Policies for the Civil Law Code of India .

The Rising India Party, on winning elections, will bring in the policies laid out below that would govern the functioning of the Civil Law Code. These policies will reduce the case load burden of courts; of hearing matters that can be tackled elsewhere within the Indian civilizational narrative, thus driving efficiencies and effectiveness in the overloaded State Court System; that situation can and will be resolved through the extended Socio-Family-Peoples courts narrative. The following are proposed for the Indian public to consider:        

  1. All social and family disputes, including those relating to dis-functional relationships, ignored and harassed parents, children with various issues with their parents, sexual or social disputes involving couples etc. to a pre-defined list, must, before they are brought into the domain of the Sate run Court system, be placed before socio-family-People courts, forums and tribunals.
  2. Social disputes including land disputes, property disputes, boundary disputes between landholders, money disputes of people borrowing and not paying back, cases of cheating by partners, or family or known people would also fall initially in the domain of socio-family-People courts.
  3. The Socio-Family-People Courts / tribunals could / would be constituted on the spot for each new case or situation from designated geographic areas and may also involve members of the Resident Welfare Associations, where so ever these are formed and active.
  4. For each case, the Socio-Family-People Courts personnel would vary as these would include a representation of and other members from approved panel duty personnel. The Socio-Family-People Courts would be constituted from:
     
    1. The family members of the parties in dispute
    2. Nominated panels members by the State’s Legal system who could be a combination of police personnel, lawyers, retired judges, retired army officers of rank of Major and above, and who may be close-proximity residents of the area and could / would be empaneled for duty as the need arises for each case.
  5. Such socio-family-People courts, can be called for sittings, immediately a complaint is received on line.
  6. The complaint would be automatically assigned to the nearest police station and in case the case load at the nearest police station is over handle-able limits, the secondary system of empanelment would kick in with approved officers would be made case in charge.
  7. The complaint form would list the parties, their family members, neighbors, who may know of the matter or be involved directly or indirectly in each case.
  8. These “adjudicators” would be paid for their duty at preset case settlement rates.
  9. The hearing of such civil matters, would include parties to the dispute, the concerned families, members of their extended families from both paternal and maternal side, potential neighbors who may be aware of the matter.
  10. Family properties disputes, marriage breakups, even sexual matters are amenable to family and / or social resolutions with inputs from neutral State observer-arbitrators to help such resolution.
  11. It is the position of The Rising India Party, that most such matters are resolvable within Indian civilizational narrative of family or social mechanisms; and these fall within the processes and principles that are defined in this policy document.
  12. All such matters must be speedily heard and settled to the satisfaction of concerned parties.
  13. Only when such resolution attempts fail, would these matters be brought to the State-Run courts.
  14. Sexual matters except, cases of violent rape, need to be first placed before the families of the perpetrator and the victim and within the extended families of both parties; and including the f socio-family-People courts or the proceeding to become a legal record, based on which the matter would be taken up by the State Court system if it is called in cases of non resolution.
  15. In sexual matters, as a result of such socio-family-People courts, often, the girl herself will accept healing strategies and release or salvage relationships.
  16. Both the girl’s and boy’s temperament and role in the incident would be thoroughly examined and prone to polygraph assisted interviews / evidence before socio-family-People courts.
  17. All personal matters including marriage breakdowns, would also be placed before psychologists who would perforce be a part of the panels for arbitrating socio-family-People courts.
  18. All such cases must be tried outside the State system first and the legal record so created would become the reference point for the State or higher courts.
  19. Cases involving tenancy matters would be brought to arbitration before socio-family-People courts first and would involve the concerned parties, two approved real-estate agents, state approved
  20. Violence of any kind, including violent rape would come directly under the jurisdiction of State courts and could be tried under civil or criminal laws depending on the severity and nature of the violence.
  21. Domestic violence cases would in the first instance be placed before socio-family-People courts with empaneled psychologists who would psych-profile the offenders, and suggest treatment for the offenders.
  22. The entire proceeding of the socio-family-People courts would be recorded; both voice, video would be uses and these would also be transcribed and digitally stored.
  23. The effort would be to bring into our focus the evidence that each side wishes to present along with the statements or discussions of the parties directly involved with the matter being heard, including and their families as well as the socio-family-People courts involved in the discussion and debate with the intent of trying to arrive at acceptable settlements.
  24. Polygraph assisted interviews to broadly ascertain who is lying and who is likely to be telling the truth.
  25. These would be subject to further verification in two or three tier investigations, so as to negate the polygraph tests failures.
  26. Only when these processes have failed to resolve the dispute would the matter be brought before an official court for hearing in which case the entire process of arbitration that has been taken would be put on place on file and be used or the presiding judge to consider.
  27. The defamation law which is a survival through from the British period has to be immediately dispensed with and withdrawn from the Criminal Procedure Code and shifted to Civil Courts and Laws.
  28. Such laws will be suspended immediately upon the rising India party winning power in government and such laws that fall in the Criminal Procedure but are in essence civil matters would be accordingly treated.
  29. All laws that negatively impact on the freedom of citizens to be able to say what they wish, within the stipulation that there is not any deliberate attempt to defame persons without substantive experience or quantitative evidence, would be eliminated.
  30. False accusations that are libelous and defame an individual which can be possible within liberal rules and protections that can be defined, would include severe penalties for false acquisitions for which there is no provable evidence will attract severe penalties and costs for unsubstantiated personal attacks and defamation actions.
  31. However, if there is evidence, including statements captured by medial or mobile devices that can be proven are not doctored, or anecdotal evidence that is numerically substantive, i.e. a number of people have had similar experiences or heard similar things, in what someone is saying in defaming others, and there are others to share such statements, there should be absolutely no impediment from such being said and for the accused to have the right to defend in an open forum which is what the public is and Indian court of law and when required most.


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