The New Legal System – Governing Principles – Narrative .

NARRATIVE:

The contours of the proposed new legal system and underlying principles for the setting or making of the Laws that should and would govern India are set out for the Indian people to consider.

In view of the fact that the Policies and Governance model that The Rising India Party would adopt are detailed and published before the elections for the Indian people to consider while making up their minds on who or what party they should vote for, and the kind of India they wish to live in, it is expected that should The Rising India Party win elections, it would be because the public would have voted for its proposed Policies and governance model.

Even so, The Rising India Party will put the proposed new laws and legal system up for a public referendum vote to ensure to posterity that the majority of the people of India agreed with, and wish for, the new legal and governance landscape within the larger socio-economic-political-religious landscape of India, that The Rising India Party proposes to implement. If such a referendum is won in favor of these policies and governance model, suitable amendments to the constitution would be carried out for future generations to live up to.

The Rising India Party and its vision for the laws and governing model for India, is the alternative narrative to the current, existing paradigm in operation since British rule as continued under all governments and parties, including the present BJP government.

Citizens of the Indian Sub-Continental civilization, from the Hindu Kush mountains to the tip of India, its length and breadth, for thousands of years up until the artificially created division at Independence, have lived a socio-economic-political-religious narrative that evolved and was built around an integrated dialogue, largely embedded in, and springing from, within the deep insights and thinking of our Rishi Munis, and Philosopher Kings and Emperors who lived within that narrative.

It was the cumulative impact of this narrative that brought about the long standing saying that India was the Golden Bird in the then known world, from before the arrival of Alexander the Great, right up to and including the arrival of the French, Portuguese, Spanish and the British to the shores of this civilization 400-500 year ago. This was the civilization, to which flocked people from all over the world in search of wealth and knowledge, both of which they found in ample measure. Then, we let ourselves be sold out to the “white man’s” propaganda and narrative, that they civilized us, losing our way even more than we had done for ourselves, in this programmed propaganda that was and is utter nonsense!  

Both the spiritual and worldly constructs have been perceived and practiced in an integrated frame within Indian society. The people of India, through various empires, and / or splinter kingdoms when so ever these happened on the breakup of major empires up to about 1000 AD, have always fully indulged and lived in a spirit of freedom; freedom of spirit, freedom of thought, freedom of speech, freedom of action and freedom to love whom you wished and with however many in a consensual arrangement, you loved or lived with. These are essential truths of Indian civilizational life, that changed dramatically, on the surface, with the coming of Islamic and Christian narrative, and the 200 years of British rule wherein they imposed laws designed and suited for their societies or / and for their exclusive benefit. However, even as the external frame of reference changed most of the underlying civilizational ethos and life though diffused, continued to flow to this day.

The following core principles that would form the basis of the proposed policies, laws and governance paradigm are laid out for the people of India to consider:

CIVIL LAW CODE – CORE PRINCIPLES:

Civil matters generally revolve around family disputes including those of land, property, tenancy disputes, relationship discords, sexual matters; and including commercial disputes between companies or partners relating to breaches of agreements, contracts, cheating etc.

The Rising India Party takes the position that:

  1. The State has no business to be involved in the personal lives of the nation’s citizens
  2. Legal intervention on the part of the State should kick in only when citizens demand it after due attempt and process to solve the issues using the socio-family-People courts system.
  3. Such State intervention would be set to mechanisms designed to consider each situation holistically and use a host of tools including psychology, polygraph assisted interviews etc., spot investigation using neighborhood knowledge, etc. to arrive at the best possible understanding of the case and consequently arrive at lasting solutions that, effectively, decrease stress (Tanav) and Threat (Tanashi) culture in society’s day to day lives.
  4. These solution matrices would include placement in psychologist run domiciles or villages; incarceration in open self-run but externally controlled, jail cities, public service including hard labour in lower income colony builds.
  5. In cases involving cheating the potential punishment would including confiscation and liquidation of assets to pay damages suffered by those cheated, and other appropriate punishments and measures rooted within the principle of natural law and justice framed within the “nature of nature narrative”.
  6. Except as desired by the citizens, the approach to the resolution of such class of Civil disputes should, in the first instance, take the ancient Indian civilizational narrative into consideration and define a process whereby, before certain defined civil matters are brought before the court system run by the State, they must undergo civil dispute resolution processes along the lines and in a defined socio-family-People courts justice system.
  7. These proceedings would be duly recorded as official records, on the basis of which the case would proceed if brought before the State Court system along principles as set out below.


Comments 0