Sunday, April 1, 2012
News Article: Rajasthan: Non implementation of laws properly leads to problems
TNN | Apr 1, 2012, 05.37AM IST
JODHPUR: The country has adequate laws but problems arise when they are not implemented in letter and spirit and many people seek legal recourse when such problems arise. This was stated by Rajasthan High Court Justice Gopal Krishn Vyas while addressing a workshop on the issue of land encroachment here on Saturday.
"The law of India is beautiful but for the lack of implementation of the legal provisions, problems arise," he said addressing the workshop organized jointly by Foundation of Ecological Security and LIBRA India.
Justice Vyas said as far as the issue of common land encroachment in villages is concerned, people will have to make a start from their villages by sensitizing and educating the villagers for their issues and by associating them in the effort for their own benefit.
"They also need to be educated of the legal provisions, specially the Panchayati Raj Act, and the powers enshrined in these provisions to be used for development of the villages," he said.
He also stressed that besides legal provisions, duties of all in the system have also been laid down very clearly but the spirit of honestly discharging of one's duty is on the wane, which is a matter of great concern.
Referring to the intervention of the courts on the issue of public interest, former judge and vice-chancellor of the NLU (Jodhpur) N N Mathur said the court is only a catalyst with no machinery to evaluate any policy. He also said there are adequate legislative provisions but they are not implemented affecting public welfare.
Talking about the growing trend of filing public interest litigations (PIL), Mathur said a PIL should be thoroughly researched instead of a kneejerk reaction, which he termed as dangerous. He said the courts owe obligation to the people but they can ring just an alarm bell. "Once a PIL is filed, it remains between the court and the government with the petitioner merely being an onlooker," Mathur added.