In India there is an insane rush to legislate. Every one knowing well the limitation of law somewhat wants to believe that once a law is passed the particular problem would be fixed.
The problem with the country is lack of faith in the moral and ethical order and it is a natural to a country like India that is fragmented infinitely on levels of Varna, Jaati, religious and lingual affiliations etc. The concept of universal law was brought to India by colonial British power. Before that the Islamic law was different for muslims and non-muslims, the personal law of Hindus was fragmented geographically and Varna to Jaati . There has been a steady decline of national legal frame ever since the demise of the Gupta Empire and with the invasion, assimilation and ascension of numerous tribes in the Hindu society the power and control of internal Jaati legal framework grew stronger. When British took over they almost invented Hindu law from the manuscripts and tradition, and with obvious limitations they started creation of a legal frame work for the country.
The problem with this frame work augmented later because the secular polity envisioned by the Independent India’s first Prime Minister Jawaharlal Nehru was deeply suspicious of the upholders of Hindu religious tradition and perhaps his acceptance of Gandhi also was gingerly if not tactical. Thus the legislative framework of the country developed in ethical and moral apathy. It is no wonder that people like C. Rajgopalachari, Madanmohan Malviya, Rajendra Prasad, Purshottam Das Tondon etc. were not in favour of the then progressive minded congress. A civilization that pondered over ethics and value so abundantly that it sometimes appears their sole concern started nation rebuilding without any hint of values. It was a classic example of throwing baby out with wash water. And country that had undergone devastation under repeated invasions, culturally decimated, learnt the art of inversion to such an excellence that even a most abject slave would be ashamed of. Instead obscene dream based on half-baked ideas of socialism and communism as sold to people as a way to ‘political’ emacipation.
In absence of moral and ethical values a cynical polity, bureaucracy and education system developed hand in hand, with well entrenched vested interests in its continuation. Now when any injustice gathers public attention, the issue is immediately quelled by shrill clamor for harsh legislation. The national commissions for this-and-thats to have started enjoying the nuisance value they create in dyslexic media.
There is neither faith nor conviction, all that exist is opportunism and every next person is ready to compromise upon ‘most cherished value’ for some real or imaginary benefit. And the irony is that unless character is built on values of truth and sacrifice, we will end up in creating insane number of laws and turn more people into law evaders. Law cannot substitute strength of character and conviction.
There is a need to develop a sense of superior moral and ethical value and this cannot be achieved by people who are afraid of death!
Is it really that difficult to stand up against all this and face the world on facts? Yes it is if we value life more than values.
Law cannot substitute for strength of character and conviction (Random Thoughts – Those who are not ready to die for Dharma are not living by it)
नवम्बर 3, 2009 Yajvan द्वारा
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