Unhappiness at large in Indian society has a lot to do with the way the law and its institutions operate
until the start of publication of United Nations World Happiness Report In 2012, happiness was not considered an object of governance. But now it has emerged as a new measure of the quality of governance. The relationship between law, governance and happiness has been attracting considerable attention over the years. This is because the report has shown time and again that countries with high GDP and high per capita income are not necessarily the happiest.
perform poorly
India has been ranked 139 out of 149 countries in the 2021 United Nations World Happiness Report. Happiness was also measured taking into account the effects of COVID-19 on people and their assessment of the performance of governance systems. The report shows that the COVID-19-induced social distancing had a severe impact on happiness as sharing and community life were severely affected during the pandemic.
India’s dismal performance in terms of happiness is significant if we look at governance and law. Happiness has never been considered a clear goal of public policy in India. The trust and confidence gained by the public institutions is quite relevant in the happiness score sheet. Guarantee of rights, participation, dignity and social justice are important in determining happiness in a society like India.
We limit the role of law only to a permissive instrument that satisfies the vindictive nature of the people. However, the law is capable of creating a number of affirmative obligations, leading to collective discretion, care, and cooperation. It is able to make people feel that they have a role to play in solving their problems through distributive justice. “The feeling that your lost wallet will be returned if found by a police officer, neighbor or a stranger is perceived as a measure of happiness compared to income, unemployment and major health risks,” the report said. “
Law should bring happiness in people’s lives. Unhappiness at large in Indian society has a lot to do with the way the law and its institutions operate. People live in pain and suffering because their legitimate grievances are not addressed by the legal system. It is wrong to assume that every matter decided by the courts brings happiness to the people. According to the World Justice Report, at least 40% of the people in the world live outside the protection of the law. More than 5 billion people fall into this ‘judgment gap’. India’s share in these figures is huge. The estimated figure of 3.5 crore cases pending in various courts of the country is not just a number, as everyone involved in these cases is in a state of worry. They are definitely not happy people. Usually, the criminal justice system is a source of unhappiness for these people.
According to the World Justice Report 2021, India’s rule of law rank was 69. It has a calming effect on the right to life, liberty, economic justice, dignity and national integration. Justice in India hardly supports the goal of happiness in the society. Criminal justice affects the lives of people in a wide way. It is capable of providing protection but also causes fear, stigma and repression. People are rarely satisfied with the police and courts in this country.
Low crime rate, happy society
Statistics show that crime rates are lower in happy countries. Guilt and its resulting suffering are a major source of suffering. For example, in Finland, Denmark, the Philippines, South Africa, India and Sri Lanka, at least one of the four crime variables shares an inverse relationship with a country’s happiness score. This means that individuals living in countries with high crime rates are less happy and satisfied than individuals living in countries with comparatively low crime rates. Countries that score high on the Rule of Law Index also score well in the Happiness Index. Second, in the report, happiness levels were significantly determined by various socio-demographic factors such as health, education, crime rates, criminal harassment and fear of crime.
Nations are now reacting to the Happiness Index. The United Arab Emirates was the first country in the world to establish a Ministry of Happiness. The ministry monitors the impact of policies through a happiness meter and takes measures to ensure a better life. Bhutan introduced Gross National Happiness as a measure of good governance. Rothstein and Uslaner (2005) state that honest and effective governments can lead to greater socio-economic equality. This makes a large number of people trust their government, which is an important condition for happiness.
GS Bajpayee is the Vice Chancellor of Rajiv Gandhi National Law University, Punjab. thoughts are personal
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