'Every action has an equal and opposite reaction'

The physical universe is governed by laws, not law of the land or state, but by scientific laws that are rational and logical. These laws were brought into existence after extensive study and substantial proof to support them. And hence we have accepted them. In physics when a single particle disobeys a law it's subjected to intense study, and the law maybe rewritten, in nature it leads to a new avenue of evolution. If our law, which dictates our behavior, is broken we are punished.

We are all human and we are prone to error. Let’s face it, the laws of physics too are written by us and we are infinitely more complicated than a single particle. We each react to the same situation in different ways, to make laws that are applicable to all of us is therefore more complicated. The law does exist despite all its flaws. But is imprisonment the solution? President Roosevelt of America once said “Speak softly, but carry a big stick”, he was referring in many ways to human nature itself. Punishment has always been a part of how we maintain order in our society. Law makers, make laws to make our lives safer. Today we live in a world where we cohabit with terrorists, arousing mere suspicion is a crime that warrants punishment. Doctor Haneef’s case is the latest where anti-terror laws were used with little to show for our safety.

Crime, the world over has increased ten-fold. One could argue that with better technology it is harder for criminals to escape the law. Politicians the world over are “getting tough” on crime. Harsher sentences are being handed out, often for small offenses. Yet crime rates are rising, this shows the system is not working. Instead our jails are filling up, resources could be dedicated to progress - provide the offenders with shelter, food and clothing. The problem with the system as I see it is that it is a reactive system. A crime is committed, society is outraged, and it reacts by showing the criminal its wrath. Who is a criminal? Was he/she not a part of society at one point, before they broke the law? The time to be proactive is now. Can we prevent crime, without carrying a big stick over our heads? Maybe not, that would be a bit idealistic, maybe a bit intrusive. So what do we do? The answer isn't easy; education plays a big part, perceptions another. The latter calls for us to change the way we look at criminals. Criminals shouldn't be considered misfits, or as unwanted elements as they are. In Fyodor Dostoevsky’s novel Crime and Punishment, Rodion Romanovich Raskolnikov the protagonist deals with his demons and finally confesses to his crime. His ordeal is punishment enough. Again maybe this seems a bit idealistic to believe that one's conscious is punishment enough. There are cold blooded mass murderers out there who show no sign of remorse. This needs more study, what goes through their minds, is it genes or their surroundings, the circumstances that they have been in, which creates them.

Handing out life sentences, capitals punishments or sentencing them to jail is not the solution. Justice delayed is justice denied. Let us take the case of Sanjay Dutt, his verdict was given after 14 years of the crime being committed. For 14 years, he has made a notable contribution to the society, and has been A role model to many. Munna Bhai, Lage raho! Is it fair then to sentence him to five years of prison, now? The law does not consider what is fair, just what is right; a new system should be empathetic. Under trials in this country face nearly endless amounts of time in jail, simply wasting away, awaiting a preliminary hearing. This must stop, we need to quickly review our jails, statistics on the number of under trails in this country are sketchy at best. There are no checks and balances in place to ensure that law enforcement agencies do their job. Ironically the Indian police are considered second only to Scotland Yard, in terms of number of cases solved, but least we face it statistics lie. Human rights violations in this country are comparable with states like China. Compensation is unheard off. Justice is blind; she is the same to all rich or poor. In our country, I am ashamed to admit our jails are full of people awaiting trail, we have murderers and bandits in parliament. Blue collar crime is rampant. A mere slap on the wrist for the politician, the banker, the accountant who stole a core, a life of misery for the pickpocket who stole five hundred.

In conclusion, the system is not perfect, it is slow and inefficient, and often fails us. Murderers sit in parliament, and petty criminals are turned into hardened criminals in jail. The answer is complicated, first the government must make the courts more efficient, they are duty bound to do so. Checks and balances regulating the police are a must, allowing the CBI to be autonomous would be a step in the right direction, more independence for them would allow them to work better. The Indian Penal Code should be re-examined least we face it, it is a British relic, and should be adapted to our modern state. Education, every citizen of this country should be aware of the law, and their rights within the limits of the law, how to get relief from the court and so on. And finally reformation, this is probably the toughest part, society must try to re-integrate convicts, it is not easy, and it means giving them a second chance, a chance to lead a life with dignity. This is our right, the right to live with dignity, the law didn't take it from them we did, so who's the criminal now?