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Suspense crime, Digital Desk : In any society, laws are essential tools for maintaining order, ensuring security, and delivering justice. However, concerns frequently arise when certain powerful laws, sometimes labeled "draconian," are perceived to be misused, leading to calls for their outright repeal. This opinion piece argues that the core problem often isn't the existence of these laws themselves, but rather how they are applied and the lack of robust checks against their abuse.

Laws designed to tackle serious threats like terrorism (e.g., UAPA - Unlawful Activities Prevention Act), organised crime, or large-scale financial fraud (e.g., PMLA - Prevention of Money Laundering Act), and even older statutes like sedition (though currently paused by the Supreme Court), have legitimate objectives. They aim to protect national security, economic stability, and public order. Simply removing them from the statute books could leave dangerous gaps, making it harder to combat genuine threats.

The real challenge lies in the application of these laws. When such potent legal instruments are wielded without sufficient oversight, transparency, or accountability, they can indeed become tools for harassment, suppressing dissent, or settling scores. This misuse is what erodes public trust and leads to demands for repeal. If the process of investigation, arrest, and prosecution under these laws is flawed or biased, innocent individuals can suffer greatly, and the very idea of justice is undermined.

Instead of focusing solely on "outlawing" laws, the emphasis should be on "controlling their use." This involves several critical steps:

  1. Stricter Guidelines: Clear, unambiguous guidelines must dictate when and how these laws can be invoked, minimizing arbitrary application.
  2. Enhanced Judicial Oversight: The judiciary needs to play a proactive role in scrutinizing the use of such laws at every stage, from arrest to trial, ensuring due process is followed.
  3. Accountability for Misuse: There must be real consequences for officials who are found to have maliciously or negligently misused these laws. This would act as a strong deterrent.
  4. Focus on Intent: Legal processes should rigorously establish criminal intent (mens rea) rather than just penalizing actions that might inadvertently fall under a broad legal definition.
  5. Balancing Security and Liberty: While the state has a duty to protect its citizens, this must be balanced with the fundamental rights and liberties of individuals. Proportionality is key.

In essence, laws are like powerful tools; their impact depends on the skill and integrity of those who wield them. The solution isn't necessarily to discard the tool but to ensure it's used responsibly, with precision, and under strict supervision. Reforming the system of checks and balances, strengthening accountability, and ensuring a fair and transparent application process are more constructive paths than outright repeal, safeguarding both security and individual freedom.


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