The Flaw In The Law
Querist :
Anonymous
(Querist) 14 April 2010
This query is : Resolved
If a layman(who is not a lawman) thinks he has discovered a flaw in a law of India, and explains to professional lawyers/ experts what he has discovered and
upon verification, analysis/research, the lawyers/experts accept that it is a genuine and valid discovery and that it is a genuine flaw, because of which hundreds and possibly thousands of citizens and their families have suffered in the past,
is the discovery worthy of being prepared in to a thesis for a Phd in law and worthy enough to be awarded the doctorate as well?
Especially in light of the fact that when the flaw is rectified no one will suffer in future because of such a flaw and those who suffered earlier would be compensated suitably.
Now to the point. I am the layman with the discovery. I invite all those interested to get in touch with me to participate in a possible forum to analyse the details of the discovery and decide whether there is real substance in it or not.
If substance is found, the sufferings of lot of people can be mitigated, one or more
participants in the forum can possibly get their phd's and let the flaw in the law stand corrected. If the forum results in an amendment of the concerned ACT, let the amendment be named after LCI(Lawyers Club of India) which provides the platform for the forum.
If substance is not found, well, call the layman a fool and forget the whole episode.
K.C.Suresh
(Expert) 14 April 2010
Keeping annonimity itself will shut down the real quest. You may search the UGC site and get the details of PhD.
mahendrakumar
(Expert) 14 April 2010
dear anonymous,
what do you mean by a flaw in indian law?
there are many laws/rules governing different matters.
I feel no law can be without flaws. as and when they are brought up,some of them get corrected.
this is an open discussion forum and come openly.
Parthasarathi Loganathan
(Expert) 14 April 2010
While appreciating the concern and good intention of the author to seek progressive methods to address the flaws in the laws, I am afraid, it would just be confined to academic purpose only. However, hon'ble courts spare no efforts when it comes to exposing such deficiencies in the law setting fine judicial precedents. One cannot generalize the issue as focus must be emphasized on specific issues for which LCI has to port a seperate link under FORUM section. In the recent SC Judgement, dismissing a PIL filed regarding excessive wastage of electricity on account of floodlit cricket matches, SC had observed that Day matches will force 60000 to bunk their offices to watch matches where it failed to understand that it is only individuals choice whether or not to see live matches at stadium. In this situation, is it a flaw in law or flaw in the layman's attitude. I fully support the author in this direction not for gaining any PHD degree but for exposing the real issues that are detrimental to the interests of the common man.
Kiran Kumar
(Expert) 14 April 2010
there could be few flaws in the Indian laws as some of them have become Obsolete and few required to be amended keeping in view the socio-economic change.
Even though we are not legislative or judicial body but we can discuss few such points, you come along with such issues....we all will discuss.
Raj Kumar Makkad
(Expert) 14 April 2010
Law Commission is a proper platform in this regard which constantly invites suggestions from general public as well as from legal professionals about all the acts and laws time and again and if you have discovered any so-called flaw in any law, get the commission intimated so that appropriate action may be made.
niranjan
(Expert) 14 April 2010
Are you talking about British Flaws in Indian laws or Indian flaws in Indian laws?
Querist :
Anonymous
(Querist) 14 April 2010
General thanks for all the gentlemen who have responded to my query and invitation
and advance thanks to those who may respond in future. This is just to shorten the salutation process and to concentrate on the topic in discussion. I am going to post sections of the matter in a series in this web-site. Kindly view them and let me know your esteemed views whether right or wrong. I will get in touch with as many of you as required at the appropriate time or occasion or at my earliest.For purposes of identification, reference and cross-reference let me name the discussion as "LAWFLAW" and let me number my postings under this discussion
from now on as Lawflaw-section-1, 2 and so on.
Sincerely,
K.Baskaran
