Posted by WHY IS THERE A NEED TO HAVE KNOWLEDGE OF LAWS?
Anusha Almeida
Student of VM Salgaocar College Of Law
“An investment in knowledge pays the best interest.”- Benjamin Franklin
As rightly stated by Benjamin Franklin, the best way to get a good return on oneself is by investing one’s time, efforts upon yourself, in one’s knowledge. Knowledge is an infinite pool which one can never swim across even till the day when one meets his end. It is very important for every individual to have knowledge of the world around him/her and to be in a position to apply that knowledge practically.
It is essential for every person to have the knowledge of the laws governing him/her. When one thinks about the phrase, ‘knowledge of laws’, the immediate picture that appears in one’s mind is that of a lawyer in a court or that of a law student or a government official like the police. But is it true that the knowledge of laws is only important to these categories of people? Is the knowledge of law equally important to a common man? Well, undoubtedly, the knowledge of laws is very important for the categories of people mentioned earlier since it is a part of their profession, however, that doesn’t give the common man an excuse to be ignorant of the law.
Every individual need not be aware of each and every provision of laws present in the country. But it is essential for every citizen to be aware of the basic laws of the land. There is a maxim that goes by the saying’ “Ignorantia facit excusat, ignorantia juris excusat.” This translates as follows, “Ignorance of facts is excusable but ignorance of the law is not.” It implies that a person who is unaware of a law cannot escape liability for violating the law merely because he was unaware of it. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently.
Laws have been created to ensure the smooth functioning of the society and to protect the individuals living in that society. But won’t the laws be of no use if the individuals are ignorant of them and continue to take law into their hands? It is important to have knowledge of the laws so that one can appreciate the reasons why they have come into existence and acknowledge them in our day to day life.
There is a need to have knowledge of laws so that one is aware of one’s rights and obligations. This can help one to defend oneself if one’s rights are violated. The Indian Constitution provides certain Fundamental Rights for every citizen and certain Fundamental Rights for every person (this even includes non- citizens). Many people are unaware of their Fundamental Rights and hence, are unaware of their rights being violated. Lack of knowledge of laws is the major reason why people are violated.
For example, a college student is ragged by a senior and is asked to perform a certain task. A normal student would either plead with his senior or would unwillingly comply with the orders given. But a student aware of the laws would know that ragging is illegal and would take the necessary measures like contacting the Anti Ragging Committee of his college and stand for himself.
Besides ones rights, the knowledge of laws allows one to know ones duties as well. Rights and duties are two sides of the same coin. It is very important for one to know where one’s rights end and where one’s duties begin from because once cannot claim to be enjoying ones rights by infringing upon another’s duties. As mentioned earlier, ignorance of the law should not and cannot be an excuse to escape.
Another reason why knowledge of laws is important is because laws are a reflection of the society in which they are implemented. Hence, one gets to understand the values that make up the society and are in a position to understand that society in a better way.
There is a need for every person to know any new laws which are implemented in their country or state. Every citizen of India has the right to freedom of speech and expression. Every person should be in a position to form one’s opinion on important matters. Hence, it is crucial for every common man to create his /her opinion on new laws being passed and express their contentment or displeasure about that law and try to point out various loopholes, if any.
Legal awareness has the ability to empower people to demand for justice, equality and effectiveness at all levels. On the other hand, ignorance of laws can lead to intimidation of people. This would lead to situations where people take conflicts in their hands or are unable to utilise the law to their benefit. What is more empowering than having the knowledge of the laws of one’s country and being able to put it into use for the benefits for oneself and others?
As Joseph Smith rightly said, “Knowledge is power and the man who has the most knowledge has the greatest power.”
797