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.
Tuesday, December 16, 2008
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