The article is written by Shreya Pandey from Banasthali University, Jaipur. The article analyzes the efficiency of strict laws as well as of better implementation of laws.
Table of Contents
Introduction
The main aim of enacting laws, rules, and regulations is to establish peace in the society where every person feels safe and secure. Laws are enacted to lower down the crime rates in the country and bring fear in the mind of potential offenders to not commit the crime. However, it is observed that neither the crime rates are getting reduced nor the criminals have any fear of law. Therefore, it is very important to make amendments in law to establish peace in the society again. The laws and its implementation require reconsideration. Even though there are punishments predefined in the laws still people commit those crimes. It could be understood from this that the laws need to be more stringent which deters the offenders to commit the crime.
Effects of enacting strict law
The laws enacted by the government are lenient and that is why people are not deterred from committing crimes. The strict laws are mandatory to bring fear in the mind of the potential offenders so that before committing the crime they know that they have to bear severe consequences. It is important to establish fear in the mind of the public against any crime which can be created by enacting strict punishments. Strict punishments do not mean that for any petty offence a person would be punished severely but it means that the punishment must be in such an amount that the wrongdoer must not dare to commit the crime again and any potential offender gets frightened by understanding the consequences of his act. There must always be proportionality while giving punishment to an offender so that neither it is too severe that he has to bear more than what he did nor so less that he doesn’t fear before committing it again.
The effects of enacting strict laws are:
- Deter potential offenders- The aim of providing punishment is that the others who can commit the crime in the future understand that they will have to face the same consequences and so they do not dare to commit the crime. This would help in decreasing the crime rates in the country when others will fear from committing a crime.
- Prevent repeating offenders- When there are no strict laws provided for any offence it will not create fear in the mind of the wrongdoer and he will feel free to commit it again and again as there is no such fear of facing bare consequences. To decrease crime rates the key is to stop repeating offenders. The repeating offenders are those to commit crimes to go to jail and when they come out they again do the same. They are neither apologetic nor fearful of the law enforcement authorities. These kinds of people are toxic for society as they are left with no fear, emotion, and humanity and can do any harm to the public. Thus, stricter laws would create fear in the mind of the offenders so that they do not dare to commit similar crimes again.
- Create peace in the society- Enacting strict laws would create fear in the mind of the public and they will not commit a crime against anyone after knowing that they have to face severe punishments. This would decrease the crime rate in the country and establish peace in the society.
Effects of better implementation of the law
An efficient implementation mechanism is important for the law procedure. A better implementation is necessary because no matter how much strict laws are enacted by the legislature unless it is not properly implemented there is no use of the written laws. The stated or prescribed laws are not going to help in any way unless it is implemented efficiently. The essential elements for better implementation are police, prison authorities, investigators, etc. The police are the ones on whom the responsibility of the security of the public is given upon. They are the ones who reach any crime scene and they are given authority to catch the offenders and produce them before the court. So it is very important that the police work efficiently to catch the offender as soon as possible to provide justice to the victim.
The effects of better implementation are:
- Gives power to the law enforcement authorities– The law enforcement authorities are the key to effective implementation of the law. Therefore power must be given upon the authorities so that they can work better and the laws could be effectively implemented.
- Creates fear in the mind of the public- Merely written laws would not be sufficient to deter the public. So proper implementation becomes important so that the written laws could be put into action. When the punishments are implemented properly the public would create fear in their mind before committing any crime because of the efficient implementation.
- Proper functioning of the judicial system- When the law enforcement authorities would work efficiently it becomes easy for the judiciary to understand the case and pronounce the judgment so that justice could prevail. The judiciary is the pillar of the democratic country on whom plenty of pending cases are burdened, due to which they cannot function effectively. It is so important that the burden must be lowered through division or a speedy trial. Better implementation of the law would lower down the burden and the judiciary would be able to function in a better and efficient way.
Strict laws and better implementation
The combination of strict law and better implementation is essential. Strict law along with better implementation would give the required result as neither strict law alone nor the better implementation could work alone to prevent crime from the society. The long procedures of the court in which the victim seeking justice for herself/himself has to wait for years due to which the victim loses hope and the accused get an escape. Such a late and lengthy process creates doubt in the mind of the public as they know that if they bring any case before the court then it is not possible to get justice on time. The cause of such doubt is lenient laws and bad implementation. When the authorities would work effectively it would help the judiciary to reach their conclusion soon and the strict laws would deter the public from committing crimes again. Both together would thus prevent crimes in the country and establish peace.
