Monday, October 19, 2015

Top 10: Problems in Indian Legal System: Where reaching to grassroot level is the biggest problem: The only solution seems to be bringing back trust, at present

Top 10: Problems in Indian Legal System: Where Laws, and, The Best and The Most Comprehensive Constitution seem to be show-off, when it comes to implementation of RTE like acts and reaching to the grass root level: The only solution seems to be bringing back trust, at present, so that common man goes to court and make a complaint and he gets decision in definite time per budding Lawyers....
All Top 10, series, are all my original research papers that I've been trying to publish since 1994. WE NEED DIFFERENT MODEL for research and contribution to society at large. 
  1. RTE is there, even, an Indian gets a Noble Peace Prize for working for the children’s cause, but, you still see, child labour and work force, children begging on the streets, children going to schools but teachers and better infrastructure and facilities are not there in most of the government as well as private schools.
  2. Public sector jobs are not result oriented….is the image…worldwide…. Yesterday, one lady was asked to go door to door however she was sitting in the crowd and taking review of them on Dengue and situation at home…issue…Literally, she asked one family, “Sir, do you want it? It’s review on dengue…”….The man replied, “Means the compulsory thing is also optional in government jobs? Why the hell we work in private sector that removes people of no cause…..he extended further… seems….Similarly…MLA, MLC and even going further Prime Minster and President kinds of jobs are also not result oriented. Ex. In each constitution, a person gets elected, but, shows no results of improvement and Laws are handicap to handle such problems. Are they for show-off?....”. What a agony public is facing….now a days….no control over inflation…black marketers….where is law and order on these issues…Is India meant for betterment of government employees and near and dear people of people in power or a powerful places….?” Later he said, “Why don’t you go door to door?” …She said, “We in Government work smartly not handwork….we’re not here for donkey work, we’re here for smart work…”…That person took his family furiously…and vanished in the crowd at this answer….
  3. Labour Laws are there, but, child labour is still there. Still 93% workforces in unorganised labourers are deprived of their rights.
  4. Motor Vehicle Act and Laws are there, but, you can see millions breaking the rules on roads. They break the rules, though I always follow, and try to alert them, few children say, “If, police wants to arrest us, let them, we’re in hurry, we’ll break the traffic signal.” Then, I asked the child, “Don’t you have fear of dying or let other person die in case you hit him….at least?” The child said, “Fear? Who has fear for law Sir? In case, I break the signal and he catches once in a while, I just pay Rs. 100/- and carry on my life….”.
  5. The next what just 18 an years old child said, was reality of life, just 18 years old…. “Money can buy anything, Sir, even, I’ve heard the Judges can be bought and judgement can be bought in India, and we’ve that reach and links. (Pohoch- Hindi)". I asked him, "How do you know child all these things?" ….He just broke the signal and went past. Similar thing has happened, when we saw one truck scratched a car in front of the 5 polices in front of Balliwala Chowk. Same things were spoken from both sides and even Insurance was invoked and the car of that rich person was seen scratch free and shining after a week. The person with high riches and reaches, said, “Sir, you’re simpleton, such ‘chillar chije’ ( such minor to micro things) keep happening in life, these Police are just show-off forces, certain level where we've reach, these roadside police have no authority to deal such matters and power without authority is bird without wings…."
  6. Someone from USA, once said, “In USA 99% public do not corrupt and follow the law, but, we’re unsure what happens at top level. However, in India, it seems people like you must be only 1% others are either corrupt or might be compromising law at sometimes in life….”. I said, “No, in fact in India too 99.99% public follow the laws…”. However, what he spoke shows what kind of image India had in the year ....1992 A.D.
  7. Once I / We authored a paper, Laws for technology in India has a wake up call. Still, it has not woken up. There is no officially anti-hacking work force in India, there is no law for effluents being thrown in the big rivers secretly, or overtly or covertly…look at Yamuna river in Delhi, the best example of it. Thus, law can be managed at our own convenience….is reality in India. The rich are doing it everyday at large level and poor are doing it everyday at minor level. We who follow all rules and regulations look odd-one out of the crowd. Still, we’ll follow the Law of every country including India…otherwise…this world will look lawless.
  8. Go to some places in India, where there is a hill/ hale of Kachara  i.e. Hills of dung, dust, dirty things are piled up. Civic bodies are there are not nobody knows. What is the lawlessness ... there you come to know…whether government is there or not, no one knows….anarchy seems to be ruling such places…and there are million of such places in India, I can quote here if you watch the photos in the dailies that focus on such issues. It’s not about Kachara/ Dust only but, violation of human rights is also common in many places, but, what people say on this is also true. “Sir, with whom we’ll fight? With those billionaires, who can extend the dates of Advocate in the court with minor fees, who can buy the judges, who can arrange the supari killing, who can manage everything is there lives, with tons of money? It’s a waste of time for literate people or poor people like us….there is anarchy in our country when it comes to human rights and its violation…people also don’t have time to fight as 90% people are earning their bread only daily or on monthly basis….super rich businessmen are busy in piling more money…as they can manage time, resources, people and governments….Also, Sir, with due respect to good people, there are political parties who comes to power for 5 years….they do not work for 4 year but last year they show-off…even create laws like RTE or RTI but if they find that may hurt them they may and they can bend the laws I their favour, and if someone try to over smart them…they just get rid of that person, sends him out of the job or let him go out of country or politicize and malign the issue or kill the case by dumping it and / or killing it on Media by arising some other problem/s…and people have short memory due to lack of time and space and resources in their lives. We also have heard a person invoking RTI or who is alerting people have been killed…life is worthless Sir....
