Legal and illegal" these terms are adopted by our brain when we become a bit mature or you can say somewhat literate. However, the concept of legal and illegal is penetrated our minds since childhood. But yet is it right to say that everybody is aware of what is legal and what is illegal? Unfortunately, No. And the reason behind this is that we classify legality as per our comfort zone and everybody does so. Yes, you may be thinking that "what is to classify in that, What constitution tells legal is legal and illegal is illegal" But this is for the people who know the constitution. What about the people who don't know the constitution? What about the tribal communities who still don't have any schools in their locality. Do they know the constitution? No, they have their own constitutions that have different rules and regulations. We will go through these points one by one.
The first question that we will answer is what is legality?
For the virtue of society and every single living element of society, the society itself has set some norms and principles. As we are in a democratic country and India is our society so we have adopted the Indian constitution. And we go according to it. And other communities and countries also had done this as per their comfort. But as we discussed constitution can't be understood by everyone so people have made their own rules. And this own rules, or own constitution, depends on the theory of Bentham. English philosopher Jeremy Bentham has given the concept of pleasure and pain. When society decides what is legal and illegal then it places the things in the legal category that gives pleasure and in the illegal category that gives pain. And there is nothing wrong with that. But does society equally participate in this decision-making? Is the opinion of every element involved in this? The answer is No. Are the people who have not got electricity yet is involved in this? What about the Andaman and Nicobar Island people? Do they participate? What about various underdeveloped communities? People who are suffering for their basic needs are almost out of the box in decision-making. And we have a large number of such people. So who makes this decision of legality? This decision is made by the high-class people who live in AC rooms. How will they understand the problems of people? And if they understood the problem, still they can't understand their pain. We will understand this through case studies.
1. Is it illegal to steal?
Constitutionally or according to the so-called ethics of society, stealing is illegal. But what about a mother who is searching for food to feed her child. And nobody is giving her work or any help. Her child is almost to die because of hunger and she is helpless. If in such a situation she steals some food to save her child then is she a thief? Is it illegal to save the life of a child? Unfortunately, every day 20 crore people do not get food in India. Then the question arises, why wasting food is not illegal? This is because maximum of the decision-makers of legal and illegal does waste food commonly. And if this was illegal then that will be a pain for them. So they choose their comfort.
2. Why is rehabilitation legal?
Lacks of tribal communities are being rehabilitated for the so-called development purpose. They are losing their cultures, tradition, languages, and all. And the most important is they are losing their existence. You may say that they get a lacks of rupees to settle down somewhere else. But really does this happen? And if so, then still do the so-called developed society accept them? No, they don't. We have a lot of examples of this in India. So the question arises, Why is rehabilitation legal?
3. Violating Traffic Rules is Legal or Illegal?
If an ambulance went through a square when the signal is red then generally it is not considered illegal because it is going to save someone's life. And if a child is taking his parent to hospital on the bike, driving a triple seat, and breaking signal then it is considered illegal. Why does a vehicle decide legal and illegal?
4. Same-sex Marriage is legal or illegal?
29 countries in the world have recognized same-sex marriage as legal. Unfortunately, this doesn't include India. Now each person may have his or her different opinion. Whether this should be legal or illegal. But if India has not recognized it as legal yet then is it wrong? No, why is it wrong? That is their personal choice. However, 29 countries have recognized them. It means it varies according to your knowledge, perspective, and beliefs that what is legal and what is illegal.
5. Triple Talaq and Sati
Till 22 August 2017, triple talaq was legal. But knowledge increased, the perspective changed. And the pain becomes unbearable and triple talaq becomes illegal after Supreme Court's decision. The same happened in the case of sati. After the pain become unbearable and perspectives changed then sati practice came to an end.
What is actually legal and what is actually illegal?
Now, it has almost come to a conclusion that legality is decided according to the comfort zone, perspective, and knowledge. And most importantly pleasure and pain. So what is actually legal and what is actually illegal? The answer to this is "Nothing is actually legal and nothing is actually illegal." And better, not to find it in actuality. It should be focused that whatever the decision of legality is taken, is giving pleasure to almost every single individual of the society, including environment, nature, wildlife, etc. And special emphasis is given to the underdeveloped people who genuinely need it. These decisions should be in their favor as much as possible so that we move towards building an equal society. And an equal society is the happiest, healthy and safe place to survive.
However, the Indian constitution does this work very perfectly. It provides equal opportunities to every individual and promotes equality. And surely, with all the hardworking efforts, we will build a better and more empowered society. Where it won't be necessary to tell What is legal and What illegal is.