It could have its presence all across the nation with accredited members from all across the nation. Thus, it will be well interlinked and will be able to handle several issues across the nation. But, this will not be judiciary or police etc. This sort of a mediation will bring about the much needed relief, rather a breather at a crucuial juncture. But, that is not everything. Law will do the rest.


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