Following measures shall be taken to bring justice through strict laws and better implementation:
- A fixed time limit shall be mentioned for disposing of the cases so that the victim should not suffer much to get justice.
- A fixed punishment should be stated for the crimes instead of the minimum and maximum provisions.
- The punishments shall be given according to the severity of crime so that people will fear from committing those crimes.
- Cases such as rape, or any severe cases shall be referred directly to the Supreme Court or High Court for trial.
- Mercy petition for brutal and severe crimes shall be rejected.
- Bail shall not be given to criminals committing high-intensity crimes.
Cases where strict laws and better implementation are necessary
Usually, strict laws and better implementation are necessary for all the crimes but certain special cases require attention and speedy amendments and enactments. Giving justice to the victim and his/her parents should be given on time without unnecessary delay. For this, enacting strict laws and its proper implementation is important. The cases in which the requirement of immediate strict laws and its better implementation is necessary are:
- Crime against women– Women are the most vulnerable section of the society in India who are more prone to be subjected to crimes. Women face assaults almost everywhere at home, market, place of business, or job. There are many cases against women that have raised questions upon the existence of humanity in people. Rape cases against women have now become normal in India where such cases happen almost every day. People have been so used to rape news that they don’t even consider it important. This is not what should happen, instead, the culprits should be punished with such severe punishments that fear should be created in the mind of the culprits and future potential offenders so as to fear from committing such inhumane conditions. Although there are punishments prescribed under the Indian Penal Code, 1860 under Section 370, 370A, 375, 376A, 326A, 326B, 354A, 354D yet there is no reduction in crime rates instead such crimes are occurring every day, and sometimes the intensity of such crimes is so high that it shakes the trust of the public on humanity as well as from judiciary.
- Crime against children- There are plenty of cases of crime against children. Children are forced to work in hazardous industries. Trafficking of children for immoral purposes is one of the major crimes against children. Young girls are also sexually assaulted by their own relatives, fathers, etc. Children are the easiest target for any offender as they can be influenced and used as the offender wants to. Certain enactments and provisions such as POSCO Act, Article 21, 24, 39(f), and 45 of the Indian Constitution. Although such enactments, provisions, programs are in the country yet there no reduction in crime against children can be observed.
- Rarest of rare cases- There is news every month relating to cases that shake the soul of every person reading or hearing such news. Rarest of rare cases are those which are grave in nature. It has not been defined in any statute yet judges use this doctrine in certain cases where the intensity of graveness and brutality is so high that it distinguishes itself from the other cases. Such cases require speedy trials and capital punishment shall be given to such cold-blooded offenders. In India, the execution of persons accused under rarest of rare cases is so much delayed that justice does not prevail. In the Nirbhaya case, the culprits were hanged after seven years. In the Talwar case, the accused (parents of the victim) were acquitted on the ground of the presence of reasonable doubt. The case could have been solved earlier if the investigation would have been done properly. Such cases require quick, effective, and efficient investigation so that the proofs could not be mishandled and the real culprit gets the punishment.
Conclusion
Enacting strict laws alone could not fulfil the problems in the country neither can better implementation could. To establish peace, reduce crime, and create fear in the mind of potential offenders it is necessary that strict laws should be implemented in a better way. Thus strict laws along with better implementation would help the country to work efficiently. India’s law enforcing authorities, and the government needs to understand the situation of the present time and in respect of the increasing crime rates they should enact such laws that would deter the public and if such crime even happens then the implementation should be in such a way that the culprits are caught soon and punished then justice would prevail in its true sense.
“Justice shall prevail” is a statement which is present in all agitations, determinations, and contentions but the point is whether justice is actually prevailing where the victim or his/her parents have to struggle for years or where the accused gets acquitted due to lack of proof. The bitter truth is NO. Justice will not prevail until the procedure and investigation are quick, efficient, and honest. The justice would prevail that day when there will be no news regarding rape cases or any such case that raise a question upon the existence of humanity.
References
- http://www.mati.gov.in/docs/crimes_against_children.pdf
- https://www.ijlmh.com/wp-content/uploads/2020/01/Strict-Laws-or-Better-Implementation.pdf
- http://www.legalserviceindia.com/legal/article-726-the-doctrine-of-rarest-of-the-rare.html#:~:text=The%20Doctrine%20of%20Rarest%20of%20Rare%20was%20established%20in%20the,highest%20punishment%20of%20the%20land.
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