Can A Law be Misused
Generally, a law gives some favour to a person or class of persons. इन लोगों को या समूह को उस कानून का Beneficiary कहते हैं।
सरकार जिन वर्गों को सामाजिक व्यवस्था में कमजोर या वंचित पाती है उनके हित के लिए ऐसे लॉज़ बनाए जाते हैं। वे वर्ग उन कानूनों के Beneficiary बन जाते हैं। भारत में अनेक ऐसे कानून अलग अलग समय पर बनाए गए हैं जैसे – बंधुआ मजदूरी को रोकने का कानून, अनुसूचित जाति और जनजाति के ऊपर अन्याय को रोकने का कानून, बाल विवाह रोकने का कानून तथा स्त्रियों की प्रताड़ना को रोकने का कानून।
These Classes i.e., the Bonded Labour, Scheduled Caste and Tribes, Children or their Parents and Women can invoke that law in their favour. The requirement of invoking law is that their rights are threatened. जब भी इन वर्गों के अधिकार दबाए जाएँगे तो ये इन कानूनों का सहारा ले सकते हैं। इससे जो दूसरे लोग इन अधिकारों का हरण करते हैं सरकार उन्हें अपनी शक्ति से दबा देती है। और इन वर्गों के अधिकार पुनः कायम किए जाते हैं।
But Sometimes, the rights of these classes are not in fact violated. Without violation of rights a member of such Beneficiary Groups invokes the laws in its favour. सरकार अपनी पूरी ताकत से उस व्यक्ति को रोकती है जिस पर इन वर्गों के लिए हितकर कानूनों के उल्लंघन का आरोप लगता है। आरोपित व्यक्ति का दमन किया जाता है ताकि इन Beneficiary Groups की रक्षा की जा सके।
Government’s action against the alleged person involves a great force of impact. A Loss is caused to the alleged person. In several of such cases where the law was invoked without real violation, the Court sets the alleged person free.
Such cases where the legal action is started against a person who has not really violated the right of Beneficiary Group are called the cases of FALSE IMPLICATION (झूठा आरोप).
False Implication is one way of misusing the Laws. The other way is not producing the correct subject matter before the Courts where the legal disputes are decided.
Some Beneficiary Groups produce false witnesses in the Courts.
Hence, the laws are misused by invoking laws in false matters, by disclosing partial truths before the Courts and by creating false witnesses in support of a legal claim.
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