Sunday, June 13, 2010

Is this the Rule in Law?

Whar confronted India on the dark December 1984 remains to this day one of the biggest questions on the Rule of Law. With the latest judgment by the court awarding a mere punishment of only two years and charging them under section 304A as death due to negligence, one of worst corporate crimes in the history of modern idea has been equalled to the stature of a truck accident. Is democracy a farce, an illusion to satisfy the intellect of those pursuing the higher ideals of liberty, equality and fraternity? The world's largest democracy promotes itself as the epitome of Rule of Law. In the international arena we encourage international investors, FDI to come and invest in the country on the promise that there is a Rule of Law, Good Governance which is where lies India's advantage over China. And then comes another blow on the head with the Nuclear Liability Bill limiting the liability of MNCs to a pittance virtually in case of a nuclear disaster. The Bill re-raises many unanswered questions that were once raised way back in 1984 in the Bhopal iso-cyanide gas tragedy. What is that Rule of Law worth that can not ensure and protect the rights of its own citizens. This takes one back to the fundamental question: what is that development worth, that India shinning like for the common man on the street who's eyes get annoyed by the glare of the shinning sun for he does not even earn enough to cover his bare feet. Is this the Right to Life and Liberty embellished under Article 21 of the world's lengthiest constitution. Is this right to Life and Liberty so poetically articulated and interpreted by the Highest Court in India through the fine pen of Justice Bhagwati and his bench including the famous Justice Iyer Krishna: Right to life does not mean a mere animal existence. It means the right to live one's life completely, to develop as a human being.

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