Many people will find the Topic heading quite offensive and wonder that how somebody can choose such heading even when writer himself is from legal community and himself dependent on it. Well, I can say is that some people will agree with the content and some with heavily disagree with the time moving forward. However all comments with agreement and criticism are fully welcome to share their thoughts and enrich the contents. Critics are best friends who can enrich and help with showing correct direction. However I must warn that you have right to stop reading further as per your discretion.
To begin with, I will start from the very beginning of legal system which is setting the law in motion or in simple words it is when someone approaches the law. Somebody approaches the law to get justice when something wrong happened to that person or even sometimes people try to misuse the law for various reasons. Some of false cases I seen are as simple as false cheque bounce cases to harass and extract money due to greed, and goes even to murders and even false rape cases to frame someone else for revenge.
So when someone enters the court for own filed case or case filed against, the first law is to take oath.
Not taking or refusing to take Oath is offence itself under section 178 of IPC.
The oath is as follows
“I do (swear in the name of God) / (solemnly affirm) that what I shall state shall be the truth, the whole truth and nothing but the truth.”
(Recently SC rejected petition to take oath on Constitution for non-believers)
Now this is clear that court asks everybody to take oath on the name of god.
If someone is believer in god. There is different oath for non-believers also but I have seen that 99.5% people takes oath on the basis of god only so that the person is not seen someone who does not believe in god or in other words nobody wants to show themselves as non-god-fearing person. The reason is that someone who is not god fearing then such person can lie easily.
Now it is clear that almost all oaths are taken on the name of god but a very simple question to ask is that those people really believe in god?
Let’s understand Trust on God or Court this way….if some friend of yours took small amount of money and not returned without or even after asking, then you might not even ask the friend to return money and put that in knowledge of God and transfer the responsibility on God to take care of that debt/betrayal/cheating 🙂 BUT on the other hand if the amount is big like Lakh then you will try lot of things to get money back which maybe finally end in court. For such amount why not leave decision on God only ?
Thus same person have faith in God for small amounts but trust Court for higher amounts instead of God? If the person still had faith in God then why the end result is different by approaching the court. Same person loses faith in God for higher amount and decides to approach court?
Now lets understand it criminal way…There was a teacher in my kid private school. She was there for many years and due to annual increments her salary became on higher side so Management decided to get rid of her and hire new teacher for less salary. Thus HR transferred her to another branch which was almost 48 kms away. Its simple tactic that teacher will herself resign instead of wasting so much time in travelling. Instead of direct firing, Transfers to other branches is common tactic to force resignations. Recently a school came in national newspaper for mass transfers. Since she was not in dire need of job due to husband job, she resigned as expected by school. When we asked her, she said “Its God wish”. Now imagine if she was beautiful with need of Job and principal asked her sexual favour then she might approach police for justice or leave that also on God. We don’t know if this also happened in past to some others and they left it to God wish. But there are some who approach police for justice instead of God for wrong happened to them.
Can we say, people don’t have faith on God and hence approach court. After ditching faith on God, court asks same person to take Oath on faith of God !
Advocate Ankur Goel 