In school, we were taught as a part of Civics subject that India has independent judiciary.
Rather the constitution makers foresaw not only a judiciary which is independent but one which is also competent in itself.
On papers our judiciary is independent of the executive but is it competent in itself?
The laws in place which should be self sufficient to prosecute a criminal still needs aid of media.
For an open and shut case like Jessica Lal Murder it took years and a huge media involvement to get the very obvious guilt of murder behind the bars!
The laws that should protect our freedom have Secition 66A under IT Act which is so open perception that it leads to arrest of two girls posting their (devoid of religion) opinion on FB arrested.
Judiciary that should be the supreme most body in the society in now a game in hands of Media.
It seems as if Media is the most powerful body in Indian society.
And it has become more evident with the shocking 'reverse sting' by Naveen Jindal!
If you want justice today; approaching Judiciary might not help much but a hype in media definitely one.
This is not democracy; this is chaos!
Law makers and Law abider; high time time tight up that grip!
Rather the constitution makers foresaw not only a judiciary which is independent but one which is also competent in itself.
On papers our judiciary is independent of the executive but is it competent in itself?
The laws in place which should be self sufficient to prosecute a criminal still needs aid of media.
For an open and shut case like Jessica Lal Murder it took years and a huge media involvement to get the very obvious guilt of murder behind the bars!
The laws that should protect our freedom have Secition 66A under IT Act which is so open perception that it leads to arrest of two girls posting their (devoid of religion) opinion on FB arrested.
Judiciary that should be the supreme most body in the society in now a game in hands of Media.
It seems as if Media is the most powerful body in Indian society.
And it has become more evident with the shocking 'reverse sting' by Naveen Jindal!
If you want justice today; approaching Judiciary might not help much but a hype in media definitely one.
This is not democracy; this is chaos!
Law makers and Law abider; high time time tight up that grip!
well strong media is also good democracy but media is also not independent.
ReplyDeleteThe reason why Justice in India takes so much of time is the procedural complexity. One of the finest constitution and an elaborate legal framework has been designed such that there is no room for error and each side gets a fair chance. Even in cases such as the Jessica Lal or Ajmal Kasab the procedure was followed to ensure that no party feels biased.
ReplyDeleteIt is true that Justice delayed is Justice denied but we cannot have judgments delivered as fast as a Mc'Donalds burger else there wont be much difference between the Khap Panchayats,the Darul-ul Uloom and our Judiciary.
Certain sections of the IT Act such as 66A have been hugely criticized and debated in the past month for the sweeping powers they grant. In fact more than the law it is the implementation and understanding of it which is necessary. In this case the police needs to be competent enough to understand if a case really falls under the cast of blasphemy and if the comments were really derogatory. The reason for the outrage was that the comments were about the Bandh and not the person, still the police chose to act under pressure.
Media the fourth pillar of the Democracy is essential for our Society to thrive. But though we have a very free media the question is are they really fair.
The fact that Judiciary uses Suo-moto so frequently is an example of an Active system. The recent example would be the questioning of the Supreme Court regarding the possession of Arms by private Security firms in the Ponty Chaddha Case. There is growing feeling amongst people about Judicial Activism and how Courts have been making observations about so many aspects of Governance. The situation was even more tense during the reading of judgments of 2G case and the Palm-Oil Case. Hence blaming the Courts of inaction is not really fair.
In the course ahead we can only hope for the Judicial Accountability Bill to be passed which will create a separate body to oversee the appointment of Judges and address grievance regarding their conduct.
Sushant very accurately said that, " In fact more than the law it is the implementation and understanding of it which is necessary"
DeleteThat is exactly what I mean when I say that Judiciary needs to tighten its grip!
Thank you so much for reading the blog and for the awesoem value addition to the topic! Gives me and all of us more fodder! :)
Nice
ReplyDelete