Dear Madam,
This is in furtherance to the interesting article on enforcement of laws in India (IBLJ, July/August 2009). Your report touches a very important point of law concerning one and all. I do agree with Vikram Nankani, a partner at Economic Laws Practice, that the enforcement or execution of an award or a decree is real test for advocates in our country.
There is certainly the need for change in the enforcement of laws, but as a legal professional I can say that although there may be delays in enforcement, what matters more is how the enforcement is handled. It would be incorrect to say that the enforcement of laws has failed in our country. There is a human tendency to avoid liability and to deny one’s guilt, but in India liabilities are fixed and the guilty are punished. The payment of liability may be delayed but cannot be avoided.
Secondly, not only the law enforcement agencies, but to some extent the bar is to blame for the shortfalls. Anandita Roy Chowdhary of LexCounsel has rightly pointed out in your article that we should oppose corruption at every level. It would not be out of context to say that the corruption is one of the major causes of lax enforcement.
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