I
remember having talked about perfect crime on this blog sometime ago.
May be my readers have lost it. There are other two types of wrong
laws in the making in our democracy. They are Illegal Laws and
Negative laws.
In this
post I want to chat on Illegal Laws. Illegal law is that law which is
made to appease a section of society at the cost of other section of
society. Making such laws is a common practice in most other
governments but in democracy this law is objectionable. During royal,
despotic, dictatorship, foreign and autocratic regimes these laws are
often made to suit needs and demands of ruling class and their
friends at the detriment of rest population. However, when we have
accepted democracy any law that makes differences among different
sections of societies is not allowed. That practice is considered
undemocratic. Nevertheless, we see many illegal laws are being made
even during democratic rule. People should be aware of this
malpractice. During other regimes these laws are made without any
fictitious explanation to justify them because it is not necessary.
During democracy however law makers endeavor to give some fancied
reasoning to justify them because they know that this is not
democratic practice, sort of guilty consciousness makes them give
those reasons.
To make
my point clear I should give some more examples of such illegal laws
passed during our democratic rule. Take for example rule that makes
helmet compulsory. This law is made to increase business of helmet
manufacturers. Actually governments has no right to interfere about
what type of safety a rider should have on road. It is none of
government's concern. Two wheeler riders are major and therefore,
this type of violation of their rights is definitely not a democratic
act. Only an insurance company may make helmet compulsory to riders
because, they have to compensate rider in case of death in an
accident. This example clearly shows how government machinery is used
as a marketing agency. A government should not work as a marketing
agency for the benefit any business. Safety of rider is no concern of
any government. If this argument that is used to justify compulsion
of helmet allowed to continue then many other things will become
compulsory to people. My legal advisers told me, a government may
make suggestion for safety of riders but under no condition a
democratic rule has right to make such things compulsory; a large
section of society is not interested in this protection we see much
protests all over the country against this compulsion. This clearly
indicates that this law is made against interest of some section of
society. And so, this is an illegal law by the definition of this
term.
Iodized
salt is one other example of illegal law. As per my information Tata
Chemical Company instigated our then government to bring this law.
What a citizen should eat is not to be decided by any government.
Obviously this is an illegal law. Many reasons (actually excuses) are
provided but they are not to be forced on people. Again I may say
government may suggest for use of iodized salt but cannot make it
compulsory. Much resistance we see from people on this law and so now
they have relaxed that law.
Recently
a law to ban cow slaughter is mooted by present government of
Maharashtra state. Again, we see that this law is being made to
appease a certain section of society probably Brahman and Jains as
against the interests of many other societies as well as our economy.
To protect our democracy, we must resist this mentality of misusing
right to make laws by assembly or parliament. If we fail to stop this
tendency many more such partisan laws will be made by vested
interests creating situation of tension in the society. If we cherish
our democracy we must resist any tendency to exploit this right of
parliament and assembly to make (such partisan) laws.
As we
know father of modern economics has written in his book, In
"The Wealth of Nations", he had defended smuggling and
corruption as a legitimate activity in the face of “unnatural”
legislation.
Adam
Smith has called Illegal Law, "unnatural legislation". This
also explains why we have corruption in our country. So long as we
continue to exploit law making process for the benefit of ruler class
corruption and smuggling will continue in our country.
That
section of society affected by such partisan laws are going to raise
their protest in the way they want, creating at times law and order
situation. Whom to blame for such illegal laws? All people who want
to protect our democracy must increase their voice against such
practice.
You may contact me on
my Email ID given below,
You are invited to visit
my other blogs
Ashok
Kothare,
http://ashokkotharesblog.blogspot.com/
for
stories
I
reckon,
http://kotharesviews.blogspot.com/
for philosophy
You
may visit blog, Ideas
and tips on any subject,
http://kotharay.blogspot.in/
for intelligent discussions.
Freedom
of Expression, http://blogs.siliconindia.com/kothare/
for intelligent discussions.
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