EFFECTIVE MEASURE TO ERADICATE EVILS CONFRONTATION AFTER INDEPENDENCE

EFFECTIVE MEASURES TO ERADICATE EVILS

The dawn of independence has virtually came with confrontation of many problems for effective administration. The foremost and the prominent problem was for rehabilitation of the refugees. There was no place for providing them the basic requirement of shelter and for that reason, the government provided the shelter home for them. The locality was not congenial for their adaptation . Thus the hostility amongst the people has started generating their side effects . The civilisation is the beginning of the governance to any nation. In absence of any co-ordination amongst the fellow citizens , the concept of social embodiment was virtually evasive . Thus there was neither any co-operation nor co-ordination amongst the citizens. The sole motto was to accumulate the resources for advancement and to enforce their hypothetical illusive superiority amongst the other inhabitant. Thus there was a complete absence of religious and spiritual concept in the society.

No man can survive in isolation . There is  a rule of give and take . The moment one person is inclined to accept  everything as a matter of his right, the person who is inclined to give him  his extra potential , withdraw the basic offer. This become the end of social collaboration . No country is able to survive except by the will of the people . The bitterness  amongst the people may ultimately lead to a crisis on psychological level. Thus the country required the coercive method for the enforcement of law and order situation. This was on account of partition of India.

After independence there was the abolition of the Zamindari system in India. The entire agriculture land was wasted to the state government. The farmers were given only their cultivators rights over the rural land. Thus the concept of ownership was diluted to  certain extent   and those who  were in occupation over the agriculture land became the Asami. Even a Bhumidhar was not vested the absolute ownership and was enjoying the transferable  cultivators right. Thus the initiative for improvement  of the land was slightly undergone a major change. The investment in the agriculture activities was multiplied to its many fold. This was due to inflation   and the steep fall in the value of money. Thus  it has gradually declined the production  of the agriculture produce. The system has further suffered another set back by commercial activities as the cost of the labour was gradually increasing in its output. There was  the difficulty faced by the farmers when they have entered the same cost of labour, what was required to be incurred for production.

The commercial activities and the industrial production were not deprentdent on external factor like environmental misbalance and the natural calamities .The farmer having an agricultur3e production was solely dependent upon these two factors, this has provided a great disharmony in the progress of our nation . There were class prejudice between the various  section of the society and this factor was coupled with the socio-economic factor relating to the comparative assessment of cost productivity. On one hand the industrial and commercial productivity was within the control of the labour to a certain extent however there was no organization activities for boosting the cause of the farmers. By the erosion of the ethical values in the society and the rapid growth of the population, there was gradually a process of  migration from there motherland to some of the major cities in the search of the better avenues for remuneration by the people. Thus the major population which was totally dependent on their agriculture output an living in rural area has under gone a great set back in respect of their earning prospects and ultimately by the fragmentation of the segment over the peace of the land, there was gradual declination of the standard of living in the village area .

The political equation which were originally set-up in the pre-independence era were caught in the whirl pool  by the violent stroke of caste system which was generating the devaluation in the national integration with cumulative effect . People do not live to face the truth and thus has their evasive attitude which deepens the compulsive gambler maladies by the passage of time. Although there was deep bitterness amongst the different religions but the slogan were promulgated by our political leader to maintain the feeling of the brotherhood which was not possible without proper enforcement. Thus in such as situation when there was already a deep conspiracy to upset the flow of the national esteem amongst the mind of the citizens by the other nation ,the political set-up of our country has further exaggerated such problem to the multiple proportion. There was the need for law enforcement agencies but such enforcement was still not possible without having a control over the system .

This has become a crisis in the first decade after the independence gradually there was as rampant corruption ascending in the public life and the galloping race which was developed by the process of character assassination could not be halted even after the enforcement of the highest law of our country . The crucial factor , as are being discussed above alike hunger , deficiency ,disharmony and disintegration ,has further provided a fast   deteriorating standard of our society and as a counter productive reactionary trend , the crime has perpetuated in our society. In absence of any deterrent , retributive  and punitive theory of punishment    , the political arena which was previously occupied by our so called political sufferer in the freedom movement, was gradually replaced by the criminals. This was a paradise to every law evading process to shield up their  responsibility as a repercussion of the criminal  activity by the procedural processed jurisprudence . Thus instead of having any growth for the advancement of the nation, every potential and resources lying within the competence and power of our citizen was vested in providing the security to our political superior. Thus  by the dawn of fifty years of independence, India has not only undergone through a political uncertainty but it has exposed its character by demonstrating an example of hypocrisy, religious hatred  and criminal  domination.

