Wednesday, January 13, 2010

IS JUSTICE REALLY BLIND??

In the spate of recent events that have unfolded in India, maybe it is time that one seriously looks in to making some serious amendments to the judicial system in India. An IPS officer can get away with being a sex offender, a convicted murder can become a chief minister, the trial of terrorist can go on for more than a year, the chief justice of India considers himself above the law and if you have money & know people in high places the law is what you want it to be. Currently the citizen of India is not protected by the constitution or judiciary in any way or form.


Of late the phrase the "common man" has been used by the media and politicians so loosely, that I have been unable to figure out which demographic that it actually refers to? I mean Shasi Throor's tweet about the "Cattle class" offended the common man but at the same time a 5-10 rupees rise in price of some commodity also hurt the common man. Come on are you serious… the guy can get on a plane but cannot pay a few rupees extra for vegetables? In a country where 42% of the population lives below the poverty line, 2% pays taxes I sincerely doubt the common man is the one drives to work in car or rides on plane. For the mango people ( have been dying to use that phrase) of the country justice and the idea of every one being equal in the eyes of the law must be as far fetched as India winning the soccer world cup ( possible but not in my life time).



The molestation case was shocking to say the least for many reasons, first it took 19 years for the court to give a judgment then, the punishment for molestation of minor was a fine of 1000 rupees and 6 months in jail!! Are you kidding me???? The girl goes commits suicide and that is what he gets??? The guy would have been sentenced to death in most parts of the world. The punishment has to equivalent of the crime and in what world is 1000 rupees a fine; I mean the fine for lack of attendance in VIT is more than that. To make matters worse he was a public servant who could even influence the CBI. But I still cannot understand how his wife did not divorce him ?? and worse be his defense lawyer ?? I do not know who is more disturbed ?? the wife or the husband??


Then we have Shibu Soren, the man was convicted of murder and has several other criminal cases against him but somehow has managed to become the chief minister of a Jharkand. The man should even be allowed to stand in an election for a building association president let alone chief minister. Is not common sense to not allow criminals to stand for election? At least not convicted criminals!! All you know next a Dacoit/Naxal will stand for election … oh wait... sorry that happened too .. maybe next is a Terrorist. Then there is the saga of Ajmal Kasab, whose trial is still in progress. His trial has been going on and on and on like some stupid Duracell battery advertisement. I mean seriously does it really take so long to get a conviction ? is not one of the slam dunk cases ??? if the length of his trail is any indication of the amount of time to convict a man of a crime. It is no wonder then that most crimes against women are not even reported. Women can get groped in the middle of Mumbai on TV and you still get away with it.

Another example of how everyone is not equal before is the case of Irom Chanu Sharmila. The lady has been protesting the use of the Armed Forces Special Powers Act in the state of Manipur, this act is considered a "dated and colonial-era law that breach contemporary international human rights standards" by the United Nations. Irom Chanu has been on a hunger strike since 3rd November 2000. On 6 November 2000, three days after she launched the strike, she was arrested by the police and charged with "attempt to commit suicide", which is unlawful and was later transferred to judicial custody. Then the police then forcibly used nasogastric intubation in order to keep her alive while under arrest. Since then Irom Sharmila has been under a ritual of release and arrest every year because under IPC section 309, a person who "attempt to commit suicide" is punishable "with simple imprisonment for a term which may extend to one year ( Source:Wikipedia). Compare this to what unfolded in Hyderabad with respect to the actions of Mr. K Chandrashekar Rao. Does it even seem fair? Basically if you are "loaded" and "well connected", the law of the land is what you make it to be.



The sad state of affairs is best exemplified by that fact the supreme court in India was fighting a case in the Delhi high court that the right information act (RTI) should not apply to the office if the chief justice of India ( implies the community of judges ). The verdict of the Delhi high court was in favour of people of India. But the office of the chief Justice of India has challenged the judgment and thus the case will now move to the Supreme Court. To sum it all up, the Supreme Court of India will now decide if the chief justice of India (head of the Supreme Court) falls under purview of right to information act.