IN A society where bulldoze are applauded and violent encounters take center stage, it’s clear that the justice system has hit the rock bottom with bulldozer replacing the gavel and balance.
Recent headline grabbing incidents, like the live telecasted killings of gangster Atiq Ahmed and his brother as well as the brutal stabbing of Sunil Baliyan within Tihar jail, were hailed by many, but has certainly shattered public confidence and raised serious concerns about the system’s fairness and reliability.
The indications are bold and clear, urgent reforms are needed to resurrect faith in the pursuit of justice and reinstate confidence in the judiciary. The scenario evokes the iconic phrase from Lewis Carroll’s 1865 literary masterpiece, “Alice in Wonderland,” in “The Mouse’s Tale” poem:
‘I’ll be judge. I’ll be jury,’ said cunning old Fury:
‘I’ll try the whole cause, and condemn you to death.’
The sentiment expressed in these lines resonates with the prevailing notion of visible so called justice available instantly to the common people who are disillusioned and alienated from stale judicial system that primarily caters to the interests of the influential. Instances of unequal sentencing have further fueled public disillusionment. High profile cases, such as the lenient punishment received by Sanjay Dutt for serious crimes or the seemingly arbitrary release of Rana Ayub, send a distressing message about the fairness of the justice system. When individuals perceive that the severity of punishment depends on one’s social status, faith in the system crumbles.
Another trust deflating factor is the existence of laws that disproportionately impact innocent individuals. The misuse of the Atrocities Act and the prevalence of false sedition cases have created a perception that our justice system fails to adequately protect the rights of the accused. While addressing societal issues is important, it is equally crucial to ensure that our laws are not misused as weapons, further perpetuating injustice and eroding public trust in the legal system.
Excessive delays and unaffordable trial dates and the unaffordability of bail have created a justice system that appears stacked against the common man. While the privileged can expedite court hearings within a day or even night, the average citizen must wait for years for their case to be heard. This stark inequality in access to justice fosters frustration and deepens the divide between the public and the judiciary.
Instances of corruption within the police and the courts have gravely impacted public trust. Reports of bribery, extortion, and looting discourage individuals from seeking assistance from law enforcement agencies. The perception that our judicial system has become profit driven, prioritising financial gain over justice, is a serious accusation that demands immediate attention. Rebuilding trust in our justice system requires a comprehensive and concerted effort. Measures should be taken to address the privilege enjoyed by the wealthy, ensure equal sentencing, review and amend flawed legal frameworks, expedite court proceedings for all individuals, and foster transparency and accountability within the system. These reforms are essential to regain the trust of the people and reaffirm the true purpose of our justice system, “to dispense justice fairly and impartially.”
It’s a bitter pill to swallow as ‘Justice’ stands at a crossroads, with all watching intently to see whether it will reclaim its position as a champion of society or continue down a treacherous path where law and order are bulldozed and the voices of truth are silenced.
Justice may be blind, but the Indian public certainly isn’t. This is not just a story confined to a few cases and incidences; it’s a narrative that transcends chambers, leaving us questioning the very essence of judicial integrity and confidence.