The blindness Indian judiciary
Two consecutive dates 31st July and 1st August are notable for those who study about Indian judiciary.
31st July- Court sentenced Sanjay Dutt for 6 years imprisonment.
1st August- Maudhany was acquitted.
Let us compare the two cases. Maudhany was acquitted after a long term of 9 years in jail without getting a bail. But Sanjay Dutt had to stay in jail only for one and half years. For the rest twelve and half years, he was out of the jail gaining a bail.
That is, in India an innocent person had to stay in jail for nine years. But a guilty person was bailed for 12 years. The way the courts reacted in both the cases is shameful for the Indian judiciary.
Indians may be in the first place in the abuse of all kinds of laws. In the nations except in India, an ordinary police constable can fine the prime minister or the president of that nation if he hadn't followed the traffic rules. This not possible in India. It is because of these reasons, many writers say that Indian judiciary needs to be reformed.
Law enforcers think that what is the problem present with Indian judiciary at present. Actually, Indian judiciary is full of problems. The problems of Indian judiciary start even from its symbol. The symbol that is widely accepted is that of a woman whose eyes are tied with a piece of cloth holding a balance in her hands. Does it mean that the laws are blind? Does it mean that one who depends on court have to sing a song meaning that judges are blind like doorposts?
The problems are not only associated with the symbol but also with the laws. For example, in India, for those who attempted for suicide will be imprisoned for 1 year according to section 309 of Indian penal code. But in progressed nations suicide attempt is not a penal offence. What can be told about a judiciary which imprisons such a person instead of making arrangements to treat him mentally.
Indian judiciary is full of these types of nonsense. Why should we obey these type of ridiculous acts that even judges will make fun of at. (Eg- A judge proclaimed that 'IPC 309is not suitable for humans after acquitting an old woman who attempted to suicide.) If we do, will the world tease the Indians as non reactive or dead?
The law which restricts the use of guns by the public is welcomed. Otherwise, what happened in Virginia will continue to happen in India. The order of the court to imprison Sanjay Dutt even after it had been proved he kept AK-56 only for self protection needs to be condemned in strong words. His action may be against constitution. A man protects himself if others can't protect him. If one can protect himself from the attacks abiding the rules, and law gives protection to the people, how could all those3000 people could die in the religious riot of 2002 in Gujarat. So the law doesn't give protection to the people. So Sanjay Dutt was forced to buy the gun. If Sanjay Dutt was fined instead of being imprisoned, it will be a punishment based on justice.
Because of these reasons, we can say that Indian judiciary needs to be reformed. Otherwise, the dream of a progressed India in 2020 will not be materialised.
Two consecutive dates 31st July and 1st August are notable for those who study about Indian judiciary.
31st July- Court sentenced Sanjay Dutt for 6 years imprisonment.
1st August- Maudhany was acquitted.
Let us compare the two cases. Maudhany was acquitted after a long term of 9 years in jail without getting a bail. But Sanjay Dutt had to stay in jail only for one and half years. For the rest twelve and half years, he was out of the jail gaining a bail.
That is, in India an innocent person had to stay in jail for nine years. But a guilty person was bailed for 12 years. The way the courts reacted in both the cases is shameful for the Indian judiciary.
Indians may be in the first place in the abuse of all kinds of laws. In the nations except in India, an ordinary police constable can fine the prime minister or the president of that nation if he hadn't followed the traffic rules. This not possible in India. It is because of these reasons, many writers say that Indian judiciary needs to be reformed.
Law enforcers think that what is the problem present with Indian judiciary at present. Actually, Indian judiciary is full of problems. The problems of Indian judiciary start even from its symbol. The symbol that is widely accepted is that of a woman whose eyes are tied with a piece of cloth holding a balance in her hands. Does it mean that the laws are blind? Does it mean that one who depends on court have to sing a song meaning that judges are blind like doorposts?
The problems are not only associated with the symbol but also with the laws. For example, in India, for those who attempted for suicide will be imprisoned for 1 year according to section 309 of Indian penal code. But in progressed nations suicide attempt is not a penal offence. What can be told about a judiciary which imprisons such a person instead of making arrangements to treat him mentally.
Indian judiciary is full of these types of nonsense. Why should we obey these type of ridiculous acts that even judges will make fun of at. (Eg- A judge proclaimed that 'IPC 309is not suitable for humans after acquitting an old woman who attempted to suicide.) If we do, will the world tease the Indians as non reactive or dead?
The law which restricts the use of guns by the public is welcomed. Otherwise, what happened in Virginia will continue to happen in India. The order of the court to imprison Sanjay Dutt even after it had been proved he kept AK-56 only for self protection needs to be condemned in strong words. His action may be against constitution. A man protects himself if others can't protect him. If one can protect himself from the attacks abiding the rules, and law gives protection to the people, how could all those3000 people could die in the religious riot of 2002 in Gujarat. So the law doesn't give protection to the people. So Sanjay Dutt was forced to buy the gun. If Sanjay Dutt was fined instead of being imprisoned, it will be a punishment based on justice.
Because of these reasons, we can say that Indian judiciary needs to be reformed. Otherwise, the dream of a progressed India in 2020 will not be materialised.
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2 comments:
Well as a matter of fact, judiciary in general doesn't have a great role in the development of India. However, a well functioning judiciary has to be seen as a pre-requisite for smooth transmission of our country from the status of a 'developing' country to a 'developed' country. Invariably every developed country gives enormous attention to make its law enforcement system fault free and updated. .
India has often fogged limelight in the international arena for the transparency of its judiciary, latest being the fair trail given to the 26/11 accused Ajmal Ameer Kasab. However, it remains as an obvious fact that there is a need some timely amendments to the system on account of the changes occurred in various fields of its jurisdiction since the very thing was formulated.
IPC 309 has always been a issue of debate in modern India. Suicide has been considered a crime according to our judiciary,not because there is a need to punish the guilty, but instead to establish its notion against self homicide. Over the years this part of the the IPC has behaved merely as a watch dog against the crime rather than trying to punish the guilty. Hence it's only appropriate that such a mechanism is in place.
I must agree with your view that the one's who had failed in a suicide attempt must be rehabilitated with efficiency, which could withhold him/her for attempting the same again.
But one cannot ignore the social aspects of suicide in a country like India. According to Madras Institute of Development Studies (MIDS), who has studied farmers’ suicides between 1997-2005 based on the National Crime Records Bureau, in every 32 minutes on an average On average, one Indian farmer attempts suicide. Do we have any kind rehabilitative system for the for those who failed in their attempt to kill themselves? This points to the fact that its easy to cry foul over Judiciary and to ask for a complete change in the system. But as like most thing in our country, the issue is complicated and must be dealt with far more caution and integrity. In the end, one also has to admit that faults and failures of the system are unavoidable.
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