Freedom Expression

Justice Delayed; Justice Denied

Posted in India, Indian Judiciary by Tall Guy on July 3, 2010

The verdict of the Bhopal Gas Tragedy fits the above quote perfectly with its “mockery of justice”.  It has been a long wait of 26 years for the leaking gas victims and in the end the 8 accused gets away with lighter punishments of a maximum imprisonment of 2 years and a fine of a meager sum of 5 lakhs.  The fact that they were able to secure bail (Rs 25,000 bail amount) within a few hours of the verdict rubs the salt on the wounds of the victims.  Yet the victims’ hopes for justice, the bigger fish to be caught responsible for such a disaster so that there could be a closure for them of the dark night that took away their near and dear ones and left some impaired for the rest of their lives.

This is the tragedy of the Indian judicial system where seeking justice sometimes results in fighting court battles for years and when the verdict was out it was too little too late.  The Indian courts are full of back logged cases and even a simple open and shut case takes years to give out a verdict.  All one keep getting is a date for the next hearing.

If one looks at the Ruchika’s case, it should not have taken almost 20 long years before justice could be delivered.  In that 20 years of long struggle the victim Ruchika gave up her life, her brother had cases registered against him and ended up tortured in the hands of the protectors of the law.  The family shifted to another place to get away from the harassment.  The irony is that no body gave it a thought why a molestation case was taking so long to deliver the verdict?    The verdict finally nailed the accused but the victim who went through an agonizing pain was not there to see it. The pain, torture & the long wait the family went through in their fight for justice cannot be compensated.  Their fight is still on as they seek to nail the accused for the abetment of suicide of the victim.

This was one of the cases that could have be lost in the number of the court cases that goes on if not for the media which brought it to the attention to the public which I believe helped changed the fate of this case.  Who knows how many such cases are their which is still trying to seek justice?

If one looks at the statistics according to the Aug 09 data, there is said to be 52,000 cases pending in Supreme Court, 40 lac in High Court and 2.7 crore in Trial courts.  As each day passes new cases are filed adding additional burden to the backlog.  Consider this with the number of judges recruited; falling short of the allocated numbers.  It only get worse for the under trials who end up spending their time in jails even before their trial begins.  Steps have been taken recently in this direction and over 92000 under trial prisoners were released across India.

The sheer number of backlog cases still does not deter the courts to take their regular vacations (which varies from 48 to 63 days).  Apart from that they can take 14 days casual leave and also get day off on public holidays and on the weekends when the courts are closed.  A high court judge is suppose to work for 210 days a year but if one does the math the numbers comes lower than that.  The same also hold true for the Supreme Court which also undertakes vacations.  Such provision for vacations does not exist in countries like US and France.  How can one expect of  speedy disposal of cases with so many issues dodging the legal system?  No wonder the process of delivering verdict within an acceptable time frame does not happens often.

There have been talks of legal reforms in order to provide verdict within an acceptable time frame but not much headway has been made in this regard.  How does one expects a common man to fight for justice when cases gets dragged on for years and ends up eating their  only savings which was kept for children’s education, marriage, retirement thereby making it a burden?  Seeking justice has become an expensive affair and some of the people have to depend on lawyers who are willing to work for a lesser fee.

 Take the example of Anil Gidwani’s case who had a complaint filed against him by a traffic police for parking his car in a no-parking zone.  The trial of the case went on for three years and was finally disposed off when he raised the issue in the High Court.  This only goes on to gives us a picture how the judicial system badly needs reforms for a speedy trial and quick disposal of cases.

Unless legal reforms are brought into action, the backlog of cases will continue and no matter what the verdict is;  it will stand out as justice delayed…

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3 Responses

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  1. Jake Adamson z said, on December 20, 2011 at 06:26

    If you write very regularly, constantly switching up the styles, eventually you will have enough lyrics that, no matter what the beat, something will work alongside it.

  2. John Palmer z said, on December 24, 2011 at 16:32

    I hope this man is brought to justice and gets what he deserves and I urge all women in the area and others to be extra careful and cautious in all their whereabouts.

  3. Lorie Stice said, on January 10, 2012 at 20:47

    Some truly select posts on this site, saved to my bookmarks .


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