If you had the power to change one law, what would it be and why?
The text highlights the critical role of laws in regulating society. It discusses maintaining order by citing historical incidents of crime. It also references terrorism, central to understanding crime law and government. Notably, it includes the 2008 Mumbai attacks. It reviews India’s constitutional framework, highlighting the law-making process involving the Parliament, and the importance of public mandate in governance. Additionally, the text mentions recent legal reforms, like the introduction of new laws replacing outdated ones to handle modern challenges. Ultimately, it emphasizes that while current laws serve their purpose, future changes may be necessary as society evolves.
Table of contents
Key Takeaways
- The article discusses the significance of crime law and government in maintaining societal order. It cites notable incidents like the 2008 Mumbai attacks.
- It highlights India’s constitutional framework, emphasizing the law-making process and recent legal reforms to tackle modern challenges.
- The text defines crime, explains the evolution of law, and underscores the necessity of codified rules for public order.
- Additionally, it illustrates how laws show the people’s mandate and the role of Parliament in governance.
- Finally, the article stresses the importance of revising outdated laws in response to new societal challenges, such as cybercrime.
That evening
It was a normal day. Denizens were busy, and city roads were bustling with traffic. The sun had gone down on the horizon, and the darkness had replaced crepuscule. At about 20:00 IST, suddenly, sounds of serial gunshots rang out in the atmosphere. There was mayhem, chaos and gore. Before anyone realised, serial attacks had rocked the economic capital of India, Mumbai.
(1)terror attack
It was 26/11 of 2008 when terrorists shook India and the world with their heinous blood baths. The serial bombing and shooting lasted for four days. One terrorist was arrested alive and identified as Ajmal Kasab, a Pakistani national. After being found guilty at trial, he was sentenced to death for a particularly heinous act of terrorism that involved mass killings.(Britannica)
(2) Heinous crimes
The Joshi-Abhyankar serial murder case of Pune (1976-77) still sends a chill down the spine of an individual. Serial killers Jakkal, Jagtap, Sutar and Shah, sent to the gallows. The abduction and murder of two innocent children, Geeta and Sanjay Chopra, in 1978, remains vivid in people’s memories. Two notorious criminals, Ranga and Billa, committed the crime.
Iron hands
Acts of gore, economic offences, and crimes against humanity are heinous and notorious. Acts of terrorism, sedition, and subversion also fall under this category. These are crimes against humanity and the country. Crimes tackled with the iron hands of law and government. Let us delve deep into it and find out about crime and the necessity to tackle it sternly.
(1) Crime
Crime is an act or omission that violates a law. The illegal act that harms society and individuals. Crime is defined and categorised in the newly enacted Bhartiya Nyaya Samhita (BNS). An offence is the act of harming an individual, society or the country. Personal liberty is a birthright, but it ends where others’ rights start. There is a clear demarcation between liberty and trespassing.
(2) Law evolved
During human evolution, the human race became settlers from wanderers. The settled life led to the formation of coordinated social life. To bring harmony among the varied nature and behaviour of human beings, dos and don’ts were necessary. They evolved a system explaining dos and don’ts. It included the provision of punishments for delinquency. This authority was vested in the government. It was the initial system of tackling crime, law and punishment by the government. Departments created to keep a hawk-eye on the deeds of people or groups of people. Their purpose of the department was to monitor crime and subversive actions of a group or groups of quislings. Any act is unlawful which harms or damages the country, society, a person, or persons. This includes financial, emotional, or physical harm.
(3) Rules are necessary
Rules are an essential part of society. They aim to regulate the actions of individuals. This regulation helps society run smoothly. A biker can drive his motorcycle as he chooses. Yet, he must not harm any other people using the road. Rules made by consensus of the public. Evidently, laws have the people’s consent and are made by the government to curb crime.
(4) Codified rules
The codified rules are the law, which also provides adequate punishment for an offence or illegal acts. After independence, India adopted the Constitution in 1950. “We the People of India” accepted a system of governance. This system is embodied in the most comprehensive document, the Constitution of India.
The Constitution
The Constitution is the source of power. It’s like the root of a tree. The root keeps the tree firmly under the ground. It provides nourishment and a firm base. Various Acts are like the stem, and rules and regulations are its branches.
(1) Acts and rules
The Constitutional provisions are like permission. Purpose and process of execution are laid down in the relevant Acts. The Act provides the authority to formulate rules governing the system’s operation. Every rule made by an authority has Constitutional support. Every order passed using the power of the law or rule also has Constitutional backing.
