TOP 5 Issues with Indian Judiciary


so hi guys today we are going to update you
about the top five issues with Indian law
We’ll start off with the number five the dystopian brothers PSA and NSA
Public Safety Act is in many ways the elder brother of National Security Act
even though the earlier applies only to Kashmir while the latter does to the
whole of India they are both different types of preventative detention laws. Now what
are the preventative detention laws, they are lot like the movie Minority Report
where people are arrested for crimes they’ll be committing in the future, yes!
it sounds wrong, than it is, because these laws are indeed very wrong. The long list
of problems associated with the NSA and PSA the most prominent one is the
subjugation of people’s constitution guaranteed rights, basic rights such as
reason for arrest and the rights to legal representation are
not only delayed but sometimes even denied. The problem when these laws is
not just a civil rights violation but that they are actively misused by the successive governments from Congress to BJP The diverse background of the
people such as former Chief Ministers social activists and ordinary
butchers will tell you more about the misuse of these laws than anyone ever
could. Number 4. Emergencies. India is in many reason nation defined by Emergencies. From Indira Gandhi’s National Emergency to the common place state emergencies. It has
slowly become a fabric of the Indian democracy although emergencies are a
part and parcel of most democracies and most countries have at one point or
another employed its different forms but most of these emergencies are granular
in their approach and not at all all encompassing or as commonplace as
Indian national and state emergencies the main problem here again is the
misuse of the law although Indira Gandhi’s emergency shines the perfect light over its misuse, there are countless other examples of state emergencies being
imposed solely on the basis of political benefit number three defamation laws. In general
one could argue that defamation laws are disproportionately oppressive to the poor. Even though they are essentially oppressive one may find their role in a society. The
problem within them defamation law though is not just oppressive
like the rest, but that even telling the truth is not a good defense. Telling the
truth should be the best defense in any defamation related law or any law for
that matter which is the case in most of the countries. The public good though is a good measure shouldn’t be the only deciding factor which is apparently the case in
Indian defamation law. number two sedition laws. sedition laws much like
the National Security Act is nothing but a remnant of British colonialists
oppression since it was used at the time to keep Indian people under an
oppressive British regime. This law stands not only in stark contrast to the
freedoms guaranteed by our Constitution but they’re also an outright violation
of Indian democracy and unless we talk about Sedition law and its
implementation the better it is. The governments after governments have
flaunted the precedent set by Indian Supreme Court on the matter. The Supreme Court has always been clear that sedition amounts to incitement to
violence and the consequent ensuing of violence. number one the number one issues not any
particular act or a statute but the general operation of machinery may that
be the lack of the judges or the implementation of laws but there are
cases where laws are implemented incorrectly by the state despite having
a clear precedent in place such as sedation laws,
teen Talaq, anti-terrorism Act or even Babri Masjid verdict and
demolition and lasted. The problem with judiciary from their tacit support of
emergency to the handling of land reforms, from the handling of certain
high-profile death sentences to the open public appeasement. Indian judiciary has
a lot to answer for. All in the end law like most of the things has always been
impartial to the power and India is no exception to that, though there may be a
lot of issues with our law but this is all we have so we should all do what we
can to improve our legal system and it starts with every individual. The more the people would come to know about the laws the lesser would be impartial vagaries of
our system.

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