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| STATE AND SOCIETY BE GOVERNED BY THE LAWS AND NOT BY THE EMOTIONS | | | BY KHUSHWANT S RANIAL | 10/19/2011 11:43:25 PM |
| A three lettered word’ Law’ can be defined as the ‘land applying warning’ to check the social unrest and control emotions of its citizens for the harmonious growth and development of all those who live within its domain. In fact, law serves as a binding force to keep every citizen in a tight frame to enjoy the privileges laid into the constitutional structure without exceeding the reasonable limits which may hurt other’s feelings and create lawlessness . The significance of the law to society can’t be underestimated or underweighted. Roscoe Pound defined law as a social reality –an objective with the society as its basis. He opined law as a process of adjusting, compromising and a balancing act of stabilising the social and individual interest’s .Furthermore he added that law is an instrument of social control, operating in society and applicable to conflicting social interests and problems.
A society is like a pyramidical set up consisting of an individual, family, groups, conglomerate of groups cohesced to commonality of culture, norms and practices. Behavioural patterns shown by the members a boding in a state are uninterruptedly in friction with each other very leading to the eruption of the volatile situations forcing law to come into existence to deal with such type of situations occurring frequently so that too much loss could be averted from the grown flare ups. .Society and its various segments are always in a fast influx owing to consistent growth .Surge of liberalism has only behaved as a catalyst and this much quick change has resulted in a transgression of one group onto the other’s domain leading to the conflict in values and an authoritative reassertion of tradition to preserve one’s own identity, often seems to be hooked in a closed shell.
Candid rejection of the elopement, solemnization of love marriages within same gotras and equally inter caste marriages, so many times fuming the trouble are in itself the examples of the behaviour at the perverted conservatism. Since the change and the growth are interlinked so is the law to keep the things in order. One saner group may project for a special kind of law to treat such malady of reactionary killing in the name of ‘Honour Killings’ but what about the nature and extent i.e, should it be a deterrent or one may address the assuaged emotions. Recent studies by the sociological researchers have held that every law is coloured by certain human emotions. I t is argued that all the penal laws have their basic roots in an emotion identified as retribution. The degree of the punishment specified for each offence is proportionate to the gravity of injury and desire of retribution of the victim .Condemnable retribution is often looked down upon and seen as in societies governed by the medieval law or even sometimes reminds one of the Talibanised approach justifying the punishment like stoning, public execution and lashing etc.
Emotions does prevail and influence the Judge’s psychological mindset while awarding a sentence taking into a liberal view various factor like age, sex , previous track record, offender being a widow/widower /juvenile etc . The criminal background history and the circumstances under which such an act has been committed too becomes a part of that very decision making as well. To support the claims ,In this regard ,section 125 of the Cr.PC ,1973,Sec. 24 of Hindu Marriage Act ,1955,Restitution of Conjugal rights, Right to education and Gender equality and social justice are some of the classic examples to exhibit the law based on the emotions in India .The very concept of equitable fair and justice means liberating the laws captive to reason to emote with the sufferer . Hence law is unarguable to traverse into an area more often when the cases of honour killings do surface causing damage to the sanctity of the laws .It is because such an act is an outrage of disgust, hate, insult and shame. So therefore the law which necessarily interferes with the lives of people and is all pervasive, if enacted must in all its sincerity address these emotions. But such mode of opinions should always be not taken for granted.
The doors of domestic violent acts were opened to the ruthless arm of law resulting into a complete breakdown of marriage as an institution and social fabric virtually torn apart. Too much liberty was extended to the complainant to get individual’s grievances addressed but alas the extended undue favour set the system to rotten by adapting to revengeful attitude. Such a law has now fallen hostage to abuse and now it is left for the courts to carefully filter out such abuse in their judicial pronouncements so that a benefit percolates down to the society. It has also been observed that many times the complaints are fake, frivolous and exaggerated leading to the sheer wastage of the time and space of the investigative agencies as well as causing harm to the repute of the victim painted earlier as an accused. These sort of criminal trials are a burden on all those indulged in eliciting and arriving at the truth. To add to the woe, even the final acquittal in the trial case may also not be able to wipe out the deep scars of suffering of ignominy. Undeniably such happenings have brought upheavals disturbing the calm atmosphere, peace, harmony and happiness of the society. The piousness of the morality has shattered and suffered an irrecoverable loss.
Hence,It is the prime time for the concerned agencies to formulate laws which hold strength in pragmaticity .Any formulated provisions of law which do not touch the feelings of the common people should not be given over projection otherwise any enactment would like a child born with a congenital defect ,giving society the bliss of having a baby but will also carry an onerous double burden of cradling it throughout the life. Let Laws remain supreme and emotions may not dictate the terms to twist the laws for settling one’s personal score etc. Otherwise, uncongenial atmosphere will suffocate to breathe in easily and the charm to survive would die soon.
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