Tuesday, September 25, 2007

Is common man losing trust in Indian Judiciary

Recently one of the Supreme Court judge while giving a judgment in a 60 year old property case gave concern about rapidly decreasing faith of common people in judicial system ( and law and order system in general). And true he noticed it, he mentioned it. Let us look at some common scenarios why judge had to mention this. And I would be honest to myself, yes I don't have faith in Indian judiciary, not because it would do wrong judgment but because justice delayed is justice denied. And let us not go about the cause for delayed justice. We could take it up later.

First let us analyze why this perception of a common man is. Consider these head lines:

1. Supreme Court gives justice in 60 year old case.
2. XYZ leader of ABC party involved in UVW acquitted for lack of evidence.
3. ABC murder case - Accused acquitted of charges for lack of evidence/ loose police interrogation.
4. Japanese Tourist raped / German tourist killed - Accused arrested

And the list is endless. Do you see a pattern here? No. let me explain.

Case 1: Justice in 60 years, are you making fun of word Justice. It spreads itself across four generations, (three for sure). It is a wonderful example of Justice delayed. Do you think the person who first went to the court would be alive? What message would he pass on to his children about the judicial system? What about the third generation child, what example he would quote to his children about the system. Good? Bad? You know the answer. And believe me this guy's family and generations were courageous enough to fight the case for 60 years. There are hundreds of thousands cases lying in small town and districts of India, who get attention say once in a year just to get another date for hearing.
And the common man concludes - Any dispute arising for want of property and other economical offences for common man is beyond his reach in his life time.

Case 2: Well, I did not put any name for person, party or case/scandal because I would run out of space. I don't see a concrete example where any body has ever been found guilty and punished. These politicians (most of them) have really been parasites pursuing there personal interests rather than country/society as a whole. Even after 60 years, parties are created based on caste. The vote bank is something which matters to each one. And yes right, we are responsible for getting them elected. Once they get elected they squeeze blood out of India and swell their pockets.
How does a common man see these parasites? Do they really have any choice? Who so ever takes care of their basic needs is a good leader. After 60 years this is what a common man aspires. Satisfying their basic needs and to be able to live peacefully.

Case3: I preferred to put it as a special category because this category does not only include politicians. It includes their immediate relatives, kin and other political mafias who have their own law in their own region of operation. Be it Vikas Yadav (son of D P Yadav) , Mr Aansari, Mr Sahabbuddin, Raja bhaiya , Shivpal Jadav, Subhash Yadav. This list too seems to be endless. They commit a crime and get a clean chit from court as nothing has happened. Does a clean chit from court for common man means the crime has not happened. It has happened. If this is not him, who has done it. Who is accountable for this?
Would not you conclude- Law is only for weak and poor. Rich and powerful would always escape.

Case 4: This is something which is really interesting. Same system, same judiciary and same law enforcement department. Everything goes well as it should. Police works, judiciary gives its judgment well in time. What is the difference then? Here the victim is a foreigner. Good job by government to control the crime against foreigners. But some where in the mind of common man is not this feeling of being foreigner in his own lands creeps in. He feels stranger in his own country where he was born and brought up.

And the result - 10 People get killed for a crime as small as they MAY be a thief. A woman is killed for want of justice. And yes they do have their own reasons. Reasons to believe there is no law in the country. OR if it is there it is only for mighty and rich. This is nothing but an form of outburst of anger of a common man against a system where he feels lonely, helpless and like a prey.