The reforms I expect in India - The Judiciary

[Guest guest]

The Reforms I expect in India – The Next Generation

In the good olden days, the emperors used to hear the pleas of public on

specific days and used to decide the cases then and there itself. There were

instances in India where the Kings were also punished by the Judiciary. The

Judiciary was considered as utmost supreme. The history speaks of the instances

where Judiciary was given appropriate placement in order to do justice to the

public wherever and whenever needed. This approach created confidence amongst

public when Judiciary was considered as immediate grievance redress machinery.

 

There are three systems of administration in a democratic set up like India,

the first one being the Governing body, the second one being the electoral body,

and the last one being the Judiciary. I have very little to say about the first

two since any news paper does speak of them every day in every forum. Perhaps

they have come to a conclusion that the present functionaries in the Governing

body and the Electoral body are beyond repairable condition. They are inter-

dependant and nothing much can be done in these two areas. The only surviving

hope for the country and the countryman is JUDICIARY.

 

In the absence of immediate grievance redress machinery, people tend to

approach rowdies, goondaas, extremists, and other agencies which were preexisted

to civilization. A so called civilized society has certain coded order of life

and therefore it is called Civilization.

 

In countries like USA, cases are settled within a time frame work and the

punishments are mostly extreme while most of them involve heavy financial

penalties. Thus this gives a signal to the public to be cautious since people

are not prepared for financial loses. The second kind of punishment, basing on

the gravity of crime, is ordering a law breaker to clean the roads, or do

something useful to the public openly so that this kind of punishment is not

only useful to the public, but also remains as a caution, and also shall remain

as a reformation step in the attitude of the law breaker.

 

The appeal and further appeal, adjournment of the cases infinitely without a

time limit are all causing loss of faith in the system and therefore the

undesirable anti social elements are cropping up with lot of confidence that the

Judiciary cannot do anything, and even if the judiciary does something nothing

to worry since the case can be dragged forever and forever on different reasons,

at different levels. In other words, there is no reason and scope for fear of

punishment and this confidence in the minds of people is making them criminals

or scope for committing crimes or for law breaking and the list is endless.

 

A judiciary can enter into nook and corner when an administration and the

electoral cannot. A judiciary can also set right the administration and the

electoral and it is the only and THE ONLY HOPE FOR THE COUNTRY today.

It is quite essential that a time frame work, say three months for a civil

case including the period of appeal; say six months for a criminal case etc. are

a must and this initial step is sure to do lot of wonders in the country.

Nothing to worry much about the pending cases, the cases can be handed over to

the senior advocates or retired judges who can volunteer to clean up the pending

work on war footing basis. From now on, all cases can be kept open on records

including the date of filing, the procedural aspects and the status of the case

and a kind of transparency shall help people to know what is going on and where

exactly the case stands. The system can be linked to internet too. This will

help creation of confidence on the system and this will also help to some extent

establishment of purity of minds. Some important cases can also be telecasted so

that public can see and keep themselves confident of the available redress

machinery.

 

The Law books says that JUSTICE DELAYED IS JUSTICE DENIED. It is up to each of

us to decide whether we are denied of justice or otherwise, but let us make sure

of ourselves with a certain amount of commitment that we should not DENY justice

for whatever reason it is.

 

It is obviously difficult to change the act since political interference

remains as a must for it, but from legal administration angle, of course, I

believe there would be great scope for such reforms provided we are committed

for it.

 

Probably some of our children, grand children, great grand children may

become the sufferers if we do not plant a seed of discipline today and it is

possible only through Judiciary and Judiciary is the only surviving hope for

all of us.

 

Any suffering is possible, for example, the houses which we are giving to

children may turn out to be a liability when they fight cases years and years

together for getting the house vacated by the tenant, or a criminal is given all

comforts in a jail for years and years together when some of children and grand

children remains to be a sufferer all through their life and so on, the list

remains again infinite. Is it not time for us to do something?

Dr P V Sesha Sai Aswamedhayaajji

 

E mail shodasisai

11th July 2007