The industrial output  which was occupied by labour contribution, has further suffered on account of low productivity in the public sector. There are about 250 public sector in the central government while 710 public sectors are occupied by the state .These sector have become a money guzzles for the opportunists for accumulating their personal assets. The East India Company was initially given the power to get the administration over the different states as the ruler may earn the revenue through British’s but ultimately  they became the ruler. The present  industrial set-up of our country has further invited such divisive forces to rule over  our nation.

The first and foremost requirement in our country is to deal with a criminal with severe punishment .It has rightly been said that it is only the fear which keeps a man to do the righteous thing in his life. The bane of caste system, the business of religion and unhygienic process for accumulation of the assets and resources with the limited people which has provided a disharmony in  the society , can only be dealt with by confiscation and forfeiture of the property belonging to the criminals. The bonafide citizens and a genuine person may not be liable to suffer the atrocities committed by a criminal who may get escaped from the  punishment by making a target on the victim. The state is responsible for every crime and  it is a lame excuse that it is meant to preserve only the law and order situation. There is a need for getting every person being removed somehow or other who by his own nature uses to indulge in a criminal activities .

That is the need of  the time   other wise the entire nation will be compelled to become the hens of the criminals.

There is the second requirement for having an accountability of the wrong doer, It is certainly not the purpose and the objective of the law enforcing agencies , that a wrong be corrected or rectified. This is a reciprocal obligation upon every superior authority in the hierarchy of the system that their subordinate may get the proper punishment for every wilful defiance of their inaction and such in subordination of the rule of law in the society. It is the high time that every quasi judicial action in which there is a glimpse of dishonesty , such action apart from being dealt with by rectification of the mistake , be accountable  against such officer on account of whose wilful negligence or lapses , the affected person has undergone a great agony, discomfiture , disappointment , frustration otherwise there will be no end of dishonest and apathetically circumstances from the society.

The ecological cycle has been totally disassociated from its normal course. There is the need for filling the  rainy water inside our first subcutaneous layer from where the water is pulled through pumping set. This will provide the immediate water requirement to the citizen for their daily use as well as for their irrigation. There is the wastage of this water and ultimately the same is providing the flood   to the other portion of the country lying on low altitude and in this manner we may again restore the glory of the Himalayan valley throughout our nation.

The privilege orientation system being generated for creating a psychological; terror on the mentality of as common man is required to be dealt with by the people themselves  as no-one  wanted to get his privilege been taken away simply on account of  the wishes of the other citizens. The voice of the intellectual is soft and till they may not unite in the battle , the victory  and the chances of success is always lying at a remote  distance . Every toil will have its own colour subject to that we may be inclined to eradicate the prevailing maladies.

In exercise of the power conferred upon para eight of the tenth schedule of the Constitution of India, the speaker of the U. P. legislative assembly had framed “The member of U. P. legislative assembly (disqualification on the ground of defection )Rules,1987”. The statement of object and reason of the Constitution (52 amendment) at, 1985 were sum up in these  words. The evil of political defection has been a matter of National concern.  If it is not combated, it is likely to undermine the vary foundations of our democracy and principles, which sustained it. The anti-defection Bill is meant for outlawing defection and fulfilling the above assurance.  Surprisingly, the expression “Political party” and “Defection” are not defined in  interpretation clause.  The splitting of 1/3 members of a particular  party by formation of separate group is permitted, but the defection of a individual legislature is prohibited under the Act. This is a very strange that if you commit  the murder of democracy with impunity under the garb of the split in political party, you will be punished but the infliction of the injury on political party is punishable with the disqualification of the membership of the legislature; if the legislature has acted according to his conscience by supporting the resolution of confidence or no confidence.  The question which arise in the mind of individual citizen that whether while exercising his adult franchise in the election, he chooses an individual candidate or political party to come into power and it the political party is voted to the power why the individual is permissible to play the vital role  in the formation of the legislation.  There are other questions regarding the sanctity of the whip enforced by the individual party is a democratic trend or it leads to an anarchy  or an oligarchy.  Thus the Parliamentarian system of the governance by the political party appears to be undemocratic on its face value.

