Judicial and Social Imbalance

With the increasing frustration over our legal system getting to me, I finally decided to write on the anger and frustration I feel about the Ruchika Girothra case and what that m.f inspector Rathore did to her and her family. How our politicians never once felt the guilt of answering to their daughters, wives, sisters for not juz protecting but promoting a police offer who had a case of “molestation of a minor” against him. Those ass**** even went on to recommend the police officer for a presidents medal. The same police officer who got the girl expelled from her school for complaining against him, who had the girls brother beat up brutally and charged him with various cases, who harassed the family so much that the poor girl couldn’t take it anymore and committed suicide to protect her family from any further embarrassment. What a bunch of bastards. (sorry for the abusive language, but I tried my best to keep it down to this instead of something worse)

Give it to those brave parents who fought through all the tough times but never dropped the case. Give it to that friend who at 14 years (at the time of the incident: 19 years back) was the sole witness to the incident, but never changed her stand despite the nightmares she had to face from the police officer and his supporting staff including politicians. We have to wonder if any one of us would have stood this strong at her age amidst so much political and physical torture. You have to salute the girls parents for fighting the case for 19 years. But what do they get as a reward for their perseverance for justice? 6 months of jail and a Rs. 1000 fine for the police offer. WHAT A F**KING JOKE!!!!!!!

Our judicial and political system needs a change. It is begging and pleading for a change. Grrrrrrrrrrrrrr..

Anyways, so instead of my writing in my own screwed up writing style, here is a good article from someone written a couple of years back ( I pulled it out of my archives) on a similar problem at the time. Ironically, the issues he writes about back then are the same that we are talking about today. Not much has changed from that time. :)


Justice for all, for social stability
Kiran Karnik

India seems to have stumbled on an altogether new paradigm that threatens the very foundation of modern science: we have discovered effect without a cause – crimes are committed, but there is no criminal!

During the last few weeks, India’s justice system has been in the dock and – by voice vote – has been overwhelmingly adjudged guilty. In a series of high-profile cases, the criminals have not been brought to book and there is widespread perception that the system has not delivered. Witnesses who turn hostile have now become a regular feature of such cases, clearly pointing to the role of money and muscle-power. It seems that the effects of money and influence extend beyond the witnesses too. Whether it is this that ensures shoddy investigation and poor prosecution, or sheer inefficiency, is difficult to say; the result, however, is a reprieve for the accused.

Recent cases – particularly the Jessica Lall, Priyadarshi Mattoo and Meher Bhargav murders – have aroused strong passions amongst the urban middle-class, especially in Delhi. In these, and in may other cases, the accused are the kin of politicians or other powerful people. The impression seems to have grown amongst the well-connected that they can get away with anything. Sadly, they seem to be right. It is difficult to recall an instance of anyone from the power-class being convicted – despite dozens of cases of corruption, rape, rioting and even murder. Either all these charges are false, or we have a pretty serious system failure.

The popular protests in Delhi, high lighted and amplified by the media, focused on the need to enforce the law without fear or favour. Ironically, many amongst the protesters were those who themselves routinely subvert the law through bribes or influence. This has been brought home by the howls of protest, by some of the same people, against the demolition of illegal structures. The fact is that the culture of bribes, pay-offs and a “word from above” has been promoted – if not created – by a large proportion of the power-class. The police – by and large – are willing recipients, as is much of the bureaucracy. As a result, the law and law-enforces are neither feared nor respected.

The perceived lack of consequence, and hence the deterrence, brings into play the rule of escalating license. The habitual traffic-signal offender or wrongful car-parker, knowing that he can escape punishment by either name-dropping or money-dropping, feels that he can do the same with more serious crime. In chaos theory, the fluttering of a butterfly’s wings in Beijing can cause a storm in New York; such is the impact of minor changes in initial conditions. In a similar manner, the little perturbation to the system through a minor violation, at the level of the traffic constable, can result in a storm that destroys much of it.

The minor everyday violations of the law, seen most prominently on the law, seen most prominently on the streets of Delhi, are the visibly symptoms of an ineffective system. Poor enforcements results in lack of deterrence and a loss of respect for the law. Compounded with the ability to buy or power-broker one’s way out of any enforcement, this gives credence to the swagger and “no one can touch me” boast of the powerful. Little wonder, then, that such arrogance is complemented by a matching belief on the part of the rest of society. Not surprisingly, this is most visible in the states with poor governance and in the corruption capital of the country, Delhi.

India’s judiciary has, for long, been respected for its independence, eradication and vision. The highest court has given many landmark judgments and has sometimes been a more powerful voice of the people than their elected representatives. Yet, the overall system is so overburdened, its arteries so clogged, that its heart is in danger. Cases that linger for a decade or more – thanks to endless adjournments, transfers and vacations – make courts the place to delay justice rather than to seek it. Add bribery, threats, false cases and hostile witnesses, and what you get is a mockery of justice. Little wonder, then, that those who can, take the law into their own hands.

A number of reports and commissions have made some excellent recommendations for desperately-needed police reform. However, the absence of people’s pressure has made it easy for politicians with vested interests to scuttle any reform. Meanwhile, those whose voices carry weight with the government have focused on all other aspects – from privatization and economic reform, to FDI and labour reform – but not on the pressing need for radical reform of the justice system. The articulate middle-class is quite happy with the present arrangement as they are confident of being able to find an appropriate conduit, should the need arise, that will get them out of the minor contingency which may arise. It is only on the rare occasions when they are at the receiving end that they perceive how the system has been skewed.

The corporate world – and, indeed, all of the urban middle-class India – must realize that if there is one show-stopper for an economy on the roll, one deterrent to investment and one storm to end their shining party, it is social upheaval. If over 160 districts in the country are “Naxal-affected”, at least part of this growing spread of violent armed action is due to the perceived lack of a fair and equitable justice system. The answer to Naxalism is social and economic justice, not merely more police forces. It is, therefore, a matter of self-interest for the power-class, the beneficiaries of today’s corruption distorted system, to quickly mend the system before it breaks. This does mean giving up the privilege of breaking the law, which some amongst them are able to do with impunity today, but that is a small price to pay for ensuring their own future.

Meanwhile, those with no “contacts”, the poor and disadvantaged, continue to hope for justice. Let us not assume that like Beckett’s Estragon and Vladimir, they will indefinitely continue to wait for Godot.