Sunday 1 December 2013


  When a link is weak the chain is weak

    It is believed that the Democracy in India stands on four legs. They are 'The Legislature', 'Administration', 'The Judiciary" and the "Media’. These four legs used to complement and supplement each other. When any of the legs becomes weak it causes an imbalance in the set up. What is being observed now, all legs are becoming weak.
    The legislature is being handled by the elected representatives. Since they are pulled out from the common men they may not be experts. Hence the administration which is handled by the properly trained persons is to interpret the required legislative intentions behind legislation and accordingly enforce the same. Since administration works through a system, there may be certain deviations from the desired principles of law. The third leg, the Judiciary then comes to picture which interpret the law.
   The common men who are in the society used to bear the brunt of the administration use to franchise their right of information and right to speech through the Media. Even though the persons in Media are not paid servants of the state they are regarded as a part of the democratic system of governance and is understood as the fourth leg for keeping equilibrium in the system. There is a Press council of India which regulates this body in the country. The persons working in this noble profession are believed to be the 'vox populi" of the state and are expected to be of truthful integrity.
   Persons in the administration and legislature are likely to be corrupt due to their wielded powers in their scope of functions. But it is unfortunate to see the persons from the judiciary and the media in that ship. As far as out of the way pecuniary gains are concerned it is the duty of the state to bring them home. But when they encroach into criminality, it becomes intolerable for the society. In such cases they should be treated as malignant in the society, who ever and whatever personality they have been holding.
   Sexual harassment at work place was there in our society. But after the entry of brave and educated women into the professional fields, the scenario has changed with the promulgation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act which brands such act as crime. Similarly after the gang rape and murder of a medico student on 16th December 2012,The Criminal Law (Amendment) Act, 2013 the scope and definition of rape and also the punishments thereof have been stringent.
    The amended Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, that provide protection to women in unorganised and organised sectors including the private sector, has now a wider arm to catch more worms after The Criminal Law (Amendment) Act,2013 has come into force from April 2013.Like US system the women have been empowered to complain on past events whenever they feel proper. The Retired Supreme Court Justice A.K.Ganguli and Tehelka   Editor-in-Chief, Tarun Tejpal are the new catches under the Act after Asharam Bapu and his Son Narayan Sai.
    All the cases are similar in nature. But the time of their occurrence varies from few weeks back to years back. In all the cases the accused persons are big shots. But Tejpal is from media while the Justice is from the judiciary. Both of them are from the legs of democracy. While police handles Tejpals   case  the Justice case is being handled by no other than the Chief Justice of India. It is quite natural that the accused will always plead him innocent. But they have to prove that too. These cases are sensitive to the society. Let us wait for the judicial findings in these cases. If the accused are found to have a trace of involvement we demand the harshest punishment for them owing to their statures to be examples for our future generation.
   One should remember that the strength of a chain is equal to the strength of the weakest link in that chain. To make the chain strong the weakest links need to be discarded. Odd men in Judiciary or the media now forms the weakest links in our societal chain that are needed to be discarded from the society.
    But if the allegations are not proved then, the very amendment laws are further amended with a limitation clause depending on the severity of trauma with the victim. The Criminal Law (Amendment) Act, 2013 is gender sensitive. It may take the turn like the Domestic Violence Act which is in real life is no gender sensitive. Cruelty happens to the husbands. Wives are now entering syndicate crime to kill their husbands. Hence the amended acts need wide spread debate for an amicable solution.
   

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