Justice is an elementary principle of any civilization. Terms like exploitation, discrimination, ignorance and prohibition are universal and exist everywhere. It is then, when an unbiased justice plays a vital role to bring back the dignity of any guiltless citizen.
We live in a country, which is certainly the world’s largest democracy. It is a socialist republic which signifies fraternity, liberty, equality and social, economic and political justice. During the times when our constitution was being framed out, our former leaders ensured its flexibility over the diversity of our people, which still exists. They checked its litheness and were convinced that our constitution is the best probable outcome to establish a democracy as large as ours.
However, over the globe; democracies have been criticized for their delays. Though a bitter one yet is true that in a democracy, decision
making suffers a plunge. Certainly because a large no people are involved with their own counsel, which has to be respected. Each person represents certain group or community of his alike.
However, over the past justice hasn’t been delayed only in democratic countries. In fact, monarchies and dictatorships have also noticed absolute delays over yielding justice to their citizens. Although suppressed under myriad reasons such as political coercion or communal consideration, yet holdups to grant justice can’t be disregarded.
In India, where a three-tier government exists (legislative, executive and judiciary), the judiciary here is a unitary system which resembles Anglo-Saxon countries. Indian judiciary enjoys its powers to issue directions and writs to both legislature and executive branches of the government as well. Yet, our judicial system has constantly failed to establish itself as a transparent and swift institution.
Even from the past and present scenario of our country, we can draw plentiful examples where justice has been delayed to severe extents. Media has also played a crucial role at crucial times to dig the ruins. Yet, delays have been proved fatal, weather due to political influences, investigatory espionages or other factors. The murder case of Jessica lal, clearly elaborates the inefficiency of our judicial system. Even though the potent media left no stone unturned to bring the accused behind the bars and in spite there were hundreds of proofs and witnesses- yet it took an entire decade for justice of an innocent
girl. Murder case of Aarushi Talwar, another innocent teen girl is also amongst the vague mysteries in the archives of our court rooms.
All though both the cases are somewhat analogous as they both deal with murders of two naive women, yet these cases underline different aspects which lead to failure of our judicial system. The former on looks the justice swaying due to political influences however the latter highlights the incompetent investigatory agencies and consequently the justice being delayed.
Truly, the set phrase that the justice delayed is justice denied is pertinent. Considering the above cases, can the justice still be expected? And even if it’s done, will it be worth?
Days ago, New Delhi witnessed a string of protests over a gang rape case of a girl. The case remained in the limelight for much long. The people, the media and the police did their part to bring the accusers under the hammer. But even after almost 9 months there has been no concrete decision finalized yet. Doesn’t this lag insults the justice and moreover the girl’s dignity? Surely! It does.
The injustice to the justice is not restricted to the Indian precincts. Over the globe, justice has been delayed and consequently being denied. The trial case of Indian citizen Sarabjit Singh, in Pakistan is the potent example of justice being denied due to an unheeded approach of their judiciary.
Similarly, reports show that since 2012 Mexico’s 98% murder cases are still unsolved. Hence, the country faces a major challenge to perk up
the efficiency and fleetness of the judicial system. Similar is the case with countries like South Africa, Bangladesh and few other tardy nations.
Delaying justice, to any citizen of any society signifies a strong will of that system to deny it. However, sometimes situations may arise when cases are extended due to investigatory time lags, but then there should be special arrangements in every court to handle such state of affairs. For example: for cases which require frequent hearings, special fast-track courts should handle it so that other cases of less priority don’t suffer. Also, in a country like ours; where today more than 3 crore cases are pending, special courts can be established for similar subjects.
According to reports, The Supreme Court of India handles 893 cases annually as compared to its foreign counterparts USA (100 or fewer), U.K, Canada and others. Such situations put the judiciary under pressure and hence depreciate the eminence of the justice and consequently the time delays.
As a result, competent steps shall be taken to improve the fleetness and pace of the judiciary without compromising with the quality of the decisions. If required, no of courts shall be increased. Further, authorities shall observe that since independence, there has been drastic change within our society. So accordingly changes can be introduced in the system to face some situations more efficiently.
For example, recent incidents claim increase in no. of rapes and molestation with women. However, according to IPC, Section 375 which defines rape, sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. However, such an affair is not viable in present scenario where we have witnessed rape cases by men against 3-5 year children too; then by which means we can assure such children a scope of justice and a regal future? Recently in summer session of parliament in 2013, a law was conceded on looking the recent recurrent rape cases, according to which any sort of penetration (either penile or by any unnatural means), inside female orifices without her consent is to be considered an offence, which on the contrary can be considered as a step ahead in a precise direction.
Recently, a reputed national daily criticized the quality of our supreme court on the terms of its vast self-enlargement of its jurisdiction just like the other general courts of appeal. The article accredited the refurbishment of the exclusivity of the highest judicial institution of our country and compared it with the supreme courts all over the globe. The article also addressed that such courts with such esteem and powers shall only consider the litigations of national importance and that too with full bench strength. This would not only integrate the dignity of the court but also improve the quality and efficiency of the general courts like the high court and the session courts.
To conclude, justice is any man’s right. It’s a duty of entire society to ensure that a quick and apposite justice is awarded to every
innocent. The law makers, the adjudicators and the authorities shall also update their charters according to the circumstances and in a flexible approach. The laws shall be amended to benefit the most and the naive.