The Haryana government’s decision to deal with small offences such as encroachments by vendors, people tying animals on the streets, etc., through warnings and fines, rather than filing cases in courts is a laudable first step towards administrative reform. It will reduce the workload on the already much burdened judiciary, whose inability to deliver verdicts in reasonable time is a major impediment to providing justice. This initiative should be followed up by other measures to unclog the system.
Another such step is the plea bargain system, in which those accused of not so serious offences, but which require jail sentences, to plead guilty and be given lighter sentences. It would be an incentive for those guilty to accept punishment instead of going through the lengthy legal process and, eventually, have to serve longer sentences. This is important in the Indian context, where just the period of trial is punishment in itself for, both, the innocent and the guilty. This is the accepted practice in many countries and works very well. It unburdens the judiciary and the prosecuting agencies so that they can deal with more serious cases in a more efficient and effective manner.
States other than Haryana should also adopt such an approach for better and more effective governance. It may be noted that there are many such reforms and functional improvements that states can undertake without the need for central legislation. Laws that are implementable and do not burden the people excessively are necessary not just for good governance, but also for public compliance.
This is not so easy as one might think, because the complexities of modern life, particularly in the cities, have greatly increased. Everything needs to be on record and registered, cross-referenced and readily accessible for a person to function smoothly in private and public life. It is supposed to be for their convenience but ends up becoming an inconvenience as procedures become progressively complex. The repeated requests to ‘update’ one’s various accounts and clearances by themselves can prove a regular headache. As such, far from reforming outdated colonial era laws, the new requirements are becoming quite burdensome. Unfortunately, all these ‘gateways’ are proving useful for criminals to scam the public. It is important, therefore, for governments at every level to make simplicity and convenience one of the principal objectives of their functioning. It will make life much easier for the people, cause less tension, and ensure compliant behaviour.
