By Kritika, Army Institute of Law, Punjabi University.
“It’s not about how much you do, but how much love you put
into what you do that counts.” - Mother Teresa
“Law is made for the society,” i.e., if the law is made ‘for’ the society, then the rules should be set ‘as per’ the society because the laws ultimately act as guiding principles for the society and pave the way for the society to progress in a particular direction. Thus, implies the fact that if the law allows specific acts, then it conveys that those acts are rightful to be followed by the people. It becomes all the way more crucial to set up the rules as per the moral, cultural, spiritual and ethical values of the society so that the inherent values of the society remain intact.
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The Gandhian principles of non-violence, satyagraha, have not only been successful but are even inscribed in the history books and have made history in themselves. Why so? Because these principles have always been satisfying the inner conscience of individuals, and that’s why he could garner innumerable support from people throughout the country. The need of the hour is merely to reiterate and follow the moral values and inner conscience, which is the ultimate guiding light in each individual existing in the world. The immense power that human beings have is to attain their means of survival without being a beast, and & by understanding the inner powers within them, which helps them to cooperate, accept, and utilise the angelic qualities present within themselves. However, especially in the Indian context, there seems to be an irony.
DOCTORS OF THE SOCIETY
All in all, the field of law should entail the ‘Doctors of the Society’ to promote peace, happiness, love and brotherhood in society and take it towards righteousness! Hence, the laws need to be reformed to suit the actual requirements of Indian Society and to bring in the actual implementation of the laws. The major problem with the laws has been a lack of proper implementation. It can be overcome if the laws are made while highlighting the actual purpose behind those laws. As laws are made for the protection of the people only, the statutes must also convey the same.
ABOLITION OF UNTOUCHABILITY
Article 17 of the Constitution of India, 1950 states, " that “Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with the law.” To enforce the same, the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 and the Protection of Civil Rights Act, 1955 were also brought into force.
However, there is a scope for amelioration, not only in Article 17 but also in other laws. It pertains to the non-fulfilment of the ‘purpose’ behind the legislation. The basic purpose behind making laws is to establish rules so as to maintain ‘peace and order’ in society. The basic understanding of consciousness, i.e., ‘who we are’ in the first place has to be developed in society to develop humane, kind, compassionate, understanding, cooperative and responsible citizens.
Thus, instead of adopting ‘deterrent theory’, the need of the hour is to focus on ‘reformative theory’. Deterrence theory is a play of ‘fear psychology’, i.e., inflicting exemplary punishment to deter the wrongdoer from committing any offence. While the Reformative Theory focuses on understanding the cause of the commission of the offence by the accused and thereupon, reforming the accused, step by step, to shed away the dust of his/her personality and to assist him/her to bring the real gold-like persona to emerge for a better society. If Gandhi Ji could adopt non-violent & satyagraha means to attain freedom from the Britishers (outsiders), then why can’t we adopt the same to help our own fellow people to reform via such compassionate means?
Article 17 of the Constitution ‘abolishes’ the practice of untouchability. The purpose behind Article 17 is to enlighten all & sundry about the inhumane practice and establish the ‘spirit of equality’ in society, and encourage the ‘religion of humanity’. Furthermore, in Safai Karamchari Andolan And Ors. v. Union Of India And Ors., the Hon’ble Supreme Court held that the Manual ScavengersScavengers’ and Construction of Dry Latrines (Prohibition) Act, 1993, must be enforced stringently and laid guidelines for the same.
Gandhiji said that ‘Means justify Ends’. If the authorities use ‘deviating means’ to ‘correct’ the ‘deviating actions’ of people, then resultantly, instead of solving the problem, it will add up to the problem in one way or another. Thus, the officers in the legal field should be ‘healers’ and ‘doctors of the society’, much akin to Lord Buddha, Swami Vivekananda, and Jiddu Krishnamurti, which could be possible with the help of spiritual knowledge and deeper understanding of every aspect of life. Thus, there is a need to bring a revolution for the reformation of not only society but of the laws and law enforcement enforcing agencies as well.
CONCLUSION
Therefore, laws are to guide people to understand what is good for themselves and what is not suitable for their inner being and for the outer society. Law officials must be strong from within, i.e., full of immense inner powers so as to be able to heal the miserable people instead of getting affected by them. They should be taught how to deal with their thoughts, emotions & energies apart from dealing with the application of laws. The moment we have counsellor-cum-officers, there will be a remarkable shift in the way things are perceived and, in the way human beings are living their lives.
Thus, there is a need for a revolution of reformation of the laws that should promote compassion, peace, non-violence, satyagraha, understanding, acceptance, amelioration, and bliss all around instead of creating mere deterrence. Although it might sound like a difficult task, where there is a will, there is a way! So, let us join our hands together and pledge to gather the courage to follow the Gandhian principles, as it leads to following follow the guiding light of our inner conscience and so as to have a joyful, blissful and united world i.e., ‘Vasudev Kutumbkam’.
“If we desire respect for the law, we must first make the law respectable.”
- Louis D. Brandeis
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