Rule making
The purpose of the narration is to give a brief summary to readers. It explains the law-making process by the government to curb crime. It underscores the fact that the law reflects the aspirations of people. The Parliament is the unchallenged supreme Law-making authority. The Supreme Court can scrutinise a law passed by Parliament. This occurs only if the law is Constitutional or unconstitutional.
(1) Parliamentary form of Governance
India has a Parliamentary form of Governance. The Constitution has a President, Legislature, Executive and Judiciary. It is a system of electoral politics. The legislature is bicameral, having upper and lower houses of parliament. While the upper house is the Rajya Sabha, the lower house is the Lok Sabha. People choose their representatives for the Lok Sabha by adult franchise. The political party gaining a simple majority forms the government. This majority is half the number of seats in the Lok Sabha plus one. The government shows people’s representation. The actions of the government have the backing of the people’s mandate.
(2) Legislature and Judiciary
The supremacy of the Legislature and Judiciary has often surfaced. Parliament has the absolute power to make laws. In the form of a democratic setup, it is important and can’t be challenged. The Courts have the authority to judge it on their merit. The executive has the power to implement the provisions in letter and spirit. It is the separation of powers.
(2.1) Abolishing Privy Purse
The year 1971 was a landmark. The government of India abolished the Privy Purse on the pretext of a heavy burden on the government exchequer. Privy Purse was an annual sum of money paid to the rulers of former princely states. These states had merged with the Indian Union after the nation gained independence.
(2.2) Constitutional amendment
The erstwhile rulers approached the Supreme Court of India. They opposed the government’s decision. They argued that the property was their fundamental right guaranteed under the Constitution of India. Upholding their plea, the Supreme Court rejected the government’s decision. The Privy Purse was ultimately abolished through a constitutional amendment. The 26th Constitution Amendment in 1971 paved the way to abolish the Privy Purse.
(2.3) Shah Bano case
A situation arose when, in 1985, the Shah Bano case (Mohd. Ahmad Khan vs Shah Bano Begum) came up for a hearing in the Supreme Court of India. The apex court delivered its judgment favouring Shah Bano Begum. The government yielded under the pressure of a section of society. It enacted the Muslim Women (Protection of Rights on Divorce) Act, 1985. This act nullified the Court’s judgment.
(3) Purpose of a bill
The elected government is duty-bound to take care of the public, its welfare and development. To carry out various welfare works government rolls out plans. The program implementation needs money. The government collects money with the authority granted by legislation backed by public mandate. Those who are not in favour of any Bill or part of it register their dissent and propose an amendment. Members can accept or dissent on a proposed amendment. It can be accepted or rejected by a majority of votes after discussion and voting. Every member of the Parliament has the right to take part in the debate, discussion, and voting.
(4) Discussion and voting
The bills are first tabled in the Lok Sabha for consideration. The Lok Sabha Speaker calls for voting on the bill after the debate and discussion are over. The upper house (Rajya Sabha) discusses and votes on the bill after it passes in the lower house. The bill, after passage from both houses, needs the approval of the President of India to become an Act.
People’s mandate
In a democratic system, the will of the people is paramount. A government policy can be changed if it is not in the best interest of the people. Citizens have the power to vote the government out of office after a five-year term. The influence of voting is significant and must not be underestimated.
Review and revision
Laws are made for effective governance and to serve the broader interests of society and its people. Nevertheless, some legislations need revision and replacement with newer laws. Recently, new sets of rules and laws have replaced the older ones. The government has scrapped about 1,550 old and obsolete Acts.
(1) Old laws replaced by new
The latest in the row is the scrapping of the old IPC, Cr.PC and the Evidence Act. The old laws replaced by the new Bhartiya Nyaya Samhita (BNS) and the Bhartiya Nagrik Suraksha Samhita (BNSS). Additionally, the Bhartiya Sakshya Adhiniam (BSA) was also introduced. These sets of rules and codes are implemented to address the rapidly changing scenario. They address increasing cybercrimes and crimes against women.
Conclusion
As human society grows, new challenges emerge. With the increasing use of computers, new complications arise in the form of cybercrime. The changing scenario demands new laws that suit new challenges. Change is eternal and intrinsic. The changed law effectively combats the dread of modern crimes. The well-thought-out legislation passed and enacted after thorough deliberations is working properly. Time is the best judge. Rules and laws are for the smooth functioning of society and safeguarding citizens’ rights, privileges and duties.
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