• UGI USER
  • Jan 09, 2024
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CURB THE DISILLUSIONMENT WITH THE TRADITIONAL RULE OF LAW

Relevance:

GS 2

  • Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Why in News:

Recently President gave assent to The Jan Vishwas (Amendment of Provision) Act, 2023

Source- OSCE

The rule of law has long been considered a cornerstone of any democratic society, built upon the faith in the inherent goodness and desirability of the norms that define right from wrong. Throughout history, leaders like Mahatma Gandhi have emphasized the importance of respecting duly enacted laws while also advocating for citizens’ moral duty to oppose unjust laws through democratic means.

Disillusionments with the Traditional Rule of Law

Contemporary rule of law faces a credibility crisis, with disillusionment taking two main forms:

  1. Outdated or flawed laws that no longer serve society effectively.
  2. An altered perception of law, treating it as a flexible “power resource” adaptable to social needs.

Decriminalization: Smart Governance in Action

Government addresses issues of outdated laws through amendments and updates.

  • The Jan Vishwas (Amendment of Provision) Act, 2023, amended 42 central Acts, including the Indian Post Office Act, Railways Act, and Cinematograph Act.
  • The Jan Vishwas Act aimed to reduce the compliance burden, promote business activities, and rationalize penalties for minor offenses.
  • In the second phase, colonial-era laws like the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act were replaced with modern equivalents to eliminate outdated elements and colonial legacies.

Restoring Credibility:

  • Focus on reality, not just norms: Addressing perceptions and experiences of citizens, victims, and law enforcers.
  • Respect for due process: Upholding legal procedures as pillars of justice, avoiding shortcuts and upholding accountability.
  • Independent scrutiny and oversight: Ensuring impartial investigations and punishment for violators, including security forces.
  • Public debate and education: Fostering informed discussions on rule of law, its importance, and potential abuses.

Evolution of Policing Methods and Consequences

  • Policing methods have evolved, emphasizing encounters and bulldozer tactics over traditional investigative procedures.
  • These shortcuts gain popularity but lack adequate debate and democratic checks.
  • Two case studies illustrate potential abuses:
    1. Shooting of an Algerian car mechanic in France led to violence, sparking debates about legality and accountability.
    2. Custodial torture and civilian deaths in response to an ambush in Poonch district raised concerns about security force misconduct.

The Way Forward: Balancing Tradition and Innovation

  • Traditional rule of law relies on uniformity, predictability, due process, and normative fidelity leading to verdicts and punishment.
  • Modern “shortcut” or “abridged” rule of law seeks quick, reactive justice, often based on majoritarian directives or cryptic information.
  • Abridged rule of law, while expedient, introduces uncertainty into justice delivery.
  • Preserving the foundations of the traditional rule of law is crucial while being aware of the risks associated with shortcut justice.

In conclusion, preserving trust in the traditional rule of law is essential, while addressing contemporary challenges through smart governance and meaningful reforms. Balancing the need for expediency with due process and accountability remains paramount to maintain the integrity of our legal systems.

Jan Vishwas (Amendment of Provisions) Bill, 2023 Overview

·    Aims to amend 183 provisions across 42 Central Acts administered by 19 Ministries/Departments.

·    Encompasses various domains, including environment, agriculture, media, industry, trade, IT, copyright, motor vehicles, cinematography, and food safety.

Main Objective

·    Decriminalization of minor offenses lacking harm to public interest or national security.

·    Replacement of criminal sanctions with civil penalties or administrative actions.

 Key Features

·    Eliminates imprisonment clauses and/or fines, converting them into penalties.

·    Penalties determined by adjudicating officers appointed by relevant Ministries/Departments.

·    Introduces compounding of offenses, allowing offenders to resolve cases by payment instead of court trials.

·    Periodic revision of fines and penalties every three years, with a 10% minimum amount increase for specified Acts.

·    Eliminates all offenses and penalties under the obsolete and irrelevant Indian Post Office Act of 1898.

 

Aspect Rule of Law Rule by Law
Definition All citizens are equally subject to the law, with no exceptions. Law is used selectively to favor certain groups or interests.
Legal Consequences Specific punishments and a fair process for establishing guilt. Unequal enforcement and potential for oppression.
Treatment of Citizens Prohibits harsh, uncivilized, or discriminatory treatment for law enforcement. May allow cruelty and discrimination in the name of law.
Principles of Rule of Law 1. Absence of arbitrary power (supremacy of law) 2. Equality before the law (No one is above the law) 3. Predominance of the legal spirit. Not applicable, as Rule by Law contradicts these principles.
Historical Examples – Foundation of democratic societies. – Ensures civil liberties and human rights. – Colonial rule to control and subjugate populations. – Nazi Germany’s persecution of Jews under legal pretext.

 

Source

The Hindu

Mains Question

“In the context of contemporary legal challenges, discuss the implications of evolving policing methods and their impact on the rule of law. Analyze the role of the government’s decriminalization efforts in restoring trust in the traditional rule of law.