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Indian Judicial system, can the poor expect fair Judgement?


When we introspect into the incident of the Seshachalam forest massacre, it is vivid in Indian judicial system poor can only conceive about the fair trial. Pivotal reason of the massacre is the recklessness of the government in implementing the people friendly laws such as NREGA which prompted the workers to immigrate from their state to other. The incident reflects the inefficiency of the panel of justice appointed the police officials and forensics department who acts as the investigators and on whose deductions the justices are being provided.

It is very difficult in India to confront a high ranking police official who remains reluctant towards his duty by involving in corruption. Bribery is the major reason that corrupts and hinders police department. Police officials were inhuman on the day of Seshachalam forest massacre, also disregarded that victims are human beings with families. Furthermore the panel of justices recommended by NJAC is unfair to restore the truth. Once a judge appointed is corrupt then total judicial model of Indian system fails. The lack of implementation of technology in forensics investigations paved way for unfair means. Officials often get involved in bribery and destroyed the truth. Inefficiency of the department is well expressed from the forest massacre investigations. The poor in India can expect fair trails only when above areas are strengthened and officials are strictly penalized in case of inhuman or corruption activities.

The statements can be supported and well examined by conducting a detailed case study about Seshachalam forest massacre. On April 7th 2015, Andhra Pradesh Sanders Anti-Smuggling Task Force (RSASTF) police officers killed 20 people brutally stating lame reasons that they were attacked by pebbles and sticks. But the fact is no injury happened to any of the police officials. This incident indicates that officials cannot be questioned or punished easily in Indian judicial system. Furthermore despite of three strong witnesses the justice has been denied for the police official's act which shows the lack of dharma and failure of judicial system. Ultimately the investigators, the police officials also legitimately escaped from all the investigation agencies such as CBI, NHRC, NCST, and SIT. Despite of repeated pleas by PUCL (Public union for civil liberties) for filing FIR on officials involved no legal action have been taken. Hence poor often face stigma and never gets fair judgment. To look deep into the problem the laws enacted in India doesn't produce speedy trials which are evident from the backlog of 30 million cases. Honorable Prime minister Narendra Modi commented that "suit and boot government is better than suitcase government", If the statement is true why poor still fail to receive fair trials in India? .The inadequate number of courts and the panels of judges appointed is the predominant reason for the slow and delayed trials in the Indian judicial system. The ratio of number of judges per million people in India is 14 which is very low compared to that of US where it is 100.

To conclude it is the need to increase the number of judges and number of courts along with the implementation of more number of fast track courts, which would inevitably results in speedy trials. Poor can expect only disgrace in the prevailing system which does not heavily penalize the higher officials for their inhuman activities such as encounters and corruptions. Major amendments need to be made in the constitution in such a way that all citizens should be treated equal before Indian law. The proofs provided by forensics should be digitalized in order to avoid the corruption due to politicians by destroying the original evidences into fake ones. Without process there won't be a product, for poor in India to expect fair justice it is mandatory to implement the above said modified system.

S. Harsha Varthan