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Will rule of law always be an impracticable myth in our country?

( css-2018)

Outline

1. Introduction

Life without rule of law is tantamount to the life of jungle, where a mighty rule by his power and his
principles and weak serves the mighty because of fear.

2. Basic needs for rule of law to prevail:


 Equality
 Accountability and transparency
 Provision of basic facilities to masses
 Strong judicial system
 Culture of meritocracy
 Strong and independent law enforcement bodies
3. Situation in Pakistan: grim owing to following factors
 Inequality
 Weak-cum-selective accountability
 Weak judicial system, to some extent
 Lack of provision of basic facilities to masses
 Feudalism and nepotism
 Weak law enforcing bodies and laws
4. Suggestions to make rule of law prevail
 Promote equality
 Effective accountability
 Provision of basic facilities
 Promote culture of meritocracy
 Strong judicial system
 Independent and well equipped law enforcement bodies
5. Conclusion
 Without bringing change in the lives of masses, in the institutions and in the
governing policies, rule of law will be an impracticable myth.
Life without rule of law is tantamount to the life of jungle, where a
mighty rule by his might and his own principles, and weak serves the mighty because of fear of
getting in trouble. Rule of law is necessary for peaceful life, a life free from troubles and chaos. Law
works as an instrument of controlling harmful and aggressive animals by them in the zoo. Where,
their instincts, that stimulate them to become aggressive, can be controlled. In life of anarchy,
people become self-centered, they try to achieve their aims, either legal or illegal, at any cost, by
putting others lives at stake. For this reason rule of law is necessary. For rule of law to prevail, some
basic needs are discussed below.
People will follow the rule of law, if they are provided with equal
opportunities, irrespective of any differences of cast, creed or gender, promoted to have their say in
legal matters and granted with freedom of expression.
Furthermore, accountability is the necessary for rule of law to
prevail. Selective accountability affects the rule of law because it weakens the institutions by
allowing them to mismanage the public resources and opt to corrupt practices.
Similarly, provision of basic facilities to masses is must for the
existence of rule of law, because it hampers the masses from resorting illegal practices to meet their
demands. Basic facilities include food, cloths, shelter, education and health facilities.
Moreover, a strong judicial system plays a key role in making rule of
law effective. Judicial system will be strong if it is free from political influence. Timely and equitable
dispensation of justice increases the faith of masses in the rule of law. Ultimately, the move towards
the law rather tackling legal problems by own.
Further, the culture of meritocracy gives the aid to rule of law.
Because it wards off the ills of feudalism and nepotism, and Increases the equal opportunities for
masses irrespective of their status.
Moreover, strong and independent law enforcement bodies are
need of the hour for rule of law to prevail. They play very key role in maintaining law and order by
countering domestic violence, intra-governmental and intra-civilian conflicts, terrorism and
extremism. Develop the sense of security among masses.
Looking at the above aspects, it seems that situation of rule of law is
grim in Pakistan. Growing inequality, in the form of gender discrimination has aggravated the
problems for rule of law to prevail. Gender based violence is rampant, women has been denied from
the privileges as compared to men. Situation looks like as privileged is getting more privileges.
Furthermore, weak-cum-selective accountability has made
institutions weaker. Thus, resulting in, mismanagement of public resources, rampant corruption,
increasing fiscal deficit, increasing debt and ultimately poverty.
Moreover, lengthy litigation procedures and political influence has
weakened the judicial system, to some extent, and resulted in the establishment of Alternate
Dispute Resolution courts. This weakness has hampered the effectiveness of rule of law. In the
result, perpetrators escape the rule of law by their high-handed approaches and poor have to pay
price. In the end, people resort to sort out their legal matters by their own. Such situations pave the
way for the heinous crimes like honor killings, which are rampant in our country.
Furthermore, inefficiency of government to provide basic facilities
like eatable food, potable water, shelter, quality education and health facilities to masses has
developed mistrust towards the government among them. They try meet their demands by their
own, at any cost. Thus, domestic violence and extremism is increasing.
Likewise, feudalism and nepotism has hampered the countries
progress and affected the rule of law. This culture of favoritism has affected the rights of people and
resulted in increasing distrust of masses to towards education
Under such circumstances rule of law cannot exist. For rule of law
to prevail, the first step is to promote equality, regardless of differences and discriminations.
Women’s participation in workforce should be promoted and culture of conservatism should be
ended.
The second step is to make accountability affective and for all, by
establishing effective check and balance mechanism. By doing so, institutions will get stronger and
mismanagement of resources and corruption can be hampered.
The third step is the provision of basic facilities to masses. This, in
the result, will develop sense of respect among the masses towards the law and they try to promote
national interest rather resorting to illegal practices to meet their needs.
The fourth step is to promote culture of meritocracy. Opportunities
must be provided to everyone on the basis of their talent, not on the basis of their status.
Ultimately, this develops the interest among the masses towards education. As education is the
panacea to all socials ills.
The fifth step is to build a strong judicial system; a system free from
political influence, that dispense justice equitably and timely because, it is said that justice delayed is
justice denied.
The last but not least is the making law enforcement bodies
independent, especially from political influence, and well equipped and well trained with
contemporary needs.
In nutshell, without bringing change in the live of masses, in the
institutions and in the governing policies, rule of law will be an impracticable myth in our country. It
is appropriate to quote, Adolf Hitler said, “if you do not like a rule, just follow it, reach on the top
and change the rule.