The Missing State
In Quantum Mechanics, the prime determinants of the “physical observable” like momentum, position, etc. is a “State Vector” drawn in Hilbert Space. The state vector in itself is of abstract nature. The Indian State is like “State Vector”, which is driving all the small things of citizens of India, with almost equal abstraction and absence. The Quantum Mechanical State Vector creates the issue of comprehension and intellectual dissonance for few physicists but Indian state abstractness creates chaos, unchecked power, citizen antagonistic governance, perpetual suspicion, and a hostile system.
The Republic of India’s Constitution declares itself as a “liberal democracy”. The democracy part refers to the accountability of those who hold political power through mechanisms like free and fair multiparty elections under universal adult franchise. The liberal part, by contrast, refers primarily to a rule of law that constrains the power of government and requires that even the most powerful actors in the system operate under the same general rules as ordinary citizens. Liberal democracies, in other words, have a constitutional system of checks and balances that limits the power of elected leaders. The most interesting part of this liberal democracy is the “rule of law”. The rule of law needs to be enforced by the actors in the system otherwise we would have Matsayanyaya and all social, political, economic progress will be at standstill. There are three duly appointed actors in enforcing rule of law by the constitution — namely legislature, executive, and Judiciary. Inter alia in executive, police is a quintessential part and its primary role is to investigate the matter of crime and judiciary has a role to examine the evidence and pronounce the verdict. But, do police and judiciary have the capacity to enforce rule of law?
The police of Indian Provinces are lagging on multiple fronts. India has around 138 police personnel per 100,000 citizens against the United Nations-mandated 300 police per 100,000 citizens. These inadequate personnels are poorly trained with unchecked discretionary power, poorly armed, low paid, and most of them are unhealthy to work in the most hostile and unhealthy workspace. The Provincial Police is almost clueless about the emerging challenges like Cyber Crime, Child Pornography, Cyberbullying, and online fraud. These issues are further exacerbated with the undue influence of politicians in the matter of registering FIRs and investigations. The outlined problems create the results that are most startling, as per the latest Prison Statistics — close to 65% of inmates are undertrial vis-a-vis 20% in OECD nations. American Constitution drives its morals from John Locke’s thesis of life, liberty, and property. The unnecessary incarcerated citizen’s “right to life and liberty” is deprived by a grand and omnipresent all-pervasive state. The Indian Constitution and its government almost treat the “right to property” as some form of contempt because its police never defend private property e.x. failure of police to defend the “towers of reliance industries”, These towers are the prime instruments that have bolstered the government’s digital India mission. With cheap data policy, Reliance has democratized the political, social, and financial discourse. viz. India is leading in digital payment by surpassing the emerging and developed economies. So, Indian Police have weakened the “liberal” part of democracy by not defending the “reliance on private property”. The chilling effect of a “weak and all-pervasive state” is the deterioration of trust and the perpetuation of corruption. Another part of liberty is the “freedom to express an opinion with undue fear”. These opinions can be in the realm of politics, religion, or policies. The Indian State from its inception is hostile to those who criticize Abrahamic faith in India. By its appeasement politics, it had never allowed the intellectual challenge to Islam and Christianity. India state with its divisive politics and sole reformer of Hinduism has taken a very dangerous path in its history. By taking over the revenue of the Hindu temples and making IAS officers its manager, it has deprived the community of propagating its faith and provide community services like schools, hospitals, and religious awareness to the community at large. The result of this dangerous expedition is the blooming of business of proselytizing in name of community service by Christian missionaries. The Indian Police never upheld the Hindu’s right to criticize Abrahamic religion because the vote calculus of politics never allowed it. Amidst all these failures of police and politicians, what is in judiciary busy?
Let me accept at the outskirts that the Indian Judiciary is the most opaque, self-appointing, self-congratulating, and Public Interest Litigation(PIL) centered system with zero accountability. The anglicized judges are acting like some shorts of NGOs who are upholding the rights of its club members. For example- close to 3.5 Crore cases are pending in India and as per Law Commission Report the pace at which the cases are disposed, it would take around 476 years to dispose of the pendency. This judiciary can assemble at 3AM to consider the capital punishment of a terrorist but It has not found time to listen to the post-poll violence case in West Bengal even after several weeks. The anglicized judiciary doesn’t have the spine to abolish the nikah-halal, polygamy, and circumvent of the vagina in case of a specific religion because they want change to come from within, but it is on a perpetual mission to reform polytheistic society like Hinduism with the interpretation of Hindu rituals from Abrahamic legal doctrine like English Common Law. ex. The liberal darling Justice Chandrachunda has seen the Sabrimala case as Untouchability. it is even more perplexing that each and every CJI once in office tries to teach executive that how badly they have let down the country. Although I equally sympathize with mylord concern of failure of executive and righly so, but as Roman nobleman Cassius tells Brutus in Shakespeare’s Julius Caesar, “The fault, dear Brutus, is not in our stars, but in ourselves, that we are underlings.”