Friday, November 16, 2018

Are Laws Generating Crimes?

The public and enforcement authorities of law, both are finding the imperfect laws and the loopholes existing in them as great boon to exploit and to perpetrate new crimes making use of the same Laws.

Nothing is perfect and eternal in this world that is getting generated out of thoughts of human brain, except the God’s creation. But even that God’s creation is getting effected by certain thoughts and deeds of humans - right from the scientific inventions to make the life comfortable to the every day technology that is in our daily usage. Nothing remained perfect, eternal and trouble-free.

Similarly the Laws that are intended to regulate and control our every day life and behavour are also no exemption from imperfection and even more dangerously the Laws themselves are contributing for manufacturing of new crimes in the society. For example: in countries like India or elsewhere the laws intended for protection of women in Family life or at work places, have been in great misuse in recent times by some sections of women themselves whenever their perochial interestes are subjected to question. The Supreme Court of India and also several State High Courts in India have observed in their rulings the misuse of Section 498-A in Indian Pendal Code (IPC), by some women that is intended to punish the husband and her inlaws who subjected her to cruelty and Dowry demands. In the rapidly spreading promiscues culture in the society, when ever certain types of married women gotten boared with the family life with the husband and when she wants to get rid off him, she invokes the Section 498-A of IPC and sends the husband and his parents to prison. In very rare genuine cases this section of IPC had done real justice to suffering women. Similarly the Domestic Violence Laws and Maintenances laws have been greately misused. Parents of some married women also found it very lucurative business to get their daughters married to a well-earning person and later calling their daughters back from matrimonial homes by picking up quarrel with her husband and inlaws, and later implicating them in criminal cases and claiming huge maintenance has become routine now a days. The Family Court Records shows this trend with evergrowing number of such cases. There are several incidents in the society some women and their parents by getting their son-in-laws implicated in the false harassment and Domestic Violence cases earned big bootys by withdrawing cases against them in the out of court settlements. Several Indian husbands and their parents who are living in United States are facing criminal charges in India in the Women Courts and Family Courts and their wives hefty compensation demands are still pending. Some prominent South Indian Film Heros paid money in billions to their wives who filed harassment cases against them, and subsequently it is found that their wives’ parents and siblings are enjoying with that money. In that way the criminal thoughts are generating in the minds of some parents of married women, to misuse the one-sided laws that are intended for protection married women.

Similarly, the sexual harassment laws intended to protect the women at work places have also been a subject of great controversy now a days. Whenever the male boss strictly wants to implement the attendance or punctuality to the office by the female subordinate, or expects efficiency and honesty in discharge of duties allotted, the Sexual Harassment Laws are being invoked against the male Bosses with an intention to subdue and demoralize them and to protect herself from administrative action. This is all because, unfortunately the government political policy of creating women employment by providing them 30% special reservations in all government jobs, is helping the inefficient women to get recruited into the Government jobs, thereby the efficiency of the administration is getting eroded. Truly efficient women are not getting selected into jobs. Some sections of inefficnet, lazy and dishonest women who are getting jobs, the Sexual harassment Laws at work places, that targets the male employees, have become a shield for such women, to protect their work inefficiency, and whenever their inefficiency and indiscipline at work places is questioned, the male Boss or other male employees would be subjected to face the Sexual Harassment charges and the media would hype such news repeatedly. This is another new crime begotten by the Sexual Harassment Laws. The male Bosses and male employees in the administration either in Government offices or in public sector undertakings or in private organisationss, are getting scared of being implicated in the false cases and never questioning the inefficiency, indiscipline and dishonesty of some women working in the offices. Such factors are contributing for promotion of the inefficiency and chaotic state of affairs in the government or in other establishments. Because there are no provisions in such Laws, the punishments intended if the laws are misued for selfish ends by certain types of women. The publicity of these Laws never taught the beneficieries, not to misue them for selfish ends, but encouraging in vague manner to make use of them effectively!!!!!, there by the crime of abuse is getting generated.

