Tuesday, December 8, 2009

The one big idea that will define India in its 21st century is to make amendments in the Indian judiciary.

The one big idea that will define India in its 21st century is to make amendments in the Indian judiciary.

According to me judiciary should be in the list of “basic necessaries of life”. India which has longest constitution in the world has failed to provide justice to the people. The vicious never ending circle of solving of the case, the endless amount of money spent on each case draws people away from going to courts for justice.

In India, there are three classes- Upper class, middle class and the lower class. Upper class when they go to the judiciary for justice it often leads to corruption because of their excessive power of money. The well known case of Jessica Lal murder case, where Manu was convicted murder of Jessica a well known model. The case was diluted by bribing the witness and other important sources but because of the media hype the case was re-opened and now Manu is behind bars. The recent case of lack of efficiency of judiciary was submitting the “Babri Masjid - Liberhan commission report to the PM” which took 17 long years.

The other class is the Middle class are the victims of “vicious never ending circle.” Generally tend to avoid the courts because of it. People in this class are aware of their RTI act but excessive amount of money and visiting the trail for years together makes them stay away from justice. Which leads to amount of corruption in the government offices, schools, and private institutions. The important case that took place on 31st December 2008 where the lady was molested outside Juhu even though she had evidence she avoided the thought of going to the judiciary for justice.

The third unfortunate category is the lower class the have-not’s class of people. These have-nots are the majority of people living in India where the problem arises. The main root cause of failure is not corruption it is because of lack of knowledge to these have-not’s about the judiciary and are cheated because of their illiteracy. Even after years together Dr. Ambedkar made certain amendments in judiciary for Dalits till today they are being treated the same way as the way treated years ago especially in rural parts of India. The national crime record bureau (NCRB) statistics for 2007 for crimes against members of the S.Cs and S.T the figures shows that Uttar Pradesh topped the list on atrocities against the SC and ST with 2,113 cases out of a total 9,819 . Scheduled castes and scheduled tribes (Prevention of atrocities) Act, 1989 implementation of this Act 20 years ago and there are still lot of atrocities face by the dalits because of their “lack of knowledge” about the Act.

There are only some cases which highlighted by the media and justice is provided. What about the other cases? The lawyer who wears black coat and people call him “your hounour” It signifies the trust and respect given to him to provide the “fair” justice. But if one carries on similar means of delaying the trial and not providing adequate justice or no justice at all, people will soon loose their faith and corruption will reach to such an extent which will impossible for judiciary to control it.

Therefore to avoid increase of corruption, failure of justice it is very necessary to find a solution to have adequate and systematic judiciary. For that government policies and police should play major role of convicting the right victim and not to attain means to carry on the trail for the sake of it because of the increasing “hype” in media. The other major point I would like to highlight is Why not the Indian judiciary, patterned after the British, change and become truly swadeshi and Indian? One should think about it and revolutionize the judiciary system.

One major change in the judiciary we saw this year was Bill which was passed in the parliament to show the assessments of lawyers to the public. This was one good advantage of seeing the amount of corruption done by the lawyers and thereby an action should be taken by the government to punish them for such offence. Such amendments will definitely change India. It will be “Known for equal justice” worldwide and grow as nation in the future.