Monday, July 19, 2010

A good legal system is inevitable for good living

One more of my blog, though a comparison between India and US, the intention is not to curse my country because I am sitting in US right now. It is out of observation, as to what differently we could have done

In India, the 1st thing we do upon buying a plot of land is to build a compound wall so that others don't encroach upon the land. Still that wall is not a guarantee! In US, I have not seen a single home yet, which has a compound wall. At max, they will have some plantations as their compound wall.

In India, we often come across cases where the tenant stops paying the rent and occupies the property. And the defaulter always wishes that a case be filed in court. Because once it is filed, no one can force them out till the time the judgement comes out.

Many ride without helmets, jump signals and the traffic ticket comes to our address months after we have broken the rule.

Many willfully default the payment to credit card companies and then they come begging for a 50% settlement and the defaulter takes a pride in it.

Why is this so? In a place where the legal system should create a fear about doing wrong and set an example for others to follow, ours is like an encouragement to do wrong.

The statistics show we have more than 2 crore cases pending in our courts. Can this figure ever meet a logical end? Is this something we have been gifted by the British regime or some thing which we have gifted to ourselves after independence?

One small step, may be a drop in the ocean, taken recently is a modification in Hindu Marriage Act whereby the spouse who earlier used to intentionally skip the hearings to delay the case, will now wont enjoy such privilege. Another is the introduction of the UID.

What is the solution to this issue?

One, may be to take many such steps where possible.

Two is wide spread application of UID, which should track even smallest thing like whether one has made a credit card payment on time to bigger things like traffic violations made to biggest things like criminal cases pending in courts. And then doing a proper arm twisting in such cases like charging a higher rate of interest or higher insurance premium to them

Three , reduce the no of transfers of the judges.

Four, encourage people to have out of court settlements. And may be

Five, to give special powers to lower courts and make them the final authority instead of approaching other higher courts.

But the most important thing is the change should come from with in. Respect the law and have a clean conscience!

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