Crisis with the Rule of Law- Curb the disillusionment with the traditional rule of law

Source: The post crisis with the Rule of Law has been created, based on the article “Curb the disillusionment with the traditional rule of law” published in “The Hindu” on 9th January 2024.

UPSC Syllabus Topic: GS paper2-polity-Indian Constitution

News: The article discusses how India is updating its laws and law enforcement methods. It raises concerns about new, quicker methods like bulldozers and encounters, which might bypass fair legal processes. It emphasizes the importance of following traditional legal procedures to ensure justice and fairness.

What is the importance of Law in Society?

Establishes Social Order: Laws like the Constitution of India set clear boundaries between right and wrong, maintaining order and stability.

Ensures Fairness: Laws uphold principles of justice and equality. Gandhi’s non-violent opposition to the salt tax under British rule exemplifies fighting against unfair laws.

Facilitates Modern Governance: Updating outdated laws, as seen in the Jan Vishwas Act, ensures that legislation keeps pace with modern societal needs and challenges.

Protects Rights and Freedoms: Laws safeguard individual rights and freedoms, ensuring that every citizen is treated fairly under the rule of law.

What changes are happening in Indian Laws?

Modernizing outdated laws: Laws like the Bharatiya Nyaya Sanhita are introduced to replace old colonial laws, aligning with modern legal thinking. The Jan Vishwas Act updated 42 old laws, including the Indian Post Office Act and Railways Act, to make them more relevant to current times.

Reducing imprisonment for minor offenses: This Act aims to ease the business environment by reducing the legal burden and fear of imprisonment for small offenses.

What is the crisis with the Rule of Law?

Credibility crisis: The rule of law in India is facing a crisis of credibility, where its integrity is being questioned.

Altered law perception: There’s a shift in seeing law as a mere ‘power resource’ rather than a system of justice, affecting its fair application.

New law enforcement methods: The use of bulldozers and encounters for policing, replacing traditional investigation methods, raises concerns about bypassing due process.

Examples of misuse: Instances civilian deaths in Kashmir under security forces highlight the dangers of these new methods.

What are the concerns related to these changes?

Bypassing fair legal processes: New methods like bulldozers and encounters skip traditional legal procedures, risking unjust outcomes.

Targeting the innocent: Quick justice methods can mistakenly target innocent people, as seen in wrongful actions in Kashmir.

Abuse of power: These shortcuts allow for potential abuse at the ground level, as highlighted in the shooting incident in France.

Loss of accountability: Without adequate debate and democratic checks, these methods lack transparency and accountability.

Risk of majoritarian misuse: These changes could lead to law enforcement based on majority opinion, not on impartial justice, affecting minority rights and fair treatment.

What should be done?

1. Ensuring fairness requires sticking to established legal procedures rather than quick, forceful methods.
2. Replace encounters and bulldozer demolitions with proper investigations involving evidence gathering and due process.
3. Continue updating laws, like through the Jan Vishwas Act, to keep them relevant and fair.
4. Focus on law enforcement that adheres to principles of legality, necessity, and non-discrimination.
5. Increase public awareness of legal rights and processes to foster a society that respects the rule of law.

Question for practice:

Examine the concerns regarding India’s updated law enforcement methods, particularly those related to fairness and justice in the legal system.