The supply of the essential commodity like food water electricity  and other resources should be provided without interruption and for such crisis there is  the vicarious liability of the state government. Thus it is for the state government to adopt the suitable measurement for providing such commodity and simultaneously to dealt with the person / employee working under them  by awarding suitable punishment if they may cause such disruption.

 The outcome of the agriculture production are the assets of the nation. There is the check and balance in respect of determination of the prices of the food products. However despite being regulated by the government policy, there has been an apathy with the problems of the farmers. Since the entire land is vested with the state government ,it is the duty reciprocal upon the state to provide the improvement in the soil for better productivity. There are many defects in the present system of agriculture  system and till the government may not be held responsible for cultivation    soil conservation and for providing the fertility , nothing can be improved by  merely the slogans . Unfortunately there are the instances of the arrests a poor farmer when he finds himself unable to fulfil the contractual liability by repairment of the debt which he had taken for proving irrigation, cultivation and production of his agriculture land. Whether the government is justified for keeping privilege orientation and simultaneously putting the farmers inside the jail on account of there failure to repay the loan due to some natural calamity. Every sort of incentive by providing the financial assistance to the needy people is of no avail , if the son of the soil may undergone a treatment of discrimination and arbitrariness by committing atrocities upon them.

The universal declaration of the human right is nothing but a misnomer in India . There is neither a human being who is born free and having equal dignity and rights  as are being enjoyed by few opportunists. There cannot be an endeavour in the spirit of brotherhood. Our country has  got the race prejudice which is dependent not only on the basis of the colour, sex , language but on the basis of caste affiliation. Here is no security of the person and everyone is subjected to be ruled by the law enforcing agents either in slavery or in servitude. People are subjected to torture and to get degrading treatment by another fellow citizen whoever is enjoying the power. The right to an effective remedy is totally     collapsed by the pressure of the work. In such situation, how the courts which are considered to be sentinel  in the quivive may enjoy the protection of the rule of law in the society.

Success lies upon the effective measures to eradicate root an branches of all evils. It is been considered that now the arms of the law are not long enough to mould the law . According to the need of the people. The law enforcement agencies are mainly adopting the coercive power by providing a torture and they are seldom not concerned with their duty. Thus a clear imperative by proper planning ,constant counselling and persuasion are the appropriate mean rather abrupt and spontaneous method. There is a need to provide some incidental and ancillary powers to the courts for adopting new device, new methods and new strategy in securing the justice to the people.    

Necessary amendments are required to be done in our constitution by expanding the   scope of Article 226 and 227 of the constitution of India.The judicial verdict may be regarded as the foundation and the third pillar of the democracy which may have some foundation on the basis of the public opinion. If  the people may start their trust in such system then no one can save it from the ultimate collapse thus every procedural law which is providing a barrier for effective adjudication of a dispute must be wiped out from its inherent impediment. The process of judicial proceeding are in itself cumbersome and exhausting. There are huge investment in the process of final verdict . Thus a system is required to be develop in which the person may feel confident. This is not a system which is purely dependent upon the gambit  or like a profound gambler but on the other hand it may require to win the trust amongst the people. If the litigant consider it as a chance verdict for which a huge investment may require then for him it may become as a Hobson’s choice.

Unfortunately the mutation proceedings for providing the name being  recorded ion the revenue record and on the basis of which every transaction is dependent are still being considered as the summary proceeding which are collateral piece of evidence for the purpose of realisation of the compensation in the land acquisition and for proving the possession . who bothers for title and it is seldom found easier to fabricate a negotiable instrument and document for raising a dispute and there by to obtain an injunction  even amazed the state government to cultivate a right over such land. Thus  it has become a compulsive gambler to an innocent citizen either to surrender his rights of ownership or he may adopt a course of criminal nature to settle dispute. Thus if the accountability and responsibility of the wrong doer may not be fixed by the present judicial system the foundation which are based for the peaceful assimilating of the superior command may gradually be vanished  from the scene of our present  judicial set-up.

