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Showing posts from January, 2018

Dowry System - Some Reflections

It is gratifying and satisfying as well that the state government has realized that development as perceived in popular sense of the term unaccompanied with a change of in mindset of the people towards societal issues is hardly enough for its holistic development. Despite a number of legislations to address these issues the progress made so far towards minimizing them much less eradicating them is far from satisfactory. The evils perpetrated by the customary system like dowry is a case  in hand for better appreciation of the matter.            I have not found, despite my best efforts, that this so called system of dowry has any sanction in any Hindu religious scripture. There is not even a slightest reference of Dahej or its english equivalent Dowry in any hindu religious book save mention of Vardakshina which is a sort of offering purely voluntary presents at the time of marriage(not before or after) to the bridegroom after Ka...

The Making of Our Constitution

By the term constitution we mean how and by what a thing is made up of. So the Constitution of India, as it is easy to infer, relates to integrate such parts into an organic whole as make our political system a living one to govern this country according to the values held dear since time immemorial. This  Document, apart from it being providing details of engagement of the three organs of the State i.e Executive, Legislature and Judiciary, throws light on interaction  of the people with the State in terms of rights and obligations of both towards one another. Thus this Social Document as it has been called so also seeks to strike a balance between the pair of opposites which are important for governance. That is why we see therein provisions related to equality before law balanced by equal protection of law, individual liberty balanced by preventive detention, Fundamental Rights supplemented by Fundamental Duties, State's right to rule qualified by the obligation emanating fr...

Effective Investigation, Speedy Trial & Timely Justice

The objectives of the criminal justice system that we are enjoined to manage is to ensure a) prevention of crime b) Punishment proportionate to the crime committed c) that no innocent is punished for no fault of his/hers. Whereas the first objective is desired to be pursued through effective policing and maintenance of law & order as they are executive functions of the Civil and Police Administration, the other two objectives are pursued with the assistance of courts. Court is entrusted with the responsibility of dispensing justice on the basis of the results of investigation brought before the court by way of submission of charge sheet by police. On this basis of charge sheet the accused is prosecuted in the court by the State which appoints a number of officers designated as Public Prosecutor(PP), Additional Public Prosecutors(APPs) and Assistant Prosecution Officers(APOs). After the charge sheet is submitted the Court initiates the process of trial on the basis of oral and docum...

Judiciary- quo vadis?

Today Indian Judicial System has landed itself in a new situation hitherto not imagined. The members of the Apex Court have, by their conduct, disappointed the masses who hold this institution not only in great esteem but reverence also.  By raising issue out of the house and that too by way of press conference is nothing but tantamount to washing one's dirty linen in public. Needless to say that it has something more to settle personal issues. And this under the garb of compulsion to come before the ultimate sovereign who is ill equipped to devise ways and means towards redressing them. Do they expect from the people of India,  the ultimate sovereign, that the issue they raised must receive the attention in a way that it be made an electoral issue? The judges should always be on guard against themselves and refrain from creating sensation in the media. If any grievance they might have with the Master of Roaster, the same could have been resolved within the house. The issue th...