Glaring flaws in India’s judicial system … are perpetuating its failure to tackle some rather serious problems facing our society
By SUNJOY HANS
Editor-in-Chief
Among the plethora of events and incidents that transpired over the past few days, some were deeply disturbing, some historically important, and most were a mix of both – but almost all of them had a strong reference to the nation’s law courts.
The most heart-wrenchingly perturbing ones were the two rape-and-murder cases, one from Hyderabad and the other from Unnao, that once again put the spotlight on the glaring flaws in India’s judicial system that are perpetuating its failure to tackle some rather serious problems facing our society.
A rising number of social experts and common people are of the opinion that the seemingly never-ending trials and dismally low conviction rates in such cases contribute in no small part to what seems to be a rising menace.
Many reckon that the Telangana police’s encounter killing of the four accused in the rape and murder of the Hyderabad veterinarian is nothing but a reflection of the grim reality that even law enforcers do not have enough faith in the judicial system’s ability to deliver timely justice.
Similarly, grave questions arise out of the Unnao case. How on earth were the rape-accused out on bail? Why was the girl not provided protection despite reporting to the police that she was being harassed and threatened by those same people. Had any of these things not happened, she would probably have still been alive instead of being burnt alive.
As has been widely pointed out, the delay in the hanging of the Nirbhaya case convicts – it has been seven years since the victim’s death – is one of the starkest examples of the judicial system’s failings that embolden the criminal-minded in this country.
The manner in which former finance minister P Chidambaram received bail after spending 106 days behind bars without having a single charge being framed against him also says much about loopholes in the judicial system, according to many political and legal experts, but that’s a story for another time.
Moving on to what was historically important: Thanks to its stronger-than-ever political position, the ruling Bharatiya Janata Party managed to amend the Citizenship Act without consequential resistance in the Parliament. But enough repercussions of the controversial amendment have been evident outside. Critics of the legislation accuse it of being fundamentally against the secular grain of the country. While they deem the Act unconstitutional as it discriminates against people belonging to the Muslim community, the Northeast has become a scene of much violence amid fears that the Act will lead to changes in its demography.
While the BJP stands firmly behind its logic of excluding Muslim refugees from its Islamic neighbours, the number of pleas challenging the Act in the Supreme Court are piling up. Can the nation’s apex court come up with a satisfactory solution in good time? Only time will tell.
Back in Odisha, however, times are changing rather fast with Naveen Patnaik ensuring fast-track development on many fronts – whether it be in industry, education, healthcare or sports. Surprisingly, yet not so surprisingly, the five-time Chief Minister continues to prove himself – and improve – over time.
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