Thursday, August 5, 2021
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Judiciary has failed the people of India

Indian Judiciary fails, Supreme court of india, nirbhaya case, justice to priyanka reddy , priyanka reddy, telangana police, hyderbad police , police encounter, telangana encounterJustice cannot be immediate. But we must also stand beside the victims and those whose rights have been violated. One must also ask why in some cases, justice is slow to pronounce? Is it a question of organization? Or do other factors interfere with the functioning of judiciary? When freedom is threatened to say nothing else, can it be said that it takes time to decide about the verdict of a case.

There are circumstances that require justice to be pronounced quickly. Elsewhere in the world, constitutional Courts, have procedures for delivering justice in a timely manner. Criminal justice system is underfunded, behind times, too many Court holidays, public prosecutors offices and judges don’t attract the best talent and constant adjournment and delays of decades is unacceptable. Justice delayed is justice denied! Both the government and the courts are to be blamed. The public is helpless here. It is time to act in a fitting way.

I agree with the view that justice cannot be instant. However, it cannot be delayed too. It is not a job of the police or someone else to decide in what way punishment should be given to those accused of a crime. However, let us not overlook a few ground realities. During last seventy years after Independence, we have refused to implement legal reforms; we have not  implemented police administration reforms; we have refused to have in place a judicial system and procedures which ensure speed and efficiency and which do not allow someone with right political connections to deny justice to victims of any crime.

It is time our lawmakers as also other important stakeholders civil society do some critical introspection and take self-correcting measures as suggested by Chief Justice of India. All bigwigs have to put their heads together and remove the red tape and sluggishness.

Otherwise, people will decide this way only.

Slow delivery system (both criminal and Civil), lack of seriousness about social evils, absence of spirit of the rule of law, unconcerned about economic impact are some of the lacunae in our Judiciary system that has led to citizens to take law into their hands. It will be really grave if Judiciary does not introspect and correct its functioning.

If justice comes after 10, 7 or 8 years what is the need of that justice. Strict guidelines should be framed by Court regarding delivering justice. At first if crimes have been proved against a person, then there is no need to grant him bail. Second, the whole appeal scenario from district to High Court and from there to Supreme Court and then review and mercy petitions further worsen the case. It is not the way good governance work. This whole exploitation of power by politicians, relatives of politicians further aggravates the situation. Setting of fast track courts is of no solution till process of appeal continues. Instead of that, when the victim on the death bed had disclosed the name of accused, a fast track court under supervision of High Court consisting of reputed and senior judges should be constituted whose orders remain unchallengeable.

One would agree that justice cannot be instant. But the Chief Justice of India should be aware that it should not take such a long time of over five to seven years for delivering justice. People have by and large lost faith in the way in which judiciary is functioning and cases prolonged for indefinite period. The administration of justice requires thorough overhauling. It should not take more than three months for delivering justice to the victims of heinous crimes like rape and murder. The judiciary has failed the people of India. People of the country are afraid of saying this lest they will be hauled up for contempt. Judiciary should remain sensitive to the feelings of the people.

Every citizen can understand that justice is never instant but government and judiciary should also understand that importance of time limit.

1) Even after 7 yrs, the Nirbhaya Case culprits are not brought to justice.

2) The main culprit of the Nirbhaya Case has escaped punishment by playing the juvenile card.


(The views expressed by the author in the article are his/her own.)

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