The tribes of Aztecs sacrificed their leaders to the gods in case of pandemic. What a beautiful custom!
The situation in many States of India, including Goa remains grim and well past alarming levels. India becomes the country with the world’s second highest number of confirmed COVID-19 cases on Monday. Experts say that low testing in the country suggests the real total is far higher. India has now 13.5 million confirmed cases. Testing is only detecting a fraction of the cases that actually exist in India’s massive population of 1.3 billion people. The true wealth of a nation is its people.
The lack of application of mind and absence of display of wisdom in adopting adequate measures and ensuring stringent precautionary actions for the welfare of its citizens, by those ornamentally gracing our Government, judiciary, executive or the legislature is not a matter to be proud of by any stretch of imagination by any reasonable man.
The nation did not set up its enormous legal system just to give work to lawyers and judges. It has a purpose. The purpose of law is to serve justice. It is the duty and obligation of every authority to pass such orders or directions, as it may deem fit in case it finds that the State or its functionaries are not performing their duties towards its citizens as mandated by law. If the people do not realise that the decisions are in fact reasonable and right, much of the effective power of the Court will be lost; and unless the Court remains powerful its ideal, “Equal justice under law”, will never be attained.
In an era marked by doubt and confusion, Indian Courts which have been looked to as exhibiting consistency in adjudication, and a steadiness which would hold the balance even in the face of temporary ebbs and flows of opinion should not become the breeder of fresher doubt and confusion in the public mind. The Court is a sort of mirror of the state of a Nation. No Court can remain independent of public opinion for more than a relatively short time. The law is not an end in itself.
Today, so many feel that the judicial system is cumbersome and often fails to deliver justice on time. People often regret their decision to approach the court, and there is a dire need for the members of the judiciary to take prompt steps for a roadmap to improve the situation.
The Indian Constitution grants our courts with suo motu powers whereby the Courts may take such actions as deemed necessary on the basis of any news, documentary or media source or after receiving any letter from the affected section of people.
A suo motu cognisance is a Latin term which means an action taken by a court on their own apprehension. In law “suo motu” (on its own action) describes an act of authority taken without any prompting from another party. The term is usually applied to actions by a Judge taken without a prior motion or request from the parties.
Media is our strength and informs us about lacunas.
Then, what refrains our Courts from taking suo motu cognisance of media reports against public functionaries and order court monitored investigations. After all, the true measure of any society can be found in how it treats its most vulnerable members.
The powerful role which the Courts play in our national life would seem scarcely to need emphasis. It would not be wrong to say that Courts are human institutions composed of judges who bear the awesome responsibility of keeping Indian Life and Indian Liberties secure. The judges should at once be concerned in an intimate and personal way with every living being, as the legal process is so strange and mystifying that more often than not, the common man is relegated to the role of silent spectator.
I have no assurance, in view of current decisions, that the opinions announced today may not shortly be repudiated and overruled by justices who deem they have new light on the subject. The only thing to be borne in mind is the theory upon which our judicial institutions rest, which is, that all men have certain inalienable rights and that is; the pursuit of happiness. All honours, all positions are alike and open to everyone, and that is the protection of these rights, all are equal before the law. This is of the very essence of judicial duty and of a paramount importance because when decisions are delivered, they are often destined to have the widest repercussions.
Why judges take on oath or affirmation to support the Constitution i.e. allegiance to the Constitution? Isn’t it immoral to impose the Constitution on them, if they were to be used as instruments, and the knowing instruments, for violating what they swear an oath to support!
Why does a Judge swear to discharge his duties agreeably to the Constitution, if that Constitution is closed upon him, and cannot be inspected by him? If such be the real state of affairs, this is worse than solemn mockery.
Judiciary which does not reflect the genius and character of the people living under it will not hold their allegiance in times of stress. Natural growth is the essence of judicialism. Judiciary which fails or ceases to embody and invigorate the conscience of the nation loses its value as judiciary. Action to anchor the new world in solid judicial and constitutional foundations may well be most effective when they are taken in response to a need attested by experience.
There can be no shadow of doubt that our Courts need to acquit themselves in all trusts with exceeding honour during these difficult times of pandemic. The strength, well-being, prosperity and eminence of India are absolute attestation. Remember, the nation listens when the Courts speak.
(The author is an advocate, International Law Consultant and Human Rights Activist)
