soot of laws; depression

Suhas Palashikar (Political Science, Environmental Science, Economics, Justice)

Eighty-four-year-old Stan Swamy, who was ailing, was himself on the verge of death. But the way he died and the question of ‘why worry about it’ shows that we are surrounded by vengeance and meanness.

Exactly a week earlier, on 30 June, the Chief Justice of India said, “… any law must be limited to certain ideals or principles.” Exactly five days later, an elderly ‘accused’ suffering from Parkinson’s disease died in prison after being indiscriminately and strictly enforced by strict laws. If he dies in custody, there is no chance that the judiciary, which is tormented by sattvik anger, will investigate the matter.

If the Chief Justice’s speech is not for a formal sermon, the speech and the case will not be heard and Delhi riots accused Stan Swamy or Parvach Kasabsa, who died in captivity, or Delhi riots accused, will be granted bail. Karma stories should be brought together.

Of course, by the time this article is published, this topic will be left behind. Till then everyone would love to talk about how your app is being appreciated; Or else the eagerness with which the European team will win football has become breaking news, otherwise it will be confirmed that the country’s economic growth will pick up in the coming quarters.

If the law, instead of shedding light on the public interest, is used to crush or eliminate political opponents, then all that is left is the soot of the law. The case of Stan Swamy is an example of that soot. If we forget how each subsequent regime can tempt someone without trial for terror, the legal mystery of how rulers can rise to the lives of citizens because of their ideological role, its meaning is incomprehensible. . .

Even if we can see the two central aspects of this story within the confines of one article, it will only add to our public conscience.

jurisprudence

One aspect of this relates to the fact that the deceased accused was a Naxalite, as many political activists and ideologues are currently in jail on the same charges in relation to the Bhima-Koregaon case and none of them are fully charged and many are sick or sick Being a Naxalite is a very broad category and it is not a crime to accept any such idea. Direct involvement in violence or aiding and abetting violence is an offense that needs to be proved.

But the mentality of our people becomes cruel justice of the mob; That’s why we treat all suspects as criminals, and we create a rude feeling that they should not get good treatment, health facilities etc. So the investigating agency showed courage not to allow Swamy to bring a straw for drinking water and also tried not to keep him in the private hospital. So what is the surprise if after his death the vulgar sentiment of ‘why mourn the death of Naxalites’ was expressed?

The second part of the issue is to treat Naxalism as just criminal terrorism. There is disagreement among many (including the author) about Naxalism’s goal of overthrowing the state and how irresponsible violence is used. But there must be a distinction between ‘organised crime’ and acts of politically motivated violence, and measures should be taken accordingly. However, since the 1980s, the distinction between organized gangs and those who use violence in political battles has been abandoned by their rulers, who have allowed themselves to be plagued by the law.

law and knowledge

This is where we come to the other side of the question. This relates to the issue of law mentioned earlier. What is law? The law that the ‘state’ makes through the government or the people’s representatives. Following them is not only a legal but also a moral obligation. Behind this is the role of public knowledge (conscience, common sense, omniscience and prudence) through the state. But it turned out to be a theoretical myth. In fact, as the Chief Justice said, the citizens should consider the morality of the law and the ‘rulers’ should be civilized, cultured and ready to self-regulate. This is not always the case, so the main responsibility of civilization lies on us – society. In a civilized society, there is less fear of uncivilized rulers and at least some principles can be followed while making laws.

Laws say restrictions come. So what to do with those who break such restrictions? We also treat foreign soldiers who invade our country with respect; Kasab, a ‘terrorist’ in the Mumbai attacks, is punished only when he is given a lawyer and tried at public expense. This means that a person who breaks the ban, even if he is not a citizen, is not allowed to be beaten up by a mob. Because even if others decide to give up citizenship, we follow the principle that the state and government do not want to give up civilization. Are we in the habit of abandoning this civilization?

crazy about strict laws

The first step in becoming rigid is to do so without respecting the basic principles of the law. It is said that more ‘strict’ laws exist to deal with ‘serious offences’ and in fact such laws are used cautiously and very rarely. These nefarious practices turn into political rhetoric and the use of strict laws to show that the government begins to be strict, determined and patriotic. The UAPA involved in the present question is that all these mistakes were made in implementing the ‘Prevention of Unlawful Acts Act’ – misrepresenting crime and extreme political differences, misrepresenting the fundamentals of constitutional rights and The right to regulate, constitutional citizenship was wrapped up. with understanding.

petty circle

Once the civility of laws has been reduced to a statutory and policy level, how much practical civility can be expected from law enforcement agencies and royal officials instead of the king? What will happen to a civilized society when politics revolves around the evil tinge of vulgarity hidden in all of us rather than public conscience? The Chief Justice, from a coalition of power-hungry officials, of foolish clergy and forces seeking to wipe out the opposition, said precisely that public decency is in the national interest: “(The law) can also be used of an operation.” Justification. Can also be used to support repression)

The implication of this mystery is that the Constitution is dying from bad laws and poor enforcement, but the truth is that our public decency and what we lose is public conscience.

The author is a retired Professor of Political Science, Pune. He is currently the editor-in-chief of the journal Studies in Indian Politics. suhaspalshikar@gmail.com

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First published on July 7, 2021 at 2:31 am

web title: Bhima Koregaon case judicial murder of father Stan Swamy zws 70




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