neha inaskar/ April 27, 2015/ Uncategorized/ 0 comments

Last weekend I have seen Marathi Movie “Court” which talks about our Indian Judicial System and showcases the loopholes in a very effective manner. The movie was simple & straightforward with one of the most important issue of our Indian Society – Our sluggish Judicial System. It makes me juggle around and around with the approach that our judicial system do have today. Being one of the ancient civilizations in the world, number of empires rise and fall, transition took place in every era and at every stage we did have judicial system so that guilty to be get punished and for the very welfare of the humanity. But today the scenario has changed – it is presumed to be the lethargic system, time consuming without any prompt results. The title which I have given to this article make me think again and again whether it is still prevailing in our society or  it has just become a namesake tagline for our judicial system.

Judicial system has been assigned a very significant role in the Indian democratic public system – the Guarantor of the Fundamental Rights of the citizens and Guardian of the Constitution on which our whole society is built up. But still the question remains the same. Does it perpetuate at the subaltern level? Does it really a savior of common innocent people? The irony is that it is being a game for rich people who can easily make their greedy moves by using gray areas of our laws and through hefty payments to the so called lawyers. While on the other hand, common man gets entangled in the long procedures and in the due time even though being not guilty – he faces the punishment indirectly. Thanks to the delayed justice. Justice in our society does have a downward filtration!

Does it make any sense of such type of camouflaged justice which is masked with laziness and cruelty? On the name of welfare – modesty selfishness arrogance thrives in the system.The ever long lasting old irrelevant laws are still grooming in the 21st century. Many out of which are not applicable in the present society as well. The example shown in movie regarding the Dramatic Performance Act, 1876 of British Raj which prohibits dramatic performance in any local area, except under license. It still exists and consequently hindering the fundamental right of freedom of speech of citizens. They suppressed concern of citizens on the name of sedition. Similarly Indian Telegraph Act, 1885 is still prevailing for communication in the age of information technology. The invention of internet is in 90s while we following the laws of 80s. STRANGE..!! Similarly there are such ‘n’ numbers of regressive laws which are still prevalent in today’s society.

Though our judicial system is working well at the upper level on broader cases, but hardly it has strong foothold at the downstream level. Judicial activism is above par in our nation. Constitutional validity of section 66A of IT Act, the Representation of the People Act Section 50 (c) Amendment stating Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of a Legislative Council (MLC) who is convicted of a crime with more than two year sentence will be disqualified as an elected representative on the date of conviction, Rights to Transgender and many is simply appreciative. But at the bottom level, it is filled with filth. Nowadays the virtue behind the profession of lawyer is getting faded day by day. It has now become mere a source of income and because of this – as we all know “Money talks” they trenched there selves in the filth of corruption. Honest lawyer couldn’t make up to rise up as they are the only one in the system who is willing to support the unprivileged ones and consequently they prey to the adversities of the society at the end.

Being at the 68th year of independence, common man is still not getting proper treatment at the bottom level. Complicated laws, lengthy procedures, delayed hearings –all these things have taken common citizen for granted. I would like to ask a simple question – Have you forgotten that a common man has come for justice by giving up his work which means his source of existence? While completing the formalities in the hope of justice, he give up his own as well his family’s bread on stake. In country like us, about 60% of population comes under unorganized sector for which their daily wages is only the source of their survival. So how can they have a square of meal if get busy in roaming around the courts? Then Justice just only becomes like a Kshitij (no English word can explain better) – Justice which one can see but in reality it doesn’t exist.

“It is the time for our luminaries to give up their tendency to seek absolute power by seeking exemptions from our laws and to realize that true greatness consists in joining their fellow citizens in a truly egalitarian spirit and submitting to the laws of the land.” – (From The Hindu –“No one above the law” by Jagdish Bhagwati)

This all needs to be reconsider again for the common subaltern society. Time has come to move towards an egalitarian society. Simple, self explanatory laws and rules, down to earth approach is the need of the hour. Laws should be black & white instead of gray areas on which unethical values flourish. Because being simple makes life perfect. We need to tackle our problems with different outlook. I do agree it is not a job of one day – but step by step we can gradually transform it. Because common citizen is still waiting for the DAWN.


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