Oscar Fernandes stands in contempt of ‘rule of law’

Justifying Lynching, Despite Apology, Could Fuel Lawlessness

Labour minister Oscar Fernandes is a man of few words. He did not speak when agricultural labourers and farmers were committing suicide, unable to vent their ‘‘simmering discontent’’ over their perilous financial condition.

He did not speak when a band of blood-thirsty fanatics was venting its ‘‘simmering discontent’’ in Kandhmal by killing Christians and setting fire to their houses and religious places.

He maintained a studied silence over the recent serial blasts, ostensibly masterminded by a few ‘‘simmering with discontent’’ over the manner in which they perceived their community being targeted and discriminated.

But, he chose to speak just a day after a section of workers lynched the CEO of a Greater Noida-based Italian switch-gear manufacturing firm on September 23. His statement appeared to justify the workers’ crime, which he said should serve as a warning to managements not to drive the workforce to a situation like the one at Greater Noida.

He apologized the next day, not for justifying the lynching but for the fact that his statement could have hurt some. The statement was revolting, to say the least. It flew in the face of the most ancient yet basic legal philosophy — ‘rule of law’.

‘Rule of law’ means ‘no one is above law’ and is one of the key indices that determines the quality of good governance in a country. Concerned by the growing lynch-mob incidents that represented lawlessness, President Pratibha Patil on February 24 had said: ‘‘We cannot allow a situation where the common man is tempted to take law into his own hands and subscribe to the deviant culture of the lynch mob.’’ Well, she was genuinely concerned and was doing her constitutional duty to remind the government to tighten the law enforcing machinery to bring the deviant to book.

The importance of ‘rule of law’ was given a pertinent meaning by the Supreme Court in the celebrated Vineet Narain case judgment. It said rule of law and preservation of democracy require that government agencies be compelled to duly perform their legal obligations and to proceed in accordance with law against every person involved in a crime.

India is a large country with a huge population beset with a variety of complex problems. It is difficult to find easy solutions —like lynching to assuage ‘‘simmering discontent’’ — for all problems that ail society. To find solutions to difficult and complex problems, a country requires ministers of stature who can hold a candle during periods of darkness.

‘Rule of law’ encourages free thinking, generation of new ideas and approaches, and a secure environment, for it protects everyone under the philosophy ‘no one is above law’. It means law will protect the fundamental rights of every citizen. When there is a violation of these rights, there is a forum to air the grievance — the courts.

Chief Justice K G Balakrishnan, at the recent International Conference of Jurists on ‘Rule of Law’, said: ‘‘There shall not be any deliberate attempt to deny protection of law to the citizens and they shall not be at the mercy of goondas or any element who have no faith in the law or the legal system.’’ What Oscar Fernandes said, a day after the lynching of the Noida CEO by workers, amounted to just what the CJI was warning against — unleashing ‘goonda raj’ and throwing ‘Rule of Law’ to the winds.

With Thanks from the Times of India
Source :- The Times of India 29 September 2008 P 14 Delhi
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