If a choice had to be made to administer justice more effectively and increase public confidence, protect the rights of both the parties while rendering a just verdict which is duly enforced, mere alterations, superimpositions or enhancements (for better or worse) in legislation is not going to effect the practical inefficacy of the institutional frameworks that so ardently require reform. I would like to propose a permutation of the distinct categories of strict laws and better implementation to arrive at strict implementation of laws. Justice delayed is justice denied should be kept in mind and reforms introduced accordingly, to prevent frustration of justice and passing of liabilities and rights intergenerationally like heirlooms , as was characteristic of the feudal societies.
India has a Powerful judiciary with wellversed people in it which is improving day by day. We can say this by witnessing the recent judgments passed in last few months or few steps taken by Courts. We can say that Judiciary is playing its part in INDIA very well. But then despite having so many laws, amendments, bills etc there are still so many crimes happening in India. Justice GOPAL KRISHNA VYAS of Rajasthan High Court stated that “The country has adequate laws but the main issue arises in its implementation. Its not implemented in letter and spirit and many people seek legal recourse.
Punishment as a mode of implementation of law does not proved to be an effective way but to an extent it is a success. The other mode is to be prescribed by the government through some initiatives and programmes. For example, the government has passed Medical Termination of pregnancy Act, it contains the rules and regulations to access safe abortion care and defines when, where and by whom abortion can be performed. But, at the same time the government had taken steps for strict implementation by providing comprehensive safe abortion services at public health facilities, providing funds, regular monitoring of comprehensive abortion centre, counselling tips are also delivered. So, by these steps we can execute the Act.
It is a combination of strict laws and better implementation what we should seek. People should be scared enough to even think about such an act and that would only happen with strict punishment and better implementation. Trial for years kills the hope of victim and act as an escape for the accused. There is no appropriate compensation in any way to make good of what the victim has lost. With every passing trials and hearings and days passing days there is no good happening to her. The victim gets to live and eat in the prison as what their Human Rights and Prisoners’ Rights suggests. What about her Human Rights to get justice in an appropriate time span? Does Nirbhaya left in peace thinking of her accused living a life and she died a painful death. What about the girl’s underage who doesn’t even know what actually happened to them? What about little girls who dies before they could live? Who has already suffered so much keeping her in queue for justice isn’t it a punishment? Every passing day from the date of crime handicaps the justice of the victim.
Law making by the Parliament is only the first step into addressing gaps in our legal system or our constitution, but what they usually forget is, it is only half a battle won. It is the implementation of those laws that tests its effectiveness in addressing problems in the real world. Poor implementation of these laws will make even the greatest laws ineffective.
Parliament has 24 subject-specific committees which scrutinise laws. These committees also oversee the work of different ministries and departments. The rules of the Parliament should be updated so that instead of two committees, these 24 committees are empowered to review rules made by the ministries and authorized departments. Focus of 24 committees combined into overseeing specific, technical and sectoral matters related to various departments and ministries will bring the much-needed rigour to the scrutiny of rules by the Parliament.
The Rule of law symbolises the quest for civilised democratic society. It is said that there is a direct relationship between democracy and the rule of law. When Rule of law is not existing in a society, it “produces more violence, less security, and diminished economic capacity.” Rule of law is the foundation of good governance. To ensure the Rule of Law, various laws are enacted to maintain law and order in the state.
After the Nirbhaya incident, the laws covering the offences against women were made stricter. Criminal Law (Amendment) Act, 2013 broadened the definition of rape to cover more than just vaginal penetration. Stalking, voyeurism, acid attacks were also made punishable under the Act. The punishments were made more stringent. The age of consent was increased to 18 years, below which all penetrative sexual acts will now constitute statutory rape which means that even if the consent is obtained from the girl but her age is below 18 years then the consent won’t have any effect whatsoever. Hon’ble Supreme Court has held that just because any female has had intercourse quite a few times previously, it does not in any way affect her right to consent for that particular incident of when the rape is alleged. By a recent amendment, death penalty has also been introduced for the offence.