The concept of tortuous liability  has yet not been evolved for providing the damage to the victim of the wrong. In absence of such responsibility there is neither the requirement which has been visualised by the higher judiciary to have the proper and effective control over the subordinate judicial officer. Power of judicial review  is coupled with the power to scrutinise as to whether the judicial authority entrusted with the power to hold enquiry was vested with the jurisdiction, power and authority to reach a definite conclusion which has been arrived  by such judicial officer in delivering a judgement .

The legal proposition based on such supervisory jurisdiction is coupled with the fact as to whether an abuse of the discretion may not be viewed by its magnitude and its gravity of the said misconduct, may not be sufficient for disciplinary action. Such power may be exercised in exceptional cases  but atleast there may be some fear in the minds of the judicial officer to conduct its functioning as the confidence of the litigant public may not be shaken by the lack of integrity and character of the judicial officer by  providing  the suffering to an innocent person  and also to maintain the discipline in the judicial service. Unfortunately we have lost our sight from this basic requirement, which is necessary to maintain the rule of law .

The government has a sovereign function which includes the right to impose tax. Seldom , people ask that why they should be held responsible for the payment of the tax . The reason for their declination to fulfil such a responsibility is basically two folds; Firstly, the public money is mis-utilised by the bureaucrats and other politicians, who  are holding the public office as the custodian of the trust of the people. Secondly, the money which is realised as the tax is occasionally mis-utilised for the political consideration which is contrary to the object and being invested for extraneous consideration. The tax payer has a right on the public exchequer as it may not be hired at the convenience of the politician. In absence   of an institution like that of Ombudsman which is known as Lok -Aayukt where the people may lodge a complaint against the dishonest and  corrupt officials. This is due to the reason that in India , we have lack of sense of duty and dedication to public service and a reluctance to confirm one’s own behaviour to the accepted norm of honesty and probity in public life. Illiteracy reigns supreme in India. A complete absence of enlightened public opinion is prevalent which is necessary to make such Institutions  work. A persistent tendency to subordinate national interest to the personal interest accompanied  by an Individual his inordinate love for chair , power and money is evident in our country. Thus in absence of a superior command we may seldom get a man, who by his own nature may be indulged for the welfare of the people. This is only  the fear which may keep a person in order .

The judicial system which was initially meant for rectification of the mistake of  the subordinate judicial officer , is seldom found in itself being indulged into its own mistake . The litigation is now being filed nearly as a clock for attaining private ends and as such the court must be careful to weigh conflicting interest of the other side. The consequent delay in disposal of the cases is seldom visualised the shortage of the water supply for the agriculture irrigation facility, shortage in electric supply ,obstructing industrial development  and for the construction of the road and irrigation canal by entertaining the petition on the plea  of malafide or by levelling the allegation for collateral purpose against the land acquisition proceedings. Thus there may be reimbursement of cost of escalation resulting from such delay  to the public or to the affected party , in case such litigation which has started for extraneous consideration ultimately fails.

Religion is politics ; and the politics is the brotherhood ( William Blake ). Thus the politics is an essential branch of the art of promoting the human welfare and happiness but it was never considered to be an art of obtaining power, which may turn as demagogy. Every  action has three basic requirement for its objective , i.e Desire , Emotion and Knowledge. In absence of any of the three basic ingredients to be adhere prior to the implementation of a policy, we may have the utter failure in every efforts. Thus the country is also bound to collapse on every front, if there is the absence of the knowledge amongst our politicians. Every basic thrust is secondary for the utilisation. If we consider money as the paramount consideration for attaining the political power , the custodian of the public trust shall automatically purged with the illusion of hypothetical superiority and nothing shall remain to  provide a contribution towards the welfare of the citizen. The necessity of the money is to achieve the basic requirement otherwise the accumulation of it in itself become a corruption. The similar sentiments may be attributed towards power and sex desire which has its reservoir in the emotional psychological sphere but if it is unchecked it may result in disastrous for the society. Thus if we are inherently incapable to decide, what is required for our existence , there is a need for sanction and the punitive measurement, if one may side track from the basic requirement unfortunately despite our inherent capability to improve in a span of  last 50 years after being ruled by the alien power, we have yet not evolved an effective system. This is the reason of our political disaster.

