Tuesday, December 16, 2008

lawyer's foremost and primary duty

If Economy is the backbone of a nation then law is the backbone of a civil society. India as a country follows a system of parliamentary democracy with independent army, judiciary and media. Indian Democracy has rule of law as its cornerstone and every endeavour should be made by powers that be and judiciary to uphold rule of law under any and every circumstances. there have been instances of breakdown of constitutional machinery in the states where in president's rule has been imposed, inter regional disputes like cauvery water dispute have posed a threat to national integration, linguistic chauvinism have created social unrest, seccessoinism has led to furore and pandemonium of an unbearable and uncontrollable extent.

Rule of law can only exist unaffected and unruffled when citizens have regard for law of the land and the powers that be pays heed to their valid and legitimate grievances. the need of the hour is corrective, distributive justice and justice for all appeasement of none.communalism and casteism has led to bloodshed and marginalisation of certain communities especially the cultural minorities.


The legal fraternity which is perceived as people who are basically liars, manipulators and collaborators of crime. The media and movies have projected lawyers in poor light owing to prejudices and stereotypes. the fact of the matter is lawyers were instrumental in procuring freedom for India, lawyers were the ones who opposed emergency by Indira Gandhi tooth and nail, it were lawyers like M.C Mehta who brought to the notice of Supreme court the plight of Bhopal Gas tragedy victims, lawyers were the ones who challenged the caste based reservation and got the creamy layer among the OBC excluded from it and lawyers have to provided legal access and representation to anyone who approaches them regardless of their personal opinion of his/her guilt or the case gets them unpopularity or causes any kind of social or political damage. A lawyer who doesn't defend a person because people think he is guilty is himself guilty of professional misconduct. A lawyer who doesn't fight for the liberties of others has no right to wear robes and gowns. hence an accused irrespective of the offence he is alleged of has a right of access to lawyer if he can't find a lawyer its incumbent upon the government to provide him one otherwise he can't be acquitted or convicted as per the tenets of accusatorial system which we have adopted.

Sunday, December 7, 2008

politics is not just the last resort but only option!

india is bleeding thanks to terrorist attacks or bomb blasts or communal flare ups. we as citizens can't take it anymore so we hold protests, rallies and use internet as a medium to vent out our frustration. politicians as usual shall play to the gallery, indulge in mudslinging and wash dirty linen in public. there are a section of indian population that is indifferent to such state of affairs and opine life must go on and its pointless addressing these issues as such issues have no solution and they are callous as far as finding solution for these issues are concerned.

our media has done a yeoman's service by bring to light the dereliction of duty and abdication of responsibility by the political establishment. the judicial system has expressed concern regarding lack of anti terror law and laxities by the investigative agencies and intelligence.there is break down of law and order in some states owing to regionalism, linguism and attack on minorities. India being a welfare state its the bounden duty of the government to provide security which is a fundamental right.

India has the highest number of non governmental organisations in the world yet they are not successful in their endeavour to tackle issues they espouse. its high time the educated elite and middle class folks take a plunge in active politics to cleanse the system and to revamp the political apparatus. if a citizen makes politics his mission to bring about reform in the state of affairs it can be of enormous benefit to his compatriots. if the semi literate can make such an impact in electoral politics for an educated man it must not be a herculean task. pessimism about the system as a whole and cynicism as far as members of a political party goes should not become an impediment from entering public life as there are black sheeps in every profession.citizens must not get sceptical about politics while considering activism, pressure grouping, lobbying and NGO as options and methods of bringing about a change.

Tuesday, November 4, 2008

critcism when compared with defamation

criticism is necessary in order for people to do some soul searching and mend ways in any sphere of activity or walk of life.however criticism should not be for the sake of criticism but based on reasoning and rationalism also with a sense of conscientiousness. film critics these days effortlessly cast aspersions on creative works and works of fiction without having discerned the finer niceties of someone's brainchild. common man who is disgruntled with the political apparatus keeps grumbling and criticising out of sheer cynicism relating to politicians and pessimism of the entire polity.people who are candidly and unrestrainedly critical who speak their mind fearlessly without fear or favour get dubbed as rebels and troublemakers as its preferable to have a conformist than a defiant individual who upsets the apple cart of status quo.


defamation is a punishable offence as per penal laws in india and also a civil offence as per the doctrine of common law. the law of defamation has quite a number of exceptions as it is closely connected with freedom of speech and expression which ought to be safeguarded and upheld it being a fundamental right.the prerequisite for proving defamation is damage to reputation which lowers one's esteem in the eyes of right thinking members of society.journalists are not easily hauled up for defamation as they claim just and bonafide criticism and public interest as their arsenal to combat defamatory suits. defamation entails private prosecution and subjective satisfiation of the judge is an important necessity to prove defamation beyond reasonable doubt.

criticism is a necessary evil as it gives some food for thought to alter somehing for the better but defamation is a forbidden pursuit as it devastates character which is a man's inviolable right.

Thursday, June 19, 2008

is capital punishment still needed?

every crime has a corresponding penalty, graver the crime it would attract greater degree of punishment.as per the deterrent theory of punishment death penalty would instil fear in the minds of potential wrongdoers and miscreants. In primitive times administration of justice was based on 'eye' for an 'eye' rule and retribution was the paramount objective of punishment.culprits were executed and pilloried in public.


over a period of time as civilisation evolved, more humane approach to punishment was adopted and 'reformative' approach was gaining momentum.reformative theory of punishment accentuates a need for correction and reform and postulates transforming a transgressor of law than condemning him permanently.


the argument that capital punishment is inhumane in a civil society doesn't hold water as crimes of horrific nature deserve equally harsh punishment and all humans are not amenable to reform some criminals are hardended and incorrigible they need to be executed as they can be cancerous. However there can be judicial errors in sentencing a person to death which can be irreparable and irreversible so it must be done with due diligence.