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PDF Editor FAQ

What’s the weakest part in Indian law nobody is bothered about?

The weakest part of Indian law is that it is entirely divorced from the will of the native people of India, and is forced on them at the pleasure and for the personal pelf of politicians, journalists, police, lawyers and judges alike.We have Jallikattu, Kambala, Deepavalli, Holi, Sabarimala, Shani Singarur, Kukke Subrahmanya, Tirupurakundrum, and Kohlapur as classic examples apart from the loot and plunder of heritage savarna temples by the Indian State which enforces its ideas of what “hindooism” is ( a defunct nationality of the Sindhu river valley resurrected as a legal fiction of a religion by the British to describe all the native (non alien) religions and cultures of India), on its serfs. Both self appointed (Judges) and elected (Legislators) law makers make laws about anything they known nothing about, a fiction, and gleefully force it down the throats of those who do not subscribe to their fictionHere is something I wrote a few years ago:The assumption that lower courts have any morale to be demoralized is nonsense. This is routine stuff now in a culture that has ripened over 65 years. In India the only source of “morale” left is money amassed through extortion. The lower court cognized a criminal case in which I am the complainant/victim on the basis of a sworn affidavit enclosing hard prima facie evidence.The High Court stayed it before the trial could begin. Perhaps in deference to the wealth and influence of the accused and the lawyer representing them. Several years and Judges passed. Judge after Judge attacked my lawyer and humiliated me (the victim) in open court attempting to force the lawyer to withdraw the case.Finally, based on disputed averments and documents admitted directly by the High Court in contravention of laws and in disregard of both facts and law, a Judge who alleged, in open court, that I am a vandal and a drunkard, and that the laws of India need not be applied as this is neither UK nor US, quashed the case.I had to pay the heavy fees demanded by the Supreme Court for its officers only to be told that they will not interfere in this case in which the Supreme Court's own directives that the High Courts must not interfere in lower court proceedings had been flouted.It is also in the nature of India's criminal Governance, from the Committees of Clubs, to District Forest Officers, to every cog in India's wheel to abuse power and deny rights to citizens through using the Indian "Judicial" System. This is furthered to a great deal by the incompetence, corruption and ponderous arrogance of the judicial system and because the abusers of power utilize the resources and money that belongs to others to abuse the juridical system and oppress their innocent victims.There is no accountability or conscience. None at all. The judiciary have been enabled to be unaccountable to notions of law, equity and fair play by the executive and superior courts through social engineering appointments and immunity from impeachment among other things and by the Constitution that has enshrined exceptions to both the Rule of Law and Equality under law in the Indian Constitution.Apart from eroding competence and integrity, the resultant culture has bred insouciance and arbitrariness of a very high order. The deleterious effect of this on the National character has been as extreme as the corrosion of education for political convenience. Today the Courts are defenders of the four important principles of any Banana Republic, "Just because you did it does not mean you are criminal", "Just because the statute book says so, does not make your actions a crime", "Evidence lies in the perception of the judge", and "Just because you did not do it, does not mean you are innocent".In a maturing culture that was set in motion in 1949 by Nehru and Ambedkar who plagiarized the "Government of India Act (1935)" and inserted in it inequality under law (anathema to a democracy) and exceptions to the rule of law (anathema to the idea of a republic) and different laws for different religions, castes, tribes etc. (anathema to the idea of “secularism”), there can be no exceptions to the chaos of ambivalence and perpetual civil war with which the Politician-Bureaucrat-Police Man-Judge-Crony-Vote Bank Kleptocracy subverts the resources of the State to their personal pomp, pleasure, pelf, perversions and perpetuation.A successful reduction of what was a great power in 1947 to something below Sub-Saharan Africa and Nepal on the Human and Social Development indeces. The signal achievement of the "Reservations-Corruption Raj" that slices and dices laws and opportunities for education, employment, promotion, and even the right to contest election by religion, caste, tribe, gender and all the sociometric groupings necessary to maintain a Third World Banana Republic in its state of inhuman darkness. The Nehru and Ambedkar cabal concocted a Constitution to circumvent morality, ethics and propriety and oppress their champions rather than uphold such Non Marxist-Leninist-Fabian-Dalit-Secular-old fashioned notions.How does the National Security Act of 1880 work? Has the Indian government imposed this act on anyone to prevent the spread of coronavirus?The lock down in force and the Police excesses such as Gestapo and Jacobin barricades, threats of confiscating vehicles, barricading roads and leaving them unmanned, and so on and so forth on respectable members of the community (i.e. Non Moslems and Non Moslems alone) flows from the opaque empowerment, of an already far too “For Government-By Government-To Government”, Government in this Act.The completely corrupt and incompetent Executive of the Indian Rapeublic resurrected this Act as a precaution in the event that somebody gets any one of India’s completely corrupt and incompetent Judiciary to clear its throat on this matter by raising theoretical and hypothetical aspects of the Indian Constitution which have been abrogated long, long ago by the Executive in cahoots with the Judiciary.Today both the Executive and the Judiciary are defenders of the four important principles of any Banana Republic, "Just because you did it does not mean you are criminal", "Just because the statute book says so, does not make your actions a crime", "Evidence lies in the perception of the judges and the cops", and "Just because you did not do it, does not mean you are innocent".So the resurrection of this law was not really necessary. The Indian State could have got away with its atrocities as it has since 1947 for the lock down period without this prancing and gesticulating as if, in some way, it still has a semblance of lawfulness left to claim!For example:(a) Fundamental Rights of Articles 14 and 15 that were abrogated by Ambedkar in 1949 to steal from the "haves" for the "have lots" in the name of the mythical "have nots" on the basis of caste, tribe, religion, gender, language, geography, majoritarian voting muscle, and proximity to power which have been steadily growing in collusion with India's corrupt and incompetent judiciary lacking integrity, have not been done away with but rather remain the leit motif of the Indian Rapeublic.(b) Fundamental Rights of Articles 20 and 21 which have been abrogated by exercise of sheer State callousness such as the non availability and non affordability of Legal assistance and the rule of law have been allowed to drift. For example Nehru's law of 1959 which took away the rights of the tribals to forage and thoroughfare through the forests of the Himalayas, Western Ghats and Dandakaranya,, has seen more than 80, 000 tribal incarcerated in cages like animals by forest officials for decades. (I was told this by Gopal Pillai when he was the Home Secretary). This law has contributed more to the growth of Naxalism and Maoism than any other PANGOLIN* law. or even Nehru's "social re-engineering” of the North East which has done little ought than further the spread of Christianity and insurgency.(c) The abrogation of Articles 25 and 28 of the Constitution in 1959 by Nehru who confiscated the Temples, treasure, lands, water bodies, educational institutions, gymnasiums and other commonwealth of the Brahmana led Savarna Arya and did away with their religious freedoms in gleeful consort with India's alien inspired and educated Judiciary have been continued ad nauseam by the Indian Rapeublic.Modi, walking in the foot steps of fellow Gujarati Morarji Desai, has simply trashed Article 18 of the Constitution to accept, not one but, several titles and awards from Foreign Governments!You may find these interesting:Suchindranath Aiyer's answer to What is the level of corruption in the Indian judiciary? Is something wrong with Indian judiciary?Suchindranath Aiyer's answer to Why do Indian courts take so much time to pronounce a judgement on land dispute cases?Suchindranath Aiyer's answer to How do Indian judges take bribe from political parties, politicians, government departments, government employees and millionaires to give judgement in favor of them?Suchindranath Aiyer's answer to Why is the judiciary called independent?Suchindranath Aiyer's answer to What is your opinion about Supreme Court striking down adultery law under section 497 IPC?

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