SINE QUA NON

SINE QUA NON

sineComplete fulfillment of citizenry rights coupled with enforcement of law and order are sine qua non for a civilized society in every corner of the globe. A relaxed state of affairs on either front will make any civilized country into India-Pakistan- Bangladesh where there is neither law and order or conscious fulfillment of citizenry rights. Every citizen is supposed to be watch dog of others rights and observations of all civic obligations. At the same time Courts have to be fully geared up to fall heavily on wrongdoers quickly.Both the aforesaid aspects are absent in our country.

Go to any public place, one finds that nothing is in order.All pavements are illegally occupied by shop owners leaving no place for shoppers to walk in the market. You can not question any shopkeepers as all other shop keepers will pounce on you. You can not even lodge complaint to civic authorities, either they are not visible or if they are visible, they will plead “what can be done“. Police presence is recorded but those uncouth Policemen are not to serve you but to win their weekly fees.

Go to any Court premises in any sub divisional or district places, you have to start paying to the court staff for any thing and every thing. It is not that the Presiding Officers don’t know what is happening. They are part and parcel of the loot. You can not lodge any complaint to any one. You have to merge with their demands and spend the day. It is not that only you are paying illegal gratifications, every one is doing the same thing. All promises made to Anna Hazare that we will not indulge in any kind of corruption evaporated within a few days. Life became normal where corruption is part and parcel.

Go to any government offices, every citizen is found giving bribes to get the work accomplished, you can not raise alarm their as you will be thrown out by your fellow citizens as you will be hindrance in their performance of task. No ration card, no driving license, no birth certificates are available without paying bribes. As citizen, we do not make any grievance of it as we know there is no remedy against these malaise.

Our Courts are not fully geared up to hear the grievances of the citizens and force the authorities to deliver in rightful manner. It takes years and years to receive verdicts from the Courts. This has added to rise in corruption all around. I have been going to US and Canada for couple of years during summer vacation of Supreme Court to stay with my daughter and her family. There scenario is quite different. I find everyone is so courteous, observes all civic obligations, they are always conscious of and fully aware of others rights not being trampled. The are quite cautious in public places, fully aware any wrong doing will land them in deep trouble. The Law Enforcement Agencies are merciless and enforce law mercilessly without any interference from any quarter. Politicians dare not interfere in their duties.

My three-four year old granddaughter is taught all civic obligations by the teachers. My daughter used to pay Can$ 250.00 per men-sum to get her daughter trained in citizenry obligations. In two years, she has hardly learnt alphabets or numbers but was made perfect in citizenry obligations failing which she will be quite misfit in the society.

Suffice to say pressure from the citizens and the Courts alone can keep ours a civilized society. Both pressures are sine qua non for maintain an orderly society.

PLEASE ASK YOURSELF ARE WE CONTRIBUTING TOWARDS AN ORDERLY SOCIETY?


Wikipedia NoteSINE QUA NON refers to an indispensable and essential action, condition, or ingredient.

In legal matters, “but-for”, “sine qua non”, causa sine qua non or “cause-in-fact” causation, or condicio sine qua non, is a circumstance in which a certain act is a material cause of a certain injury or wrongdoing, without which the injury would not have occurred. It is established by the “but-for” test: but for the act having occurred, the injury would not have happened.


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AK Srivastava

The author Sh. A.K. Srivastava (@aksrivastava232) is Senior Advocate in Supreme Court of India, New Delhi where he is practicing since last 40 yrs. He had been Advocate General of Govt. of Sikkim & was Hon.Secretary of Supreme Court Bar Association for two years( 1991-92,1992-93).
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