Dear Suhaschandra, If the legal system of India is the best in the world, why it takes decades to decide cases, why hearings are postponed frequently without any reason, and even in several cases judgments are not delivered during lifetime of the accused or litigants. The Bhopal Gas Tragedy case took about 25 years to decide, while several of the dependants of deceased/claimants had to wait for justice for all those 25 years. Even then the main culprit remained free and could not be sentenced for the cold blooded death and disablement of thousands of people of Bhopal. The Sikhs whose relatives lost lives in 1984 Delhi riots have not so far been able to get justice for the last more than 27 years. Several innocent people get jailed in false dowry cases without their fault by misuse of the provisions of sec. 498a without any remedy to book the false complainant and the police for their atrocities during their investigation. Not only that even the agents of criminal lawyers approach to the relatives of those victims to convince them to hire their principals on a very big fee and then on hire the demand of the lawyers start continuing to dish out more and more of money in the shape of their fee that too without any receipt granted and for just getting the dates postponed by one or the other pretext.
These are just a few examples, you can find several such examples if you make proper research.
STILL YOU THINK YOUR LEGAL SYSTEM IS THE BEST IN THE WORLD?
By
PS Dhingra, CEO & Vigilance & Transformation Management Consultant, Dhingra Group of Management & Educational Consultants
| 07 22 2011 12:47:13 +0000
Your absolutely right , the courts are used not for getting justice, but are used to restrain the aggrieved to get the justice delivered to him speedily
By
Lakhbir Singh Sokhi, Freelancer, Freelancer
| 07 22 2011 08:07:41 +0000
The legal system in India is misused by White Collared cream for their survival and not for justice at Large.Fabrication and manipulation had polluted the courts with 3 Crore cases which are still pending for years though lakh of cases are .decided by courts every year by courts.There exists hardly 80-100 Lakh disputes which are having multiple litigation which are continued in chain of litigation, made to misuse manual hours of court to fabricated cases,resulting in nothing, as onus of proof lies on the defendant.While claimant/ petitioner applicant/prosecution should approach the court with clean hands but it is done to harass the public at large.causing injuries and injustice to public at large.Section 195/340 Cr.P.C. should be hardened with punishment from 7- life as per case. Sec.175- 186 of IPC should be hardened to imprisonment not less than 7 years.to avoid illegal practice of misusing the law to mis inducement of the courts for their interior motives.
By
Lakhbir Singh Sokhi, Freelancer, Freelancer
| 07 22 2011 08:04:46 +0000
There's definitely a lot of changes that is required in our legal system. At last count atleast 70% of our laws were outdated as they had no relevance in todays time. Plus a lot of laws are skewed towards a particular individual or society as they were passed at the whims and fancies of the political masters. A lot of laws are not logical and have not been formulated for the society's benefit.
By
Jaygopal Raghavan, Marketing Manager, Landmark Group
| 07 20 2011 16:37:45 +0000
Yes all of cases of Family & SC & ST like that more law are not transparent. More to more innocent peoples are suffer that's law.
By
Puran Maurya, Freelancer, Law
| 07 19 2011 14:14:19 +0000
Dear Srinivas, I have not thumbed down your post. However, I must say, since you do not seem to have faced the rigour of the law against you or not tried to see closely what happens to some of the innocents, you cannot understand what disservice the present legal system is doing with the innocent people who are not able to afford legal fights. Being within the system, you cannot feel the punch several people would have faced. TRY TO INVESTIGATE, AS AN IMPARTIAL PERSON, YOU WILL FIND THE NAKED TRUTH IN MY PREVIOUS POST.
By
PS Dhingra, CEO & Vigilance & Transformation Management Consultant, Dhingra Group of Management & Educational Consultants
| 07 18 2011 12:20:32 +0000
It requires a complete change in a way that innocent people should not suffer and the real victims should not escape like it is happening today.
By
Gurleen Kaur, CMD, GKM IT & Engineering
| 07 17 2011 12:49:25 +0000
I think not only legal but the whole system need a change.There is a large no of laws but nothing working properly.everywhere corruption & noone getting proper justice.Even police dont write FIR.you have to move from one police station to other but noone will write a FIR.For justice you have to move from one court to other..& one lawyer to other till then you will become bankcorrupt.
By
sudhir kumar sinha, Founder & CEO, Inovogen
| 07 16 2011 13:16:56 +0000
I agree with Raju sir, postponement and timeframe is very much expected here. But its not visible even in cases of terrorists, corruption and crime against women. Many times people also complain that police is not filing the FIR, there is need to change such attitude. Law should not be effective only against, thieves and picpockets it should also be used against terrorists, corrupt people and high profile people.
By
Mohan Murari, Marketing Manager, Confidential
| 07 16 2011 08:36:28 +0000
Presently, we are operating a system which was adopted from the england way back during the time of independence.. but at present our requirements and atmosphere is different. presently, we are emerging as a powerful nation... so i personally feel that there is a need to change our legal system to suit our nations requirements...
By
RAMAN , LEGAL, KAPSONS AGENCIES (P) LTD.
| 07 14 2011 16:59:13 +0000
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Mr. Dhingra ji, I respect your views completely for the reason that in this country in 8 out of 10 cases, justice eludes common man (especially, "have-nots"). The reason being, there is none to take up their case. I've initiated a cause to support some BSF jawans who have been deprived pension and in many cases even terminal benefits because they opted for VRS. However, after a gap of two-three years, the Ministry of Home Affairs issued notification that the VRS was an error and they have been asked to resume their duty to fight Kargil war. Many Jawans were even drawing pension then. After retirement, they refused to join. Their terminal benefits and pension are withheld soon after for those who refused to join! They are running from pillar to post to get the justice. No justice is done till date!
