Saturday, June 5, 2010

Law of Layman

I have come across people with different perception about application of law at the convenience of their interpretation... Why there is different perception/interpretation of the same law in mind of the layman?


Answer could be ....What is the Layman expecting from the law? This could be the core reason of such interpretation of convenience.
Even If you know that the act done by you is wrong but still you do it because you believe that "I am wrong when i am caught", i would like to amend this saying as "I am worng when you prove me wrong".

Here the next questions comes in our mind is, Who is the "you" in the above saying? It could be the "Society" or "Community", "Panchayats", "the law enforcement bodies(LEB)", etc who are empowered by legislation or by custom/usage. To name the authorities we can say them as Panchayats, Councils, Police, DRI, Tribunals, CBI and finally the courts of justice with heirarchy governing the appeal/escalation.

The "Jurisdiction" applicable to the "wrong", depends on type of wrong and place of wrong and all such wrong are qualified as an offence, infringement, breach and so on.

The authority holding the office of Jurisdiction sanctions (decides) the penalty or conviction if proved you wrong.

The next questions comes in our mind is, In what way it will impact my life?.... can I escape from being penalized or convicted?...if you are able manage to a rightful escape at any level then though you are wrongdoer in practice but become a rightdoer in law.... unsayingly the politicians have proved it.

"NO LAW TO PROTECT BREACH OF TRUST"
The fear or convenience crops in the mind from the point you are on the scanner of the LEB/other authorities. The first thing we look for is locate a guide to find the managed or legal escape routes =>like defer the issue, pay off and get rid-off, use corrupt means or influence to come out of it, etc though to large extend all illegal (or managed legal) escape routes can be broadly acheived by two means (a) "Use of Money" and (b)"Use of Relationship". Trust here is core factor as there is no legal recovery or recourse to failure of such relationship.

The factor of trust is necessary, whether you use legal or illegal means of escape, but most of them believe that reliable is illegal means and unreliable is legal means, why? As the amount of Trust in such relationship is very high due to fear of death/penalty or ethics that they follow("Dhande ka usul");

But when it comes to legal means, transit of fear or convenience into trust raises several doubts on the person to be trusted like (1) Are you capable? (2) Will you able to convince through the LEGAL systems? (3) How long will it take? (4) When will the issue end? (5) Can he assure me success? (6) Even if he assures me SUCCESS can i believe him because there are others also who would not go by legal means or may use influence then what will i do? and so on...the series of doubt will continue like "live volcano"; SUCH doubts will have no time limit or consistency of intervals or would have no fixed frequency to raise doubts or even conclude otherwise.

The simple answer a Lawyer can give is the COURTs or LEBs/ authorities will determine and as we are on right track so lets go ahead... rest leave it to time...there are many level at which we can fight it, even if they are bias or adopt illegal means.
(OR, to cut short the doubts and discussions.... the lawyer would say...)
"I am confident, you neednot worry we will take care of it..."
The thought behind it is that if you pay well then he will demand more and if you cannot pay then he will ask you to knock the next door... as there are plenty.... to use you or please you.

We need to ask a question to ourself, are you confident that you are right then change can surely happen but needed is right attitude, a good strategy, determination, and trust in the pleader.

Always be clear with what is that you want to achieve by fighting and in what way it will help you to live your life with necessity and principles that you want to bind yourself.

I am leaving the thought incomplete here ......Happy legal living....