by IJLMH | Jan 13, 2020
A crimeless state is a delusion. So, the question that arises is, society has crime but what should be done to reduce it whether to make better laws or have a stricter implementation of the existing laws? Stricter laws mean the people will fear the repercussions and will find loopholes to bypass these stricter laws and there will be evolution of undesired fascism and anarchy. What needs to be shaped is the perception and judgement of the citizens. A competent and stable government and an educated and dedicated workforce is needed for betterment of the nation to implement the already existing laws. To ensure that a person doesn’t go out of line making the line shorter isn’t the solution. Educating the person why stepping out of line is wrong is the correct approach. Ensuring that the person has no need to cross the line is good governance. If amendments are made for making the law evolve with the current dynamic nature, then the amendments ensuring better implementation is ensuring the machinery works in the correct fashion. For better implementation a prerequisite is efficient regulation. What makes a country progress is empowered citizens not citizens who are crippled by strict laws and authoritarian governments. Government must acknowledge India’s weak performance in enforcing the rule of law and take immediate action to close the widening gulf between principle and practice that is by better implementation of the existing laws with the needed amendments in the laws with the time.
KEYWORDS: Amendments, Implementation, Stricter Laws, Government, Education, Dynamic, Justice, Authoritarian, Citizens.
by IJLMH | Apr 6, 2019
The concept and canon of Principles of Natural Justice along with is applicability is not new to our Justice delivery system. Not to defy, it is as old as the system of dispensation of justice itself. It has by now assumed the importance of being, so to say, “an essential inbuilt component” of the mechanism, through which decision-making process passes, in the matters stirring the rights and liberty of the people. Without any doubt, the principles are encompassed in the procedural requirement under variety of laws but it also ensures a strong safeguard against any Judicial or administrative order or action, which might adversely affect the substantive rights of the individuals.
The present case comment relates to the Competition Appellate Tribunal which came down heavily upon a Competition Commission of India’s final order which was pronounced on 10th of June 2015 in the presence of Chairman and four other members including Mr. Sudhir Mital who did not take part in the hearing of the case held on 8th of January 2015. Competition Appellate Tribunal without any doubt regards this move of the commission as a “grave miscarriage of justice”
by IJLMH | Aug 28, 2018
The inception of administration of justice is largely centered upon witnesses coming forward and deposing without pressure or enticement before a Court of law. The very institution of the criminal justice system gets annihilated if witnesses are threatened and incapacitated from tendering substantive evidence to the Court. The criminal justice system must endeavor to accomplish the intricate balance of conflicting interests of the accused, the victim and the society. The necessity of fairness permeates in every practice and process of law. It is beyond the bounds of possibility to pursue truth and preserve the operating principles of a fair and just trial without credible and valuable evidence. The prevailing state of affairs in India with respect to conduct of legal proceedings is not very assuring. In the absence of any statutory protection, the witnesses are debilitated in every which way from giving a truthful testimony, leading to the derailment of the entire trial. This paper aims to study the significance of the role of a witness in a criminal trial, the inadequacy of current laws in India for protection of witnesses and its implications along with a comparative study with the laws and witness protection programs across the world. This paper follows the approach of secondary research and seeks to add to the existing literature with respect to criminal justice system and the need to protect the witnesses while exploring the measures undertaken in this regard globally. The author concludes with highlighting the imperative need for an independent legislation for witness protection in order to vindicate and uphold the concept of fair trial.
