Wednesday, 1 April 2015

Can the common man follow laws that he does not understand?

It is against natural justice to punish a citizen for breaking a law if he cannot understand the law. But such injustice is happening everyday in India. Not only are citizens kept in the dark about the laws, they are kept in the dark about the structure and rules of the government’s law enforcement machinery (such as police), and of the judiciary.
It is simply impossible for any citizen to defend himself and his legal rights, because…
1) Laws are so complex that citizens cannot understand them.
2) Why only citizens? Even police, lawyers and judges don’t properly understand them.
3) Judges’ interpretations of various laws are at best roundabout and confusing, and at worst self-contradictory and perverse.
4) Clarificatory circulars issued by government, and also previous judgments of higher judiciary, are ignored or misinterpreted by many judges.
Therefore, justice remains a theoretical thing in India.
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