By
S. Muralidharan, Executive Director, Knowledge Foundation & Campus Around the Corner
| 07 19 2011 11:54:28 +0000
@Mr.Dhingra, sorry if I sound differently to you. I received a notification on toostep about thumbing down with your name, so I mentioned your name. I appreciate your concern sir. Sorry anyway. I know it since I am closely watching being in the Department. My contention here is that we know what the loopholes are. They can be plugged. Revamping the entire system is a big task and there is no guarantee that there wont be any loopholes in the new legal system.
By
Srinivas suravajhala, Asst. Manager.
| 07 19 2011 06:09:32 +0000
In short, a better infrastructures & modern facility to make the deliverables effectively such as networking, internet & computer, database access without restriction, linking all courts & providing archives online for referral etc.
By
KALIYAMOORTHY , Oil & Gas Area Coordinator, Undisclosed
| 07 18 2011 12:13:02 +0000
Since Independence, the legal system is same that is to say, the number of courts at various level is same. But, the population growth has gone up any where in billions. Number of Lawyer is not adequate as there is no multiplicity of Law colleges in proportions. There needs to be a reasoning on "increasing the number of courts as the load(demand of work) increased ". Inadequate professionals with inadequate courts makes CASES pile up in racks. Adding to it, the abrupt transfer, retirement of lawyer / ministers concerned delays the legal process. By changing it & making it functional, it needs a lot of resources & training, I do not think that, any Govt will come forward to do it. Rather, where we find set backs, there we need to bring in amendments, new laws, bylaws etc. For that , we need a supportive political environment. What we see in, any bills put forward are turned down & makes blocks for the desirable progress to that section. It is not the system that is going to do wonders for the people. It is the people who dwell in it to bring bout the Wonders.
By
KALIYAMOORTHY , Oil & Gas Area Coordinator, Undisclosed
| 07 18 2011 11:36:00 +0000
@Mr. Dhingra, You have some opposite view of it. Instead of thumbing down, if you post your argument it will be good. Am I correct?
By
Srinivas suravajhala, Asst. Manager.
| 07 18 2011 08:56:08 +0000
Stricter implementation of provisos is more than enough instead of going for total revamping of the legal system. But speedy disposal of cases is required. Law Ministry and judiciary has to think on this aspect. Those who need to be punished are escaping while some innocents are lodged in jails for simple reasons. Our slogans sounds better, but we are failing in implementation . "Everyone is equal in the eyes of law", it remains as a a beautiful slogan. The biggies particularly the political leaders and bureaucrats know the ways on how to escape. These loop holes have to be plugged.
By
Srinivas suravajhala, Asst. Manager.
| 07 18 2011 06:36:27 +0000
ofcourse Aarti, the lacuna is in implementation. and that leads to governance issue which is the culprit of all the woes.
By
Ravichandar S, investment
| 07 17 2011 16:02:32 +0000
Change is as good as new, undoubtedly many of us do agree with it but real question which arose for consideration is what kind of change we are expecting and in what way we are going to implement the same. What I mean is change in anything is of no use till we are not aware of existing law or the about the changes we are supposing to made. Proper implementation of law is what we required rather than making new changes alonwith the awareness about Law in society.
By
Amit wadhwa, Senior Consultant, C & W Law Associates
| 07 16 2011 19:40:42 +0000
Yes I agree with you. Present legal system of Munshif to district to high to suprecourt is ok. We need more courts & professionals to deliver the goods in time. May be a set of FAST TRACK court can be formed in addition to what we have so that, based the urgency & severity of case, it can be dispensed with at shortest time. Clearance of old cases at the fast rate will infuse more confidence in the mass.
By
KALIYAMOORTHY , Oil & Gas Area Coordinator, Undisclosed
| 07 16 2011 15:28:58 +0000
Thanks,Arti,though my views are in conformity to Mr Dhingra who has painted picture perfect of the state of legal system.I am supporting your argument on the premise that there is a need to re look in to the procedural part of the legal system.A seasoned lawyer can felicitate the proceedings postponed months or years together.This leads to ill will for the legal system among the most of victims.
By
Mohammad Bakhsh, Project Leader/Managing Consultant, Freelancer
| 07 16 2011 09:30:34 +0000
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India. It is seated in New Delhi, the capital of India. The government comprises three branches: the executive, the legislative and the judiciary. The executive branch headed by the President, who is the Head of State and exercises his or her power directly or through officers subordinate to him.[1] The Legislative branch or the Parliament consists of the lower house, the Lok Sabha, and the upper house, the Rajya Sabha, as well as the president. The Judicial branch has the Supreme Court at its apex, 21 High Courts, and numerous civil, criminal and family courts at the district level. The basic civil and criminal laws governing the citizens of India are set down in major parliamentary legislation, such as the Civil Procedure Code, the Indian Penal Code, and the Criminal Procedure Code. The union and individual state governments consist of executive, legislative and judicial branches. The legal system as applicable to the federal and individual state governments is based on the English Common and Statutory Law. India accepts International Court of Justice jurisdiction with several reservations. By the 73rd and 74th amendments to the constitution, the Panchayat Raj system has been institutionalised for local governance.
By
ALOK KUMAR SINGH, FIELD EXECUTIVE, QUALITY RESEARCH & PROMOTIONS
| 07 16 2011 08:00:04 +0000
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