Coming to another area, the Insurance Laws since long time are being misused with great conspiracies. Certain big business houses after getting their business establishment and products insured for some period, whenever they are facing severe slump in the business or whenever they want to close the business despite gaining profits, they themselves are subjecting their business establishments and their products to fire accidents and claiming full sum-assured insurance money in connivance with certain corrupt Insurance and fire-saftey authorities dipcting them as real accidents. Here the intention is to gain the big money at a time in connivance with corrupt officers. Here, everyone plays their dihonest role to benefit the business establishment by taking their shares. I can tell you in a false case how Insurance Laws and Motar Vehicles Laws were misused by all concerned by hatching a conspiracy. A woman was running Transporation of goods business from Costal Andhra Districts to Telengana districts in the State of Andhra Pradesh in India. One day information had gone to her that her Truck driver was arrested for causing death of a person by his negligence, for which the owner of the Truck was also made liable as per the Motor Vehicles Act. The charge was that the Truck driver had given lift to an unidentified villager to drop in the next village and asked him to sit on the top of coconut bags on the Truck, but the villager fell down from the top of the truck and died on the spot. A case of negligence leading to casuse of death of a person was registered making the driver as prime accused and the owner as second accused. Subsequently, the police report and charge-sheet described that after the post-mortum the dead body was handed over to the relatives of deceased who had taken to body from hospital and buried. The most astonishing thing in this case was, the dead person’s name was mentioned in the report, but his address was not mentioned and the persons who claimed to be the deseased persons’ relatives, their addresses were also not mentioned in the records. A case was framed with Doctor’s post-mortum report, Motor Vehicle Inspector report and Truck Driver was arrested. Subsequently the person who was claiming himself to be the relative of deceased demanded compensation from the Truck Owner as the Vehicle was having Insurance policy. In this matter neither the Driver nor owner of the Truck had seen the dead body nor had the contact with deceased’s relative. The demand went thorough police. In this entire episode, the depiction was made as if some one fell from the Truck, a case of negligence causing death was registered and subsequently the Police Officer, Vehicle Inspector, Insurance Officer submitted their reports and Insurance money was released and all of them have shared the Insurance money along with lawyer of the Accused. The Truck driver was enlarged on bail and subsequently what happened to the case was not known to any one. This kind of malpractices are getting generated from the laws themselves, as there are no provisions in the laws, that could impose severe penal actions on authorities, or public who misuse the laws for financial gains or with someother criminal motives.

Even in the Judiciary, the Laws intended to grant Bails and Stays to the parties of the dispute in Judicial proceedings are subjected to sale by some corrupt Judicial Officers. To grant Bail or to stay a proceeding, bribe would be taken by some Judges. With such kind of malpractices new phrases like “Bail for Sale” have come into vogue in judicial circles. This is also a crime generated from the Laws. Laws intended for Technological inventions and innovations are causing environmental crimes by way of Air, Land, Water and outer space pollutions. The Cinematography Act and Censore Boards that are intended to encourage film production and to check the indecency are contributing for spread and publicity of sexually provocative semi-nude dances by female artists. Here the crime is to pervert, incite and entice the minds of Adolescent students to make them addicts for sexually unethical thoughts and to destroy their educational careers.

The few laws that are mentioned here are not the only laws that being misued to perpetrate new crimes, in several aspects, the public and enforcement authorities of law, both are finding the imperfect laws and the loopeholes existing in them as great boon to exploit and to perpetrate new crimes making use of the same Laws. This is all because of unmindfulness in presuming the probable dangerous consequences in case a particular Act/Law is misused, while enacting the laws and ignoring to insert severe penal provisions in such laws, if they are abused for selfish and criminally motivated-ends by the people who want to make use of them for relief or to those who are enforcing them. Most of the Laws/Acts do not embrace punishments provisions in case of misuse; someother laws have to be invoked to punish them. That is the reason Laws themselves are generating crimes in many instances. By dchaitanya

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dchaitanya is a writer for BrooWaha. For more information, visit the writer's website.
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