Saturday, March 17, 2018

A commentary on the Justice System in India

Justice is blind as portrayed by the lady with blinds on her eyes but is it really? Justice is served directly or indirectly by an array of people ranging from police officers who don't register FIR's, to clerks who on payment of certain bribe keep pushing certain cases to the back of the queue, to judges who can be bribed to give certain orders. The main problem plaguing India today is not poverty which has been greatly alleviated since its heydays but lack of proper justice which makes its citizens suffer. Ever since I was a child I was constantly reminded by my father not to ever go to the police or a lawyer. I believe that holds true for most homes. There is mistrust in the justice system because it greatly benefits the rich. This can be seen in multiple cases like in the case of Salman Khan where even after being alleged of multiple crimes ranging from killing an endangered animal to running a car over multiple people while drunk, he still roams scot free.

Even before being caught, the rich can bribe officials, flee to another country or just plain disappear from the public like Houdini and evade justice due to them. Take Vijay Mallya's case for example. He fled the country without ever being brought to justice and is using the millions stolen from govt banks in India to live a life of privilege in the UK where his case is being heard. With some help from the British govt, he will never have to face going to prison for his crimes. Similarly the case of Modi and his savage looting of public money and fleeing to New York. With a connected world, it is becoming difficult to hide from the media glare and he was easily traced to New York but still, govt officials deny all knowledge of his whereabouts. With foreign govt help, black money is hidden offshore at various locations- Switzerland, Mauritius, and the Cayman Islands. You don't have to be a genius to prepare a list of all countries which facilitate such transfers and sign treaties with them to help us in tracking and reclaiming black money. It is just a matter of will and sufficient pressure.

In some cases owing to political pressure, no cases are brought against certain criminals and they don't even have to flee their country.  Robert Vadra is a prime example in case. Although the opposition party, the BJP came to power promising swift justice against Robert Vadra and his ilk, there has been no cases filed against him nor is he being investigated. This could be because of multiple reasons but the most obvious is that birds of the same flock fly together. BJP can't go after the son-in-law of the Gandhis as they would be put on the backfoot as they have criminals in their own party; thus making it a prudent for them to make inside deals with the Congress party.

Even in cases where criminals are convicted like in the case of Lalu Yadav, justice is delayed. He stole millions in his prime and enjoyed his ill-gotten wealth till now when in his old age he is in prison. Justice delayed is justice denied and that cannot be denied by anybody. If everyone gets a chance to enjoy a luxurious life throughout their life and go to prison only after they turn 60, it is a wonder most people don't turn criminals.

Another loophole is the role of age in the conviction of the criminal. Criminals below 18 are considered minors are treated leniently and hence can commit very harsh crimes and still get away with light punishment. Criminals above a certain age can delay cases enough by using money and power to die a natural death and never see prison while criminals between these ages have multiple options available to them. They can delay their conviction so that they serve it while they are old, like in case of Lalu. They can flee like Mallya and Modi. They can just flee to a country where they are unlikely to be traced, gain citizenship by investing a certain amount of money and enjoy living.

All these factors and repeated events of criminals fooling the justice system leads to a certain reticence with trusting the courts to look after your welfare, which brings me full-circle to my initial stand. It is easier to suffer and keep quiet rather than waste both time and money in courts. Delayed justice also promotes crime as criminals know their options and are not afraid of the consequences of being caught.

What is needed are the following -
    1) Like in case of certain courts in the US, AI should be used to decide on the quantum of punishment so that it is not influenced by a judge and can be impartial.
    2)  In certain civil cases, where the case is clear - criminals can admit to crimes and get away with lighter punishment, thus not wasting the precious time of courts.
    3) A watchdog to overview adjudged cases so that corruption in courts can be looked at
    4) Better international relations with criminal hotspot countries
    5) Thorough investigations by ACB and harsher punishment for corruption
    6) Aadhar linking so that criminals even after getting out can be tracked to prevent future crimes
    7) Better childcare services so that children are turned away from lives of crime.
    8) Go digital so that all judgments are available in public scope and easily searchable so that people are not taken for a ride by their lawyers and the courts. This must be provided free of cost

I can only hope that all of these are implemented soon and the India 2020 which was imagined by our dear late president APJ Abdul Kalam will come to reality.

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