Systematic Abuse of the System
Everything is hunky-dory. India belongs to people of India. But the naked reality is netas control the life of the common man by abusing the system systematically
By Mukesh Sharma
What is law? Professionally, law can be described as ‘perfection of reasons’. Any act against the law is a violation and that attracts the penalty/punishment. And the corpus of law creates the system where equality before the law is suggested; nobody is above the law; law takes its own course; there is rule of law in the country. However, it’s all book/table talk. On the ground, the system created by the law is ‘lawfully’ abused by the political dispensation so called government - the wily netas who are at the helm of affairs, have enough leeway to tweak and twist the system to serve their own interest and narrow ends. Resigned to fate, the common man who has no say in the system, accepts it out of no option.
All the human acts which fall under any category of crime from Section 1 to 511 as defined and described in Indian Penal Code (IPC) 1860 postulated and penned down by the genius Thomas Babington Macaulay, constitute the crime - cognizable or non cognizable. It is known as Substantive Law. Further, how State can proceed against an act of crime, has been spelled out in Criminal Procedure Code ( Cr Pc). It’s called Adjective Law. What constitutes evidence against an act of crime which is acceptable in the court of law, is given in Evidence Act. Further the judgment passed by the Appellate Courts - High Courts and Supreme Court in any case, sets a precedent and becomes an Established Law creating a binding on Lower Courts too. The genius lies in manufacturing reasons. The inability to think beyond the reasons makes one accept it as his/her destiny. Nothing rules the human psyche like the reasons.
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| Netas Abuse the System |
In the name of the system, hydra-headed government also has scores of ‘hands’ like proverbial Ravana; it can reach to any ‘target’ however far it is. Each hand is vested with purposeful special powers to perform the ‘lawful duties’ - Local Police, Crime Branch, Economic Offence Wing(EOW), Enforcement Directorate ( ED), National Investigation Agency ( NIA), Narcotics Control Bureau (NCB), Income Tax, Directorate of Revenue Intelligence (DRI) etc. Netas can ‘amputate’ or ‘attach' the hands. These long "hands’ have the expertise in manufacturing the reasons to nail down their 'target' with all impunity – no punishment if the ‘target’ is wrongfully arrested, implicated or framed. By the time the hon’ble Court reaches to the conclusion that the ‘target’ is not guilty, the life of an innocent is already devastated and doomed beyond ‘repair’. Moreover, only netas in government have powers to nominate or remove the ‘head’ of each ‘hand’ and these ‘hands’ act as puppets in the hands of netas. The cases to prove the veracity of these facts are numerous.
Obviously, no crime can occur and flourish without the direct or indirect support of the long ‘hand’. It is like a case where a young man and a woman are allowed to have ‘romance’. Even when a child is born, long ‘hand’ looks the other way round. However, if the ‘relationship’ is exposed by the media, of course, with some vested interest, long ‘hand’ turns ‘duteous’ overnight – child is rated as illegitimate. The poor man is charged with rape; the woman is sent to naarineketan for further chastisement. Here, the system is FIR first investigation later; hang the accused first and hear him later. It’s a fact that the criminal justice system prevalent in India which is, allegedly, coercive and suppressive and propagated by the Britisher with ulterior motive for their subjects (Indians).
The next indispensable part of the system, the overburdened and understaffed judiciary is allegedly in shamble. At lower Courts cases drag on for years. Justice delayed is justice denied. Netas can get the gates of SC/HC opened even in the dead of night where this ‘sanctum sanatorium is, unofficially, beyond the reach of the common man. At district level judges are appointed through competitive exams, but they are promoted to HC/SC through a so-called collegiums comprised of senior judges and netas – people contend that it’s difficult to believe that it is free from all kinds of bias and prejudices.
