WHEN WORKING FORGETTING DUTY- ARE INDIAN’S LOSING FAITH IN INDIAN JUDICIARY :CRITICAL ANALYSIS

By-Nihala Jasmin. K. K

There have been many incidents during these period which have damaged the faith of the Indian people in the judiciary. You can get a glimpse of it through this article.


Justice delayed is justice denied’– if justice is not done to the sufferer within such time, it is considered same as having no legal redress at all. Yes this is a bitter truth in the courts where cases are still pending for years. Maybe if he(accused ) is innocent the loss here is only for him and his family. In such cases, the Indian judiciary should take care to expedite the court proceedings. Same punishment should be meted out to those who have done the same mistake. But today the punishment is based on individuals. A situation where criminals often escape with cash and charge petty cases on the innocent. The Indian judiciary is the only recourse for innocent people. But the Indian judiciary often fails to ensure that trust and faith of the common man.


Why can’t the authorities find the gold worth crores of rupees when they find one or two kilograms of gold from the common man? Is it undetectable or are they pretending not to see? Does this mean that the authorities are also complicit in crimes such as gold smuggling? For their eyes are fixed on the yellow light of money rather than sincerely performing their duty.


Rulers who are elected by the people for the people, instead of working for the welfare and development of the people, they go about their own business. The CAA of 2019 was a rift in the Indian fraternity. This was introduced by BJP Government. The Government of India here is asking for proof of citizenship for the Indian people who have been living in the land of their birth for ages. It doesn’t make any sense to ask illiterate parents who do not even see the door of the schools for certificates proving their citizenship. When we analyze it again, we can understand that this citizenship bill is becoming a villain that oppresses the Muslim people. There were strong protests against this in schools, colleges and universities through the city streets.


Unfortunately, there were even false allegations against them. There is also the argument that the killing of Muslims in disguise by the CAA protests was no less. It is a situation where the Indian people lose the trust of the Indian judiciary when the ruler they are supposed to protect often turns into assassins. At midnight on August 14, 1947, a large number of fighters came together, regardless of caste or creed or religion and regain our freedom from Britishers. What is the need for such an Act among the Indian people who are moving forward with such religious harmony? Equality, brotherhood, religious harmony democracy -Today we are living in a time when all this is confined to the Constitution.


BJP central government bans banknotes-Although it was implemented to catch the smugglers, the victims were ordinary people. A situation has arisen in which any ordinary person who speaks out against injustice will be uprooted. Today 's people do not even have the power to point out the mistakes of the government. Most of the respondents were imprisoned on false charges in some way.

Even government appointments like the PSC are being subverted. With this, the common man loses faith in the government which promises job opportunities. The Indian judiciary has misrepresented the law even against the esteemed Prashant Bhushan Sir, who said what the common people wanted to say against injustice. Open criticism is essential in a democracy. Open criticism is necessary to ensure order in constitutional institutions. Prashant Bhushan Sir, a lawyer and social activist, made such a statement openly criticizing the defects in Supreme court proceedings for the past six years. Prashant Bhushan's intentions were decided unilaterally by the court without examining his reply. Taking a unilateral stance is not in line with the democratic Indian judiciary.


After the 2014 Modi government came to power there has even been an encroachment on food freedom. A total of 63 cow vigilante attacks had occurred in India between 2010 and mid 2017. Between June 2010 and June 2017, there were 28 such incidents of violence against Indians-24 Muslims were killed and 124 were injured. 24 Muslims were killed and 124 were injured. Muslims and Dalits may feel that they are only targeting them, even if it seems so, there is no point in blaming them. The poor, backward classes and marginalized communities are the most victimized in such cases. Through such actions, the faith of those in the Indian judiciary is gradually fading.


