Indian judiciary system,
which encompasses laws and rules governing the social and fundamental scenario
of the country, is largely influenced by the English common legislature owing
to the prolonged influence of British colonial culture. Although the judiciary
system is based on the core values, morale and cultural traditions of Indian
society; it has a number of loopholes which often triggers various crime and
illegal endeavors.
The Indian judicial system is
supposed to protect the common men from lawbreakers and offenders. But in
reality it serves the
political authorities and
provides protection to gruesome criminals who are subtly backed by the
politicians. The role of Indian judiciary in securing law and order across the
country should be impartial and free from all sorts of external or unauthorized
influences.
Most negative aspect of
Indian judiciary system is its lethargic and slogging approach. There are
countless instances wherein cases run for decades and the defendants pass away
without being awarded with the proper judgment. Indeed this is shameful for any
civilized country that boasts about its advancing prosperity. According to the records till January 2005,
more than 30,000 cases pending at the Supreme Court, 33.79 lakh in high courts and more than 2.35
crore in lower courts. With respect to the population on India, the ration of
judges to people is 10.5: 10, 00000 which is no doubt the poorest in the world.
Often people wait 5 to 20
years to get their cases settled through normal legal course. Another eminent
instance of Indian judicial failure is the Bhopal Gas Disaster Judgment. After
more than 20 years past the fatal incident, finally Indian judiciary was able
to find a decision. But the cornerstone of this case which is the ‘principle of
absolute liability’ has been diluted in the decision. It shows nothing but the
indifferent approach of the judiciary towards the plight of the victims and any
other accidents that may take place in the future.
The Jessica Lal murder case
is considered another of major delay of the Judiciary system. The young model
was shot dead at a Delhi bar by Manu Sharma whose father was a politically
influential person. Though the police chalked the case against him, he went
underground for several days and later on when the preceding started, most of the
eye witnesses denied to identify him as the murdered. This is a classic
instance of ‘Justice Delayed Is Justice Denied’. In some other cases popular
celebrities and political leaders have twisted laws and facts to escape
penalty, eg case of Sanjay Dutt’s involvement in Bombay blast or Salman khan’s
road rage case. These people are free mainly due to lengthy timings of case
hearings and loose laws.
Apart from the major cases,
there are countless cases of rape, murder and other crimes which remain
unresolved for years and the victims suffer pain of dissuasion. The Indian
legal system requires a major boost and a complete reformation in order to meet
the expectations of the citizens on India. First of all, inflecting the legal
judgments, which is considered a crime according to laws, must be punished with
immediate effect. In case the existing count of courts is less compared to the
population, new court setups should be opened.
There should be an even
arrangement for the pending cases and new cases. The court remains closed for
days just like school holidays which are nothing but an unnecessary luxury.
With so much work pending, Government should trim down the number of holidays
and day offs. Legal system should not be a purchasable commodity any more.
Politicians should be strictly restricted from directly or indirectly
interfering in judgments. Moreover the corrupt political leaders must be
treated with utmost stringency.
Finally it is the
responsibility of every Indian to look after its legal system. If all of us do
out bit to stay within the legal limits, indeed it will make the task easier
for Indian judiciary.
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