  9. Sir, politics have gone to nadir stage, everyone comes to power first siphon off tones of money, and diverts legal system in his favour…. for his/ her/ their benefit/s and the system favours the powerful people. Didn’t you heard, even CBI is caged and is puppet in the hands of political parties who govern? If CBI Director speaks it, it speaks a lot. Similarly, on chair Prime Minster, Rajiv Gandhi said, “85% policies and money do not reach to the common man, it’s reality of life even today…otherwise, farmers would not have committed suicides….political parties makes everything beneficial to them …and such issues are also not left…so we need to correct this system first…but…..people have so many faces that total system is compromised, now it’s impossible to get everything right in India, even if 10 Avatars of Vishnu comes at the same time on earth.”
  10. Thus, people have lost faith in the Legal system in India, whether it’s a consumer protection act, or citizenship rights or …. One of the lady was crying as her husband was in the jail for Rs. 9 or 10/- (i.e 0.06 USD) theft….since 10 years and they didn’t have money to pay to Advocate to fight the case…. She asked the media, “Jo log Karodo Khaa jaatey hai…oonko jail kyu nahi hoti?” i.e. "The people who corrupt and take away billions why they are not in the jail, and why her husband who stole and accepted he stole Rs. 10/= got the jail….. What kind of legal system we have…they want proofs that can be managed…they want…….draconian, devils, ..."..She used lot of such words...
  11. I can include and write more such different and distinct incidences…in many fields and lives of many people….lot of women are/ being harassed at home, but, they keep quite as she feels it’s a personal matter from the Bharatiya Sanskriti i.e. Indian Culture point of view, and who will help her?…......
  12. Public try to look at leaders for their trust but every leader has broken their trust….and it’s keeping on and on…and has no end it seems now, even in the legal system….which has gone beyond recovery, is what many poor people feel. They say, “Saab, Garibonko koun nyay dege? Is Dooniyame Garibon ko kabhi nahi milata nyay…” i.e. “Poor are always been deprived of their rights and judgement do not go to them unless it’s in focus of media. One case or 2 goes in their favor just to show off to society at large just to show that law still exists and the real judgement is still there. However, majority of cases goes against them, and simple persons like you, Sir, with due respect to you Sir..…." I laughed and said, "Yes, you're wright please go ahead." He continued, "Also, after media focus is gone on the case, does anyone asks what happened next?...Sir, yeh ganda khel hai kucch law wagira nahi hai”…i.e. In the name of Law, dirty games are played, and there is no Law in this world, better to avoid, Court-Kacheri and Police and legal system….” . One person said, "We look fool if we complaints about the obvious life and when we are more than one billion then this harakri, corruption of rich...depriving of rights, hegemonic behavior....high handedness keep happening...Even if someone fools me I don't tell to anyone as others might think I'm fool". However, he forgot to take responsibility of society by not exposing that blunder, and that crooked person is doing....Other person said, and spoke what is the reality of more than 500 million population of India and similar conditions world over. “Sir, Democracy ….Democracy ….is there said.... people keep saying….but, we’ve not seen democracy anywhere…our boss who takes us for the work shows his hegemony…if ladies are workforce they have to listen to their husbands….if child workers are there, they have to listen and act according to the caretaker or owner of the shop/ business…where is democracy for us? Sir, when one child was lifted out of home and was asked children to do lot of house work…we became helpless....tried to complain but…could not…. where is the law?….”…etc…..
Hence…..Words are inadequate to write this article…I’m worried about this world….really, once even …we literally cried, when, a child labourer/ worker said, “Is helping, our parents to earn daily bread a crime?” Where are rights of the children……Where are the rights of poor... Where are the rights of common citizen……Where are we heading? Towards Anarchy or Total Chaos or Human Extinction or Life Extinction on earth due to this negative behaviour of humans, as they throw bad chemicals on earth and depriving environmental laws and laws for their own benefits? …..
On lighter side there was a skit students played in the class:::::
One student came and said, “I’m here the most powerful person.”
Second student, slaps him front of crowd of 10 people and asks them, “Have seen anything happening here?”
All the 10 students say, “Sir, we’re not present here…one is in Delhi in the train…other….”
Everyone laughed at this and made mockery of law….I was deeply hurt, if this is what new generation feels about law in India….
Solution: I have faith in Law, Indian Democracy, and Legal System, Indian civilization and the strong culture, but, what common man at the grass root level feels, I've put it here because at the end of the day s/he suffers a lot and knows the true reality of life and true face of law as well. Building Trust, is the only way out it seems.......equal trust and faith among rich and poor, this and that, level or bottom level....on the Indian Law...
Thus, bringing back the trust in Law, its process and the complete legal system is the only solution for India and the world over legal system, otherwise, parallel systems could emerge and that could be very dangerous in future….as we observe the happenings around the world…in the failed states or anarchic states…..In fact, why so many illegal things goes on and on for longer time, and still why people do not complaint? Is it because they don't get timely decision.....hence, what budding lawyers say, "The Time bound decision and bringing back trust could only solve many problems in India".... is also true....
 This article is devoted to that child….who said, “Does helping parents in earning daily bread a crime?..... Rich people have money to spend for a costly liquor bottle, but giving us more daily wages...hence...after and before of my schools, I go to work and try to help my parents to earn bread by lifting and collecting polythene bags and plastic bottles and together we earn Rs. 200/day that too 5 of us in the family.”
She was goddess for me…who taught me lesson of life….who couldn’t see the plight of earning daily bread for her parents….she was sacrificing her childhood, education, playing time…for her own family at such a tender age of own child….in Dehradun…
God bless this world.
Aum. Amin. Amen.
 Dr. Ashish Manohar Urkude, Nagpur, India

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