Tuesday, 4 February 2014

India of my dreams is far away...

Any nation which aspires to become developed and prosperous superpower needs to work extensively and dedicatedly in every area. No area can be nixed out as trivial and every matter has to be mooted up for consideration and if we talk about the judiciary system then it’s a paramount and cardinal issue. As far as democracy is concerned, no nation can sustain sans a robust judiciary as its one of the three pillars of democracy, the other two being legislature and executive. Now you can very well mull over the fact that without a good judiciary, the building of democracy is certain to be devastated into dust and in case of India we have everything except a good “JUDICIARY”.

Today India boasts of one of the most promising and auspicious economies in the world, one of the world’s most valiant and courageous army and also world’s largest democracy, but still today we lack at a very crucial platform and that is the judicial system of the nation. Even after 67 years of independence, India judicial has not observed any reforms. Changes have been there but they are so minimal that they cannot be deemed as a complete overhaul. Even today India judicial system is incapable of redressing people’s grievances efficaciously. India has been a world Guru in many fields but in this one unfortunately, India has to be edified.
It’s has been a sagacious aphorism

Justice Delayed is justice denied.

But I believe that Indian judiciary has not been able to read this statement. In India people get justice when their lifetime is denied by the God. Now I believe you can very well imagine how inefficient Indian judicial system is.
A dog barking an accused is in itself not a substantive piece of evidence to prove the accused in guilty, but in India it is. The incident dates back to September 2004, when the bodies of one Subhadrabai and her paramour Nivrutti were found lying in front of their house. Police investigations revealed that there was a dispute between Babar and Subhadrabai over laying of pipes. The police called in the dog squad and the tracker dog barked at Babar who was arrested for the murders. A trial court in 2005 held Babar guilty of murder, while acquitting a co accused and sentenced him to life imprisonment. Babar then approached the High Court in order to get his grievance redressed and after a duration of 10 years, the High Court decided that Babar was wrongly implicated into the matter. Our judges took around 10 years to decide that barking of a dog is an insubstantial evidence to prove that someone is guilty. The man who has been exonerated now had to face so many problems and difficulties and moreover he has lost his irreversible 10 years of life which are priceless. The 10 years of life in which he had to be in jail for no fault, the 10 years for which he could not give to his children, the 10 years in which his children and family had to bear so many hardships. There have been numerous of incidents like this before too. A young boy had to gave away his 7-8 years for a pickpocketing which he had never done. Is not it execrable? I believe it is.
There is a backlog of 30 million cases in India. Even if no new cases are filed, it will take about 350 years to dispose of them all. If a common man gets cheated or assaulted or murdered his family will have to move heaven and earth to get justice which will ultimately be denied to them. 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.

Even cases which cannot be filed take around a minimum of 5 years to be settled in lower courts. Government asks people to get their grievances to court, but due to such procrastinations shown by the judges, people even don’t want to hear the word “COURTS”. This is the true fact of India, a great nation, where people today have to waste their whole life for crimes they had never done. This is something which still shows that India has to move a lot and in these 67 years of independence our judiciary has learnt only a bit.

Think over it. Think over it.

May God Bless You.
May God Bless India,
Jai Hind, Jai Bharat
Jai Ma Bharti…


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