Indian Judicial system, can the poor expect fair Judgement?
Indian Judicial System has its roots firmly connected to Constitution of India. Before understanding the Judicial System one has to before understand the formation of Indian Constitution. Indian Constitution was framed by Constituent Assembly of India set up under Cabinet Mission Plan on May 16, 1946. B.N Rao was appointed as Constitutional advisor of assembly. Draft was made under the chairmanship of Dr B. R Ambedkar and was passed on November 26, 1949 and came into effect on January 26, 1950 which we celebrate as Republic Day. Indian Constitution was written by the great personality Dr. Babasaheb Ambedkar in order to establish communal and economical harmony in the country. It was written in order to create a system which will give fair judgment to common people of the country. One has to understand that the constitution was adopted by different countries and with some amendments initially it was named as Indian Constitution. For example our Fundamental rights and the highest court in our country "Supreme Court" is taken from United States Constitution. Our Fundamental Duties are taken from USSR (Later Russia), some things from UK, Suspension of Fundamental rights in Emergency from Germany, Directive Principles from Ireland. Our Constitution helps us enjoy the privileges and rights to various things.
- Right to Equality
- Right to Freedom
- Right to Freedom of Religion
- Cultural And educational rights
- Right to Constitutional Remedies.
All the above mentioned rights are described in various articles of the Constitution. Whenever the Fundamental Rights are violated or exploited the constitution also provides writs to challenge the judicial decision. Indian Constitution has 395 Articles and 12 Schedules (Initially 8).So basically this was how the Constitution was framed and rights and Judicial system was formed in context to the articles. Now question arises that do poor get fair judgment from Indian Judiciary?
What Indian Judiciary says or what motto it follows? It says "Satyamev Jayate" which apparently means that "Truth always wins". It has through various cinemas has conveyed that let 100 culprits are exonerated but one innocent should not be punished. But how many innocents till now have punished and how many are still imprisoned for the sins they have not done. How many culprits are released for the sins they have done. Judiciary says one should not take law in their hands but one has to understand that its frustration and continuous humiliation from Judiciary that provokes some people to take law in their hands. The biggest drawback of our country is literacy rate is 74% that means still 26% are still Illiterate. Poverty rate is 23.06% which in turn again is responsible for illiteracy. Judiciary has lawyers who can fight for common people who are unaware of law but how many lawyers are actually helping people irrespective of money and not taking advantage of their illiteracy?. How does a poor expect a fair judgment from Judiciary when they are being fooled by the lawyers initially. One has to take into consideration the ranking of our country on global level where our neighbors rank ahead of us. They say "Yaha Der hai Andher Nahi" but actually we can say that "Justice delayed is Justice denied".
Truth always wins they say but do innocent people get justice from our judiciary system. It takes 22 years for us to decide whether a terrorist accused of atrocities should be hanged or not. It takes 2 years for to hand a terrorist who killed 166 lives. I would consider them lucky enough to have all the privileges and time they spent in jail. Looking at all these incidents how one can say poor does get a fair judgment. On would get shocked by looking at the crime rate due to frustration on system. Had Satyamev Jayate been right the rate would never had rose initially. Our Judicary system needs some amendments and fast trial courts where decision taking is done fast and that can keep hope of common people in Indian Judiciary. Because if not, the statement "Truth Delayed is Truth Denied" is justified which will lead people to take law in their hands.
Poverty rate, Literacy rate, development rate, employment Rate is the main causes of frustration and crime which leads people to take law in their hands. Indian judiciary does delay the decision but one should have faith in our Constitution.
Durgesh Vijay Bhende
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