It is a shame that justice in our democracy is unaffordable, inaccessible and slow.The change will come only when we demand it.
I can rape a minor, kill poor people sleeping on the roadside, forcefully take someone’s property, be a part of scams worth crores, break traffic signals, shoot endangered animals, murder in the name of religion and still not get punished for years. And, if miraculously the day of judgement comes sooner, I can subvert the law by persuading the people of my community or religion to protest on my behalf. If I am super rich … well, then I can either leave the country or hire the best lawyers to bail me out. Based on the news I hear every day, if this is the current state of my country, then we should declare our country a banana republic.
It is a shame that justice in our democracy is unaffordable, inaccessible and slow. ‘Tareekh pe tareekh, tareekh pe tareekh, tareekh pe tareekh milti gayi, My Lord, par insaaf nahin mila….’ Actor Sunny Deol’s rant from the movie Damini echoes in my ear whenever I think about the state of our judiciary.
Let us look at some of the major statistics that show the extent of problems that plague our judicial system:
As judiciary plays a key role in maintaining the rule of law, it is clear with these figures that our judiciary and executive have failed the people. I wonder if our parliamentarians even wish to fight for any change on our behalf as 1765 MPs and MLAs (36 percent of total no) are facing charges in 3816 criminal cases. Out of these 51 have declared cases related to crimes against women. This reminds me of these lines by Rahat Indori:
Jo jurm karte hain itne bure nahi hote Saza na deke adaalat bigaad deti hai (Those who commit crimes are not so bad The court spoils them by not punishing them)
The implementation of reforms and innovation in the judicial system to tackle the various challenges has been extremely slow. It has been 13 years since we are trying to implement information and communication technology(ICT) in the judicial system. The e-courts project that was our hope to achieve speedy justice in the country is still in the nascent stages of its second phase despite such an urgency to resolve crores of pending cases. The judiciary does not get enough budgetary sanction and most of whatever it gets are underutilised. Moreover, this judicial pendency also has economic implications. According to the economic survey, as of March 2017, “Together, the claims for indirect and direct tax stuck in litigation (Appellate Tribunal and upwards) by the quarter ending March 2017 amounted to nearly 7.58 lakh crore, over 4.7 percent of GDP”
Years of negligence by our politicians have led to this mess that has reduced the faith of the common man in the justice system. The current system has made a mockery of the ‘Access to Justice’ which is a fundamental right guaranteed by the Constitution. Non-resolution of lakhs of contract cases and property disputes deny people of their right to do business and grow wealthier. According to World Bank’s Ease of Doing Business report, it takes almost 4 years for resolution of a simple contract. Every day we hear news of how rule of law is violated across the country and how easily people get away with it. According to a survey conducted by CMS India, 18% households reported experiencing corruption in obtaining judicial services. Indian ranks 62 out of 113 nations in The World Justice Project (WJP) Rule of Law Index 2017.
We should no longer tolerate delay or denial of justice. The time has come when the citizens of India must demand better laws, efficient implementation, government based on the rule of law, and speedy and fair justice. It is in the interest of criminal politicians that judiciary and rule of law remain weak. But, if we continue to let the political parties and politicians decide the candidates for us based on money and influence as is the current trend, nothing is ever going to change.
We need a grassroots political platform as proposed by Nayi Disha where candidates are elected digitally using technology and voters choose their candidates based on their policies, leadership, and merit. These candidates will be our true representatives. This change is possible only if we change our current ‘chalta hai’ attitude, forget our differences and come together for the common cause of making India strong. The change will come only when we demand it. We have to write our own destiny where we are prosperous and without fear.
I would like to end with these famous lines by Rabindranath Tagore–Freedom from fear is the freedom I claim for you my motherland! Freedom from the burden of the ages, bending your head, breaking your back, blinding your eyes to the beckoning call of the future; Freedom from the shackles of slumber wherewith you fasten yourself in night’s stillness, mistrusting the star that speaks of truth’s adventurous paths; freedom from the anarchy of destiny whole sails are weakly yielded to the blind uncertain winds, and the helm to a hand ever rigid and cold as death. Freedom from the insult of dwelling in a puppet’s world, where movements are started through brainless wires, repeated through mindless habits, where figures wait with patience and obedience for the master of show, to be stirred into a mimicry of life.
Read more – A Common Man’s Appeal: Stop Shouting and Get to Work