Friday, 23 May 2014

Cut case pendency, amend Section 377, finalize Lokpal

Akey challenge before the Modi government on the legislative front is to counter the apprehension that he would make the Indian democracy more illiberal.

Will he reverse the UPA policy of allowing diversity in sexuality? Will he, taking advantage of UPA's failure to pass a law against torture , ignore India's obligation under an international treaty?


As a votary of good governance, will he really address UPA's failure to introduce a model police law in Delhi? A short list of the legal, judicial and administrative reforms that should be taken up on a priority basis:


Modi's avowed policy of downsizing the executive does not apply to the judiciary. For, the judge-population ratio needs to be improved by increasing budgetary allocations to achieve the necessary five fold augmentation.


The case pendency problem can be brought down through Chief Justice R M Lodha's radical proposal of keeping the courts open 365 days a year. The government should call a conference of chief justices and law ministers as a prelude to its implementation.


The first abortive attempt to dismantle the existing in-house system of judicial appointments and accountability was made by the Vajpayee government . As the Manmohan Singh government too failed to push through the necessary laws, it is incumbent on the Modi government to realize these muchneeded judicial reforms.


The retrograde step of increasing the age of consent from 16 to 18 should be undone.


Defying the political gang-up , the government should amend the law to make it mandatory, as envisaged by the CIC, for all political parties to set up the RTI machinery to respond to queries.


Overturning the Supreme Court verdict, the government should amend Section 377 IPC so that it penalizes only nonconsensual gay sex.


The sedition provision needs to be amended while the even more anachronistic blasphemy clause needs to be scrapped.


Lokpal needs to be complemented with a law on public grievance redress.






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