“Strict law is
often great injustice.”
Cicero,
a Roman statesman, attorney, and philosopher who had a strong commitment to
justice and the rule of law. But he also understood that although regulations
are necessary, they must be used wisely and flexibly since they aren't
flawless.
Now
most of you will be thinking that why am I using such statement of a philosopher.
Almost everyone is acquainted with the situation that our society is going
through after the heinous incident occurred at R G Kar Medical College and
Hospital. It’s a serious setback for everyone, thus, everyone, once again is
filled with rage against the offenders who committed such act with an ease. But,
does it really mean that our society needs stricter laws or we all are getting swayed
with emotional wants.
What
does society want?
After
this case got limelight, nearly everyone out of rage is making contention to
have more strict laws, but I want you to ask yourself do we really need them?
Reality
is that most of us are not much acknowledged with the laws that we already have
at present. People are comparing the Indian legal system with other countries
in terms of punishment, and are demanding instant punishment to the offenders of
such crimes like we have in other countries, but at the same time people forget
that strict laws will not only snatch the freedom of the citizens but also will
lead to a huge misuse of such laws, which will in turn hamper the fine fabric
of justice making the same strict laws into a tyrannical one.
Effect of strict laws
Here
are some major effects that will affect us in one or the other way:
§ Deterrence
of Crime: People may refrain from committing crimes out of
fear of facing harsh penalties under tight legislation. In certain places, this
can result in lower crime rates since potential perpetrators may be deterred by
the likelihood of severe punishments.
§ Erosion
of Individual Freedoms: Individual rights and personal
liberties may be violated by overly strict legislation. Overly strict rules can
restrict people's freedom of speech, privacy, and personal choices, making
society less free and more regulated.
§ Fear and Compliance:
People may obey the law in communities where it is strictly enforced out of
fear rather than out of respect for it. This may foster an atmosphere where
individuals obey the law out of fear of the repercussions rather than because
they believe in it, which could eventually erode public confidence in the
justice system.
§ Resistance and Civil Disobedience:
Laws that people feel are unfair or unduly harsh may spark protests, civil
disobedience, or social instability. Laws that people oppose because they
believe them to be unjust or repressive may spark conflict between the people
and the government.
§ Impact
on Mental Health: Citizens may experience tension, worry,
and panic as a result of feeling compelled to follow stringent regulations.
Constant monitoring or the possibility of harsh punishment can have a
deleterious effect on mental health, making society less liberated and more
fearful.
Need
in reality
Society
in reality is not in need of the strict laws, but, of the proper and fair investigation
which can only be done when we will get rid of the corrupt system which is like
a virus that is sickening our society from inside, and due to such system, even
after having the strict laws, it’ll be very easy for the offenders to get
escaped from their unlawful acts.
We must know that our laws are balanced by being neither too rigid and nor too
soft, for the reason being that if they are misused or if any mistake is committed
while following the legal procedure so they can reverse their decisions.
Indian criminal laws already follow Doctrine of Rarest of Rare so that courts can give rigorous punishment to the offenders of such heinous acts, if we make our laws stricter with the use deterrence then they will be easily misused against the society itself. Instead of demanding strict laws, we should acknowledge our society with the laws and should stand and raise our voices together against the corruption so that procedures can be followed smoothly and impartially without any interference from the people having political and executive power at their boots.
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