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Rule of Law: A Way Forward

RULE OF LAW

Social Contract theory can be assumed as a rightful tool for society and its stakeholders if justice, equality, freedom, and liberty are to be attained in the society. Justice theories, media sectors, natural justice, distribution of rights and other such tools can play an important role in delivering the end justice of Rule of Law. This article particularly discusses the Rule of Law within the framework of another such system through which welfare state can be attained. Understanding Rule of Law, Rule of Law in the perspective of feminism, public figures in respect of Rule of Law, Realistic school of thought in respect of these two variables and concluding statements shall be the chronological structure of this article. As a contributory author for this theme, I would like to express my gratitude to all the teachers, peers and people who made be competent enough to present my views through these studies. 

The concept of Rule of Law started from the time of Aristotle in the 4th century where he discussed the notion of participatory governance and the spirit of the law as an essential concept of a progressive society in his famous book, “Politics”. Landmark happening around the world such as the development of Magna Charta, Delusion of Divine Theory, Notions of French Revolution, Bill of Right, Judicial Precedents like Entickvs Carrington, Evolution of Justice theory by John Rawls and AmartyaSen led to the structuring of Rule of Law in a very rational and societal way. This is the reason why, Rule of law is read in a holistic manner which includes Equality of law, Spirit of Law, Written Law, Separation of Law, Judicial Review, Discectomy use of Power, Voting Rights and much of the principles which come under the common purview of Democratic Value. This makes today's legal and political thinkers consider Rule of Law as a standard tool for determining the sense of good governance in the nation. World Justice Project has developed the Rule of Law Report which reflects the position of Governance, Transparency, Human Rights and Democracy in states. Rule of Law has a great influence on the legislators, policy framers and jurists in determining the flow and role of legal morality in the society. Equity principle states that equal should be treated as equal and unequal as unequaland it should be the subject matter of beneficiary of discriminatory laws to achieve equality in society at the social, political and economic levels. Such an approach cannot be considered as a violation of the Rule of Law but as an exception for the Rule of Law. One of the stakeholders of such discriminatory laws are women, who are entitled to get the benefit of sexism as an integral part of the society.

The approach of feminism had been studied and taken into account by Marx, Fuller, Locke, and many other political and realism philosophers. Political philosophers have talked about Gender Equality, Women Empowerment, Rights to Women, Female Health, Education and Realism Philosophy theories like Ying and Yang, Anima and Animus, Prakriti and Purusha, Ardhanarishvara talks about feminism and masculine nature as an imprint of Human Behavior and Natural Science. Both these studies strengthen female rights. The lawmakers and law interpreters have taken into special consideration a female-centered approach. UN has a separate department for regulating women's affairs named as UN WOMEN. These legal and public approaches have contributed more to creating and developing equality in society and rousting the rule of law. It is fair, reasonable and just to promote these approaches.Equality in all matters can be achieved and that can consequently lead to a better justice distribution system collectively which can bring a stable democratic society forward. But this approach can be misused in the name of equality, sexism, and rule of law. The penalization provision such as the Malicious Prosecution role of Fair Police Administration System and Unbiased Rational Public Psychologies can help in curbing such misuses.

Another important perspective of checking the position of rule of law in any state can be the role of public figures in determining the context of the essence of a basic democratic state. Public Figure is anyone who is in the position of determining the public psychologies through his act and great impact through his role. The power may be of any such section-political, social, economic, expertise and technological. Through the access of such power(s) they create an impact in society at large. For them, rule of law can be seen from two perspectives, first- their action which determines the flow and lifestyle of the public at large in society, second- the lifestyle or products through which they are advertising the ideology they sell, need to be checked from all aspects which includes health, morality, cultural and democratic values. Through this influence, the context of Human Rights, Democratic Society and Rule of Law can be deduced.  Proper check and balance systems should be codified for previewing their actions. Another perspective is keeping public figures within the limits and boundaries of the superiority of legal spirit. It means that public figures should be the subject matter of legal and justice provision. The power which they have in society should not be considered as a valid source in determining the legal justice system and policy distribution system. If these perspectives are taken into concern seriously, then the rule of law can be protected and promoted. The ongoing example of these variables can be seen in our world very frequently. Two months before the documentary named,“Nation of Sons” by Netflix Production was released that showcased the legal cases which have been filed by women against men for malice intends shows how females are using their protective law in harassing men. On the same hand, womenin remote village areas are still unaware and untouched with legal privileges. These two extreme phenomena show failure in the execution part of the legal provisions that needs to addressed in taking forward the Rule of Law. Another public figure case that is more prevalent around the globe especially in India is the case of Salman Khan, where he had committed legal wrong and has yet been given justice through the judiciary. Cobra Investigation which is an independent investigation house found out through their investigation that big celebrities give consent for spreading false propaganda in society.This investigation reveals the truth of public figures and also how the rule of law has been ignored by them. It’s not only limited to this case. MukeshAmbani got Grade A for his Jio University which was not even been contrasted. Another example of this can be seen in the case of a Minister where the Administrative Officers were shifted from one Carder to another for the performance of their functions. A recent case in UP during the General Election where an ex-Army person applied for Election Ticket but got no response from the Election Commission of India for no good reason. This case shows the nexus between the political and economic players who violate the spirit of the law with each other’s help. Public Figures like Aamir Khan, YogendraYadav, ArvindKejriwal, and many such people promote the idea of transparent and accountable government which certainly promotes Rule of Law in a better sense. Directors, writers, and artists through their work show both the faces of feminism and Public figures through which a better understanding of their roles and influence can be understood in a clear frame of context.

Among all other stakeholders, Feminism and Public Figure contribute to Rule of Law and Good Governance but also those who are violating it. It is put in such a way through which one can be favored and others can be criticized. It is the set of people, set of loopholes and set of unjust through which Rule of Law is being put down. The only way forward for Rule of Law is to be structured in such a way where conflict of interest is harmonizedand the distribution of rights should be in such a way that it enables us to provide and distribute the upcoming challenges in the global modern world. The democratic welfare state and community rights should be the prior context in fulfilling the standards of Rule of Law. Equality and Liberty with progressive manner for good transparent, accountable and authentic governance should be adopted.    

 

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on 25 March 2020
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