Oligarchy, a system in which ultimate power is confined to a section of the community; the rich to the exclusion of the poor, aristocrats to the exclusion of plebeians, opportunists to the exclusion of benevolence , reservation to the exclusion of efficiency, males to the exclusion of females ,is an absolute monarchy in our nation. This  system is based on the ethics of gaining more advantage of than of that of the rest of the community. The power rests on public opinion and if we diversify our intention for the lesser important factors, the prominent amongst them may be crucified. This was the approach  of our political master to rule the nation after getting independence . In the present context of  the political set-up of the country having certain global phenomenon regarding involvement of the politician at large in the nefarious activities by gaining undue prominence without any moral obligation towards the citizens to protect their human rights , there should be the persistent efforts of the people for participating into political sphere as the article of perpetuating corruption by mediocrity and thereby earning enormous money and power to be restricted   for which the person willing to sacrifice their future for the betterment of the human rights of the public may come forward . The choice of the people in political  arena for launching any political party into the power is  just like of patting the snake or Cobra . Destiny is the result of   consequences reflecting through individuals action. An urge may lead to big surge . Hell and heaven both exists in a society only the truth remains without any virtue , not with any voice. It is said that where the science ends , religion begins ; where the religion ends spiritualism starts ; where the spiritualism ends , a reality survives. These are the realities of the life in the process of evolution . the creative acts of the genius are always remain the subject matter of criticism as they are usually confronted with optionally stupidity of  other fellow citizens. There is a delicate balance between public duty and personal honour . The numerical majority leads to the destruction of benevolent leadership . The human progress do not originate in the composite brains , but it is by the wisdom of the individual personality . Thus in the search of the better human rights provided to its citizens , there is necessarily some impediments in process of evolution and advancement of society because the protection is at large in favour of those citizens who are involved through their activities towards their towards destructive approach for  advancement of the society , which is detrimental to the interest of the superior in command . Still there may not  be any compromise with the human rights conferred upon an individual.

Society is becoming more complicated. The  democracy brings with it evils of its own system . It is difficult to search a really devotes person amongst the majority. Psychological reconciliation amongst  fellow citizens to utilise every potential energy and to maintain co-ordination between fellow citizens. Civilisation begins in order , grows with liberty and ultimately perish in chaos , civil liberty  are better and save as long as  its enforcement do not bother others existence . Administrative system and judicial institutions are considered for vacillation of the purposes. There is always a conflict between opinion and rivalry of the interest. Time has come to expose the falsehood and fallacies through discussions in order to avert its global devolution. The remedy is speech, not enforced silence. The ship of progress is equipped with moral strength. We cannot remain silent spectator by observing the gradual disintegration of every institution in a democratic society. However , our potential will prove  the power to save them and to resist against evil disasters . There is no steady advance towards higher condition of progress. The opinion persists to subordinate personal interest to social interest as the vested interest are always motivated to usurp power through any means even at the cost of its own interest. Sincerity is now slave of destructive activities  and human rights are passing through the state of psychological retardation. Attitude of the public is mainly consist of denouncing the receptive norms. Moral damage is more terrible.

The individual human rights enforcement is inadequately persists and thus the existing remedies are required to fresh appraisal. The entire fabric of the society is scattered and shattered , which is existing with galloping corruption. The proper assessment of legal and social condition is essential. Reason obeys itself while ignorance submits to whatever is dictated to it . Freedom does not mean abuse nor liberty is a license . The survival of the human rights and individual freedom requires obedience, endeavour, honesty , truthfulness, sacrifice , discipline and character . Implementation of the strong idea requires steadfast wisdom. Such idea should burst every chain , which tends to paralyse its efforts to push forward. Most of the people tends to see nothing nor inclined to observe. They do not take the notice of evil consequences as the simplest and the cheapest attitude is apathy. The ensuring success is mostly understood at the beginning due to strong contrast   of public opinion .

                                                

There is one prominent factor in representative government that it is not ruled by the minority through the brute forces and may again lead to us for a slavery. Thus it is seldom considered that let the advancement of the people may suffer by other radical factors , but at least we are not leading for the unpleasant slavery and subordination at the hands of a foreign ruler. Thus  we have to  search the new method, strategy, accountability and responsibility in the present political system of a representative government. Every art and every enquiry and similarly every action and pursuit is thought to aim for welfare of the people and thus all things depends upon them to find as better end .