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when it comes to ending a practice such as, say, animal sacrifice, persuasion
and education and not use of force against strong public sentiment, are called
for. The problem in such cases is where to draw the line. If a law is violated with
impunity, even if it is a minor law, should the State remain a mute spectator and
condone violations promoting a culture of lawlessness? Or, should the State risk
triggering a major public order crisis in its effort to enforce a law whose gains
are minimal and risks are huge? The answer lies in two broad approaches. First,
the State should resist the temptation to over-legislate except in crucial areas
which constitute the essence of constitutional values or prevent significant
public loss or promote vital public good. Persuasion, public education and social
movements are the desirable routes to social change in such cases. Second, if
such laws do exist, effective enforcement on case-to-case basis through
prosecution of offenders is the better route and not the thoughtless precipitation
of a public confrontation. If indeed a confrontation is called for, there must be
adequate preparation, sufficient deployment of security forces, massive public
campaign and preventive action in order to avert major rioting and loss of life.
2. large number of communal riots have their origin in religious processions.
Sometimes, religious processions become a show of strength for a community
and the organisers of such processions deliberately wish to take the processions
through communally sensitive areas. It has been observed that when such
processions pass through sensitive areas, even small incidents, accidents, or
rumours result in outbreak of major communal violence.
Processions can be regulated under the Indian Police Act, the State Police Acts or
even under crPc. Processions, especially religious ones, should be regulated and
properly escorted
There is a strong case for levying exemplary damages on organizations or
individuals found to have instigated rioting and group violence. The punitive
fines may be in proportion to the damage caused and its proceeds disbursed
among the victims.
Section 144 crPcempowers the Executive Magistrates to impose several kinds of
prohibitory orders. This is a very effective tool in the hands of the administration
to prevent outbreak of violence.
As prohibitory orders have far reaching consequences, they are sometimes
challenged in courts of law. It is therefore necessary that the orders are correctly
drafted. Executive Magistrates should be properly trained to pass orders which
can withstand judicial scrutiny
As prohibitory orders have far reaching consequences, they are sometimes
challenged in courts of law. It is therefore necessary that the orders are correctly
drafted. Executive Magistrates should be properly trained to pass orders which
can withstand judicial scrutiny
We have been all the way to the moon and back, but have trouble crossing the
street to meet the new neighbour. (His Holiness, The Dalai Lama, The Paradox of
Our Age)
There is a saying in the Old Testament (in the book of Ecclesiastes) that nations
without vision will perish. Another equally profound saying is that nations and
organizations cannot have vision if the people in them do not have visions.
These visionaries seek the answer that American theologian Reinhold Niebuhr
sought in his prayer, Oh God, give me the patience to accept the things I cannot
change, the courage to change the things I can, and the wisdom to know the
difference.
A much more effective and accountable system of governance. A theme
emerged was, apna paisa, apna hisaab (our money, our account), and a
complementary variant of this, apni mehnat, apna hisaab (our effort, our
account).