Wednesday, February 6, 2013

It is the 'Law', so they say....

After a long break, I'm back to write and share something I had to say. As I write this piece of article, there are things/events going on in this country of ours that are ominous to say the least, and threatening to the very freedom that was dreamt by us when politically ruled by British power. The incident that I am using a backdrop here is easier for me to relate to as it happened in the same city I was born and brought up, and is also easier to understand and relate it to the general problem of our nation.

The arrest of MIM MLA Akbaruddin Owaisi and later, MP Asaduddin Owaisi have actually shone some light (for me at least) that there is something terribly wrong with how our 'democracy' or 'democratic system' works. Let's start with the beginning. Democracy, presumed and accepted to be the "best" form of government theoretically, has, in practice, an inherent need to put in place checks and balances that assures it remains true to its definition. A democratic system, as many of us may know, has three basic divisions: 'Legislature', 'Judiciary' and 'Executive'. We all know, I assume, what each does in a democratic country. The most important nature of this division is that the power is divided among them and none has the right to overpower the other. It means that when the legislative body is making a law, the judiciary or the executive body (police, etc) cannot interfere with the process (the judiciary can give guidance or make suggestions). Once that law is made and passed in the legislature, the role of the executive body comes into play in the implementation part of it; here the legislative body or a member of it cannot, by the democratic principle, interfere and influence in the implementation process (although the legislative body can oversee and make sure that the law is being implemented uniformly and properly). Of course, when there is any issue with the way the law was made or being implemented, there is always the judiciary; this is where the real power of judiciary is, this is where its role is: listening to the petitioner's petition and judging properly. This is a very delicate balance yet very critical for the survival of a democratic system. After all, why was democracy made in the first place if the power was to end up in the hands of these few people who sit in the parliament, courts or police stations? That is the reason for this division of power into these categories. It is assumed, in good faith, that this would help in letting the power be decentralized and thereby, people be not subjected to injustice by a handful few.

By now you must have got the thought that this is so not true in our country barring a few examples because of a few good men and women in our democratic system. So here comes the case of the two arrests that I have mentioned above. More specifically, I want to look into the arrest of Asaduddin Owaisi. He reportedly was arrested for a crime he had committed in 2005. My question is: what was the police doing till now, till 2013? If the charge-sheet filed against him was correct and there was evidence to support the charge against him, why was no action taken in 2005? Why was it taken now? Why did it take so much time? If it is true that the action was not taken as MIM had the support of the ruling party at that time, and it was taken now as it no longer enjoyed the support, then it points to a very disturbing situation: the executive body is no longer free of the legislative, and that members of parliament or an assembly can overpower the executive body or a part of it and do whatever they like to. This incident is just one example out of the countless told and untold stories of one body overpowering the other and undermining the validity of our country's democratic system. The Hindi saying, "Jiski laathi uski bhains," has exceedingly become a deadly reality for India. It is not just the failure of a law, it is a near breakdown of the democracy we cherish. As I have always said, democracy is not simply elections, it is a burden on every citizen who has chosen to be a part of it.

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