Political parties are the necessary evil in so-called democracy; the most of such parties are headed by a loud-mouthed and rough spoken neta so called ‘president; the party is run like a private company where baton is passed on to the legal heir of the president – all family business. Steeped in corruption, these parties amass wealth through unquestioned and unexamined tax free ‘donations’ in the multiple of 20k and through undisclosed multiple sources. When in power, big companies and even nationalized banks give ‘donations’ to the NGOs, run by the political parties’ family members. Each has hundreds of crore in its coffer to organize and play the ‘game’. Plethora of political parties, evidently, have marred the democracy. Since there is no free vote, the legislative members of these political parties in Lok Sabha/Rajya Sabha and State Assembly act like ‘gangs’ – follow whips and party line – no debate or discussion – a roadside like row can be witnessed in the temple of democracy. Better to call these parties as the ‘pall bearer of democracy’.
The media which is eulogized as the Fourth Estate is partisan. The most of the newspapers/TV channels side with one or other political party according to their vested interest; they are no longer surrogate of public opinion; they are the mouthpiece of netas only. They bark and bray for their favourite neta/pol party only. Even if they expose something, they do so with a specific purpose/motive - bring discredit to opponents of their ‘god father’.
Education system based on format and rote learning is also controlled by the netas. Scratch any private institution, one would find a neta underneath. Right from school to college and professional courses, it is all a lucrative business. The way the private universities have mushroomed over the years authenticates the fact. It is alleged that degrees are up for grab for a price.
The ever struggling and squirming, the hapless student community always remains at receiving end. According to NCRB data, over 10,000 students committed suicide last year – average 28 lives are lost each day. Students allege a lucky few who have well wishers at high places manage to get into government services, and the rest end up being a ‘fodder’ for private companies - no appointment letters, just offer letter, 12 -14 hours work and no other benefits – well ‘managed’ authorities sleep comfortably on the complaint if a harassed one dares to make complaint. That is why the meritorious students, who have resources, wish to settle in US/UK/Canada – brain drain is rampant.
Just 15-20 giant business houses hold the strings of economy of India – GDP, Share market, fall and rise of economy – majority of people are not in the loop; unofficially over 60 per cent populace is below the poverty line struggling for their daily bread. The false promises by the netas for potable water, roads, toilet, modest house, loan, loan waiver and other petty sops – all bare necessities make the wily netas win election after election with no change in the plight of the unblessed masses. It is argued that if India has Rs. 100 out of which Rs 80 are with 20 percent people, and Rs 20 are with 80 percent populace – root cause of crime in India.
The banks too are important part of the system. Its open secret that all big banks advance loan with many ‘concession’ to big names only. A common man cannot get a loan of few lakhs without good ‘understanding’ with the manager.
Except a few exceptions, medical facilities are worst, particularly, in government run hospital. It is alleged that with job security and no accountability, government servants behave as if they are master of public; they are scared of the netas only. The poor populace is always taken for a ride. Medicines are prescribed on the basis of ‘rational therapy’ – no negligence case. Medicines are sold over the counters. Big pharmaceuticals companies mint money. They can ‘manage’ any ‘authority’ with the ‘cuts’ at different levels. In this corona time several cases of malpractices/medical crimes have been exposed accidentally and reported. But who cares. Game goes on and on , allegedly, with the 'blessings' of netas.
Under the system, it is not easy to start a business unless one has political and social clouts. If one dares to start, one must learn how to ‘manage’ and ‘feed’ the ‘predators’ – Police, local Municipalities, Electricity department, Income tax, etc,. For each Rs 100 earning, one has to cough up Rs 60 and be content with Rs. 40 only. It is systematic ‘official’ loot.
There is no effective grievance redressal mechanism. The most of the vet departments have outsourced it to ‘BPOs’. The complaint of a complainant is usually forwarded to the same official/ department against whom one has complaint. The official concerned / department concerned files its explanations, and the copy of that is forwarded to complainant and chapter is closed for good. One keeps banging against the wall.
Everything is hunky-dory. India belongs to people of India. But the naked reality is netas control the life of the common man by abusing the system.
