In India today we witness crimes being committed, but there is no
criminal! During the first half of 2006, India’s justice delivery
system was put in the dock and adjudged guilty. In a series of
high-profile cases, the criminals have not been brought to book
and there is widespread perception that the system has not
delivered. Indeed, there is a near total failure of the system.
Witnesses who turn hostile have now become a regular feature,
clearly pointing to the role of money and muscle-power. It seems
that the effects of money and influence extend beyond the
witnesses. Often, the accused are the kin of politicians and other
powerful people.
A combination of shoddy investigation, poor prosecution, sheer
inefficiency, corrupt authorities and general insensitivity in the
society have ensured that the criminals go scot-free.
The impression seems to have grown amongst the well connected that
they can get away with anything. Sadly, they seem to be right. It
is difficult to recall an instance of anyone from the power-class
being convicted - despite dozens of cases of corruption, rape,
rioting and even murder.
The police - by and large - are willing recipients, as is much of
the bureaucracy and politicians. As a result, the law and
law-enforcers are neither feared nor respected.
India’s judiciary has, for long, been respected for its
independence, erudition, and vision. The highest court has
delivered many landmark judgments and has sometimes been a more
powerful voice of the people than their elected representatives.
Yet, the overall system is so overburdened, its arteries so
clogged, that its heart is in danger.
Cases that linger for a decade or more - thanks to endless
adjournments, transfers, vacations and procedural flaws - make
courts the place to delay justice rather than to seek it. Add
bribery, threats, false cases and hostile witnesses, and what you
get is a mockery of justice. Little wonder, then, that those who
can take the law into their own hands do so.
A number of reports and commissions have made some excellent
recommendations for desperately needed police reform. However, the
absence of people’s pressure has made it easy for politicians with
vested interests to scuttle any reform.
Meanwhile, those whose voices carry weight with the government
have focused on all other aspects - from privatisation and
economic reform, to FDI and labour reform - but not on the
pressing need for radical reform of the justice system.
The corporate world - and, indeed, all of the educated India -
must realise that if there is one show-stopper for an economy on
the roll, one deterrent to investment and one storm to end their
shining party, it is social upheaval.
If over 160 districts in the country are “Naxal-affected”, at
least part of this growing spread of violent armed action is due
to the perceived lack of a fair and equitable justice system. The
answer to Naxalism is social and economic justice, not merely more
police forces.
1984 violence against Sikhs, forced exodus of Kashmiri Pandits
from Kashmir and their genocide, intrusion of foreigners in North
East and sufferings of natives are some manifestation of the
system not being made accountable. It is time we woke up. |
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