Indian Judiciary System : Part 1.
One of my junior, Yash, urged me to write my opinion about Indian Judiciary System. Yeah, I can’t dare to write against it, even almost no one can dare. The judiciary system in India has been kept at the superior as to no one can question or raise concern in public against it. The verdict of Supreme Court is deemed to be final (only exception is right to Indian President to consider mercy petition). But a common question to which general citizen mangle- ‘How two different courts could arrive at two different judgements for the same case?’ Even I am perplexed how can this happen? The evidences being the same, witnesses being the same, accused being the same and complainant being the same; something which may change are lawyers and definitely judge or justice. This shows the loopholes in our judiciary system. Not only this, these shortcomings make the whole process cumbersome and long. Three tiers of proceedings financially makes the justice out of bound of low income people; leave over the ill effects of its yearlong proceedings in each house of court. Better accept that Justice is ‘Denied’.
To understand the system of Judiciary in India I tried to study IPC. I, to some extent, understood where the system lacks. In IPC there exist narrow passages to protect ‘innocent’ from being convicted. And these passages are always of advantage to culprit to escape the conviction. The Indian Law system very much believes in “No innocent should be penalized whatever be the number of guilty who will be benefited in order to protect the innocent”. A head tumbling policy. Another corner of the system is- “Though the laws had been drafted based on what is morally and ethical accepted but still the proceedings are strictly according to the statute of law”. If some matter is severely anti moral or highly unethical but if there doesn’t exists any law to criminalise or penalize such act then legally it is no offence. E.g if you commit an offence at the age of 17 years 364 days you are still child and the proceedings will be according to Juvenile Justice Act and if you had just crossed 18 years you are no more child and you will be dealt according to normal laws, whatever be the severity if offence in both cases.
One more clumsy provision in the system is- “It doesn’t matter whether you are literate or illiterate, you had read any of the act or not, or whether you committed offence just a second after the enactment of the law/act, if you performed an act which is offence under the law you will be penalized/punished.” In some case this provision seems to be perfect but at very next moment it seems to be a totally crab. E.g. when an illiterate claim that he didn’t knew that committing murder/rape/trespassing/robbery/conspiracy/and other offences are crime then this provision is very fine. But when offences are like defamation/IT Act/vehicle rules/and many others which we commit daily but because of lack of information neither we know nor the law keepers, and when we are caught we fell awkward to think – “this laws also exists‼!” One is- wearing sleeper while you drive bike is an offence‼ In these cases we only think – What a crab it is‼!
There was brief discussion in my home of the recent Delhi case and my mother was just wondering – “If everyone knows the incident and also the accused who committed that offence then why so time is being taken for hanging them till death‼” Not to indulge myself in any argument I just thought- “in our constitution everyone is deemed to be innocence until guilt proven and every accused person has right for self defence with dignity and this leniency in legal system is taking so much time. The case is presently in lower court a more delayed proceedings will go on in upper courts. Be calm and patience- It’s our own judiciary system and we must respect it.”
(More views are to be expressed and I will try in next blog some other day….)