Legislation in an ideal democracy must not be primarily punitive or even preventive. Rather it must be creative and more directive. It must positively direct its citizen towards creation, thereby leading to peace and harmony. For instance along with 'Privacy Policy', there must also be 'Honesty Policy" - the code of ethics that directs thoughts and action. Though there are such policies in place, but they are just optional, where they must have been mandatory. In current democratic practices directions given are mostly prohibitions and protocols that must be strictly adhered to, or else punishment is the reward you get. More often than not system is trying to create a dictatorship of law, in place of peace, harmony and affluence in a given democracy.
Over years Indian legislators have kept building law and order on archaic foundation laid down years or even ages ago. As a society and polity we mourn our past more than we prepare for future in our present. Present is the space where we create history. The Indian polity and economy has tangled the legislation of these land, made it so complicated that even a well-read person is unaware of all the laws and policy that are applicable in their case. We neither know where we are beneficiaries, victim, witness or culprit, nor we have any idea where and when we can be penalised. This complication is so evident in the nascent corruption we encounter everyday in one daily life. We fear everywhere we belong go. Any place, any time we remain prepared to counter the claims and arguments laid upon us. Our defense mechanism have developed and evolved from its physical reflexes, which is now more focused on mental threats it imagines, it is going to encounter. We all have a well prepared set of counter argument ready to be launched in defense of any claim we find threatening.
Overall we live in a depleted and degraded society, where its own member claim profit from the pain, ignorance, sufferings and misery of co-residents. The privatisation in both health as well as education sector are the symptoms of this fatal illness we face on social level. We buy our existence in a so-called democratic economy, where no one feels economically safe and sound. The situation of this economic crisis heightens when government and administrations tries their best to get their hands off and delegate their responsibilities. Without responsibility, accountability does not even come into picture. The system that is responsible for nothing can easily claim its honesty and accountability because there is no liability at all.
Comment on this observation.
Legislation in an ideal democracy must not be primarily punitive or even preventive. Rather it must be creative and more directive. It must positively direct its citizen towards creation, thereby leading to peace and harmony. For instance along with 'Privacy Policy', there must also be 'Honesty Policy" - the code of ethics that directs thoughts and action. Though there are such policies in place, but they are just optional, where they must have been mandatory. In current democratic practices directions given are mostly prohibitions and protocols that must be strictly adhered to, or else punishment is the reward you get. More often than not system is trying to create a dictatorship of law, in place of peace, harmony and affluence in a given democracy.
The observation provided presents a critical view of the legislative and governance frameworks in democracies, particularly focusing on the Indian context. It raises several important points that merit further examination and discussion.
Critique of Legislative Philosophy
The suggestion that legislation in an ideal democracy should be creative and directive, rather than primarily punitive or preventive, highlights a significant shift in thinking about the purpose of laws. This approach advocates for laws that empower and guide citizens towards constructive behaviors, which could potentially lead to more harmonious societies. The example of adding an 'Honesty Policy' to complement a 'Privacy Policy' illustrates the desire for laws that promote ethical behavior actively rather than merely setting boundaries to deter misconduct.
Challenges with Current Legislative Practices
The critique of Indian legislative practices as relying on an outdated foundation and being overly complex resonates with common criticisms faced by many legal systems around the world. Such complexities can indeed make it difficult for even well-informed citizens to understand their rights and responsibilities fully, potentially leading to a sense of alienation and disempowerment. The notion that current systems create a "dictatorship of law" rather than fostering peace and prosperity reflects a deep-seated dissatisfaction with how laws are perceived to control rather than enable citizens.
Social Implications of Legislation
The observation touches upon the social consequences of such legislative practices, mentioning the fear and defensive mentalities engendered by the pervasive and often opaque legal environment. This environment can lead to a society where mistrust and defensiveness are common, which is counterproductive to social cohesion and collective well-being.
Privatization and Its Discontents
The discussion of privatization in health and education sectors as symptoms of societal illness points to broader issues of inequality and access to essential services. When such services are privatized, it often leads to a scenario where only those who can afford to pay can access high-quality care or education, which undermines the principle of equality at the heart of democratic ideals.
Economic Security and Government Responsibility
The assertion that economic insecurity is exacerbated by a government that shirks its responsibilities is particularly poignant. In a truly democratic society, the government should act as a steward of the economy, ensuring safety nets and support systems that help all citizens thrive. The lack of accountability and responsibility in governance can lead to widespread disillusionment with the system.
Conclusion
This critique encourages a rethinking of how laws and governance should function in a democracy. It suggests that rather than imposing restrictions, the focus should be on creating frameworks that guide, support, and uplift the population. Moving towards a model where legislation is both enabling and supportive could foster more engaged, informed, and contented citizens. This shift requires a deep commitment to reforming existing structures and a clear vision of the kind of society that laws are intended to create. Moreover, it calls for a participatory approach to governance that involves citizens in the legislative process, ensuring that laws serve the public interest and contribute to a robust, equitable democracy.