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Curb the disillusionment with the traditional rule of law
Context:
Citizens need to be aware of the grave dangers in the growing fad for a ‘shortcut’ or an ‘abridged’ rule of law model.
Legislative Measures to Address Rule of Law Challenges
- Updating Laws: Amendments and replacements, such as the Jan Vishwas Act and Bharatiya Nyaya (Second) Sanhita, target outdated laws, reducing compliance burden, and rationalizing penalties.
- Smart Governance: Government addresses infirmities, ensuring laws align with modern thinking, promoting trust-based governance, and facilitating business activities.
- Colonial Legacy Removal: Replacing colonial-era laws like the Indian Penal Code aims to shed historical legacies, modernize, and bolster credibility in the legal system.
Crisis of Credibility in Rule of Law
- Consumer Perception: Rule of law credibility crisis lies in the experiences and perceptions of law consumers, including victims, enforcers, and the majoritarian command group.
- Policing Practices: Encounters and 'bulldozer' policing replace traditional investigation methods, evoking populist support but risking abuse without adequate democratic checks.
- Abuses and Repercussions: Examples from France and Poonch district highlight the potential for abuse, leading to violence, protests, and calls for thorough investigations and accountability.
Abridged Rule of Law Challenges and Cautionary Approach
- Traditional vs. Abridged Rule of Law: Traditional rule of law ensures uniformity, predictability, and normative fidelity through a defined process, while the abridged model seeks quick and reactive justice.
- Crude Nature of Abridged Rule: Abridged rule of law, seen in encounters and 'bulldozer' actions, risks making justice arbitrary, with targets chosen based on majoritarian dictate or cryptic information.
- Government's Stand: The current government favors the traditional rule of law, emphasizing the dangers of a growing trend towards shortcuts and advocating caution in adopting an abridged model.
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