Justice: Delayed, Denied, Destroyed?

Posted on February 13, 2010 in Society

Ishleen Kaur:

Judiciary, an unspoken strongest pillar of any democracy, if broken can take whole nation towards severe consequences.

The question that holds immense importance in a democracy like India is whether our judiciary is fair or not? We all are very well aware of the fact that judiciary has the responsibility providing justice to the one who deserves it.

But what do we mean by justice?

The great political philosopher of Greece, Plato tried defining justice as ‘virtue’. He had four principles defining virtue wherein he marked justice above all, others being temperance, wisdom and courage. Justice being supreme harmonizes the rest.

Likewise, ‘De la justice dans la revolution et dan leglise’, a three volume work of a sociologist said, ‘it is only through justice that harmony between individual and social interest can be effected’. He wrote that justice demands realization of an order which is ‘liberty in order and independence in unity’.

Going by the above definitions and views, our judiciary somewhat fits in. But the ground reality has often proved the above wrong.

The judiciary has a number of flaws and to prove this point we can look at the past events wherein the judiciary gave the wrong verdict. By judiciary we not necessarily mean the Supreme Court. Such incidents are more often than not found in civil and local courts.

As far as justice delayed is concerned, the 25 year old case of Bhopal gas tragedy tells the whole story. (Need I say more?)

Also, demolition of Babri Masjid in 1992 is itself a major question on the maintenance of peace by law in the society. But after this destruction what was even more disappointing was arrival of ‘Liberahen Report’ after 17 years but worsening was the fact that the judiciary couldn’t act strongly as names of eminent politicians were involved.

Talking of a much recent example, Ruchika, was discriminated by the judiciary itself. After 19 years, the court ruled out a term of only six months jail and petty fine on SPS Rathore just because he had D.I.G before his name.

These are just few of the highlighted cases, but there are thousands, pending, delayed, denied.

But like always, we say, we try, we shut up. But now it’s time for us to speak up and speak loud. Let them be answerable. Are you up for it? Drop a comment or tweet us @YouthKiAwaaz.

The writer is a Delhi based correspondent of Youth Ki Awaaz.