Even so, healing one is still beyond the reach of the average person. A government who passes laws that encroach on the land and destroy the land. The government is skeptical of reversing its decision in the face of mounting protests against the EIA draft 2020, which threatens the very balance of the earth. A situation where even the land is surrendered for the mouth of private monopolies. Politicians, authorities ran after money and fame and turned a blind eye to greed and public often lost faith in the Indian judiciary. Nowadays we has a government that works without understanding the feelings of the common people.


Custodial deaths are another villain that is causing fear among the common people. In this age where law enforcers are working goons. Such satanic faces are growing among police officers today without us even knowing it, even though they do not offend everyone at once. In many custodial deaths, the names of police officers have not been included in the FIR. The Thoothukudi double custody death validates this. Meanwhile, the Madras High Court here is relieved that the Madurai bench has approached the case well. 125 Custody deaths reported by NCAT(National Campaign Against Torture).


Unreported and still unknown. Women continued to be tortured or targeted for sexual violence in custody and the victims often belonged to the weaker sections.It is to noted that there are still policemen working with respect to uniforms that have done their duty well. Let it be a big salute to them. There are some police officers who put their power in the palm of their hands to bring shame to those ones who perform their duty sincerely and with respect to their uniform.


Rape is the most diabolical and serious crime. The girls who are often exposed to it are afraid of the press and then go on enduring all the pain without complaining to anyone for fear of how society will look after them, thinking that the family will not have a bad name. Fear restrains our feet, and so do our tongues. It is caused by various difficult events that often go unpunished. All this is an encroachment on the faith of the common people in the Indian judiciary to be their savior. Unnao rape case, Ajmer rape case(1992), 2012 Delhi Gang rape case, 2013 Mumbai gang rape case, Ranaghat case, Delhi Meghwal rape case, Kathua rape case, the list goes on and on. How many times the court will postpone it’s own decision.


The way the execution of the convicts is getting delayed. The court is taking so much time to take its own order to hang the convicts. Repeated postponing of the execution shows the failure of our judiciary system and thereby losing trust and faith of common people. Sometimes it seems to be our entire system supports criminals. Witness is always a witness. Our Indian court system is accused oriented. Our system is more liberal towards the criminals sometimes. Principly, rape is always been a expression of power and revenge. The victims of rape are women but they also belonged to underprivileged communities.


So we have to understand these are happening because of series of socio-economic -political reasons not only cultural. Sadly, 85% of rape cases are still awaiting for trial in courts. At this juncture, I would like to say that in such cases, the judgment of the court should be implemented without any delay. The court should never grant leniency to those who have committed such atrocities in the name of humanity. The court should punish the existing criminals in such a way as to make fearful those who commit such atrocities and those who have such a devilish attitude and then set an example to the society and thereby regain the losing faith in the Indian Judiciary.


Article 370, which gives special status to Jammu and Kashmir, was also removed immediately. Article 370 was removed by the Central Government without following the procedures required under the Constitution of India Act. All this raises the suspicion of the Indian people that India is becoming a monarch state in addition to being a bulwark for Indian democracy. When the faith of the common people in the Indian judiciary is being questioned what the court can do is to accept strict, efficient administration policies and its execution in a effective manner.


The question has been raised in the minds of the common people to the extent that if there is power and money in political transactions then justice is done today. My view is that the Indian judiciary should take appropriate action without paving the way for a state of helplessness among the general public who do not know how to express their protest. The court itself must resolve the discrimination and issue between the judges in a way that it didn’t affect the public. Judges with high responsibilities and sense of responsibility should never be biased and should not give in to the influence of politicians.


Looking back 73 years after the brave soldiers sacrificed their lives for our independence, what have we achieved? Whether the gains are more or the disadvantages? The time has come to restore the faith of the common people. It's not too late Indian democracy, Indian Judiciary Indian secularism, fraternity, brotherhood, religious harmony, equality, allthese should be our only treasure we can claim. I would like to end by reminding you that as an Indian citizen all of you have to work hard to ensure that.


Reference

· www.hindustantimes.com

· www.deccanchronicle.com

· www.indianexpress.com


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