Answer to this question is an emphatic no. In fact, in smaller or greater measure, there is no justice anywhere in the world, particularly if one looks at the happenings in Ukraine and in the past in Iraq, Kuwait, Vietnam, Afghanistan all grim reminders that “might is right”, though sometimes pompously called as “liberations” from oppressive regimes or from destructive forces, however, without ascertaining concerned people’s wishes.
Martin Luther King had asserted that “Injustice anywhere is a threat to justice everywhere”. Surely, India has attained notoriety for corruption, where little can be done without cuts or bribes, where illegalities abound, and injustice prevails everywhere. But the feeling that there is no place for just and honest people in India and that, in fact, such people can never expect to prosper and succeed in their endeavours if they wish to go about in legal and honest ways, is a sad reflection on the ruling class and the bureaucracy. This is unfortunately true even of our small Goa, already adjudged, at one time, as one of the most corrupt among smaller States. Higher authorities ignore complaints, as they too have a share in the pie.
Some years back, a company, strictly complying with directives of regulatory authority, had to close both its branches in Goa because it was incurring losses, as it was put at a disadvantage by other firms in similar business, but flouting regulations, under authority’s complacent eye and full knowledge. Consequent to the closure, several employees lost their jobs. Decades ago, when many financial institutions in Goa openly defied mandatory directives from the regulatory body and thus derived advantage to the detriment of few, which abided by them, not alone did the regulatory authority ignore written and specific complaints but its highest authority in Panjim, had the gumption of telling a Senior Manager that he was “exceeding his brief” when he took up cudgels to let him know, over the phone, that its inaction was seriously affecting his business.
Goa has long and sadly ceased to be a peaceful State, inhabited by law abiding, honest and upright citizens, which it was decades ago. Its emotional integration, so much desired by some Indian leaders, seems complete. It is with much anguish that we see cases of assault, murders and rapes, usurpation, encroachments, and illegalities in hill cutting, land filling, constructions, etc, perpetrated with impunity and often with complicity, with alarming frequency. FIRs lodged but not registered, shoddy and protracted investigations, which allow criminals get away without punishment – all because of political patronage, are daily news. Another recent shocking news is of illegal sale of land, not belonging to the sellers. Land mafia involved or not, knowing the bureaucracy in Goa, connivance of concerned authorities and influential politicians or people cannot be ruled out.
People are often forced into expensive and lengthy litigations to retrieve their legitimate properties or rights. This recourse to justice by law abiding citizens, who are being robbed of mental peace and finances, is itself injustice. It is also said that Justice delayed is Justice denied. And knowing that Justice in India is always delayed, it is as good as denied. Yet, only feeble attempts are made to settle litigations expeditiously. Instances of elderly litigants, having expired long before repossessing their own houses, given on rent, come to light very regularly. Felling of trees and acquisition of land in Mopa and for avoidable rail and road expansion elsewhere, nationalization of rivers, etc depriving people of their scarce land and more importantly of their livelihoods, are only a few instances of injustice to favour privileged few, smacking of nothing less than “might is right” attitude.
Court cases keep mounting by the day, with little chances of early settlements. Many such cases land in the Courts, because of bureaucrats’ acts of omission and commission. Such cases need to be severely dealt by the Courts, because precious time of Courts is wasted and people forced into unnecessary expenditure and trauma.
People languish in jails in India for decades, without trial and hundreds die while undergoing trial. Others are acquitted after having been in prison, on false charges, for several years. Three out every four prisoners are undertrials, where cases have not been initiated or trials are underway. Around 2000 children aged between six months and six years live with their mothers in jail. In overcrowded jails, are people unable to undergo Court trials due to their mental condition, often caused by their long term in jail, without trial. Human rights activists and critics of the Government are languishing in jails accused of sedition and Maoists activities. Fr Stan Swamy had to pay with his life for defending the rights of the oppressed. We are also familiar with journalists and TV anchors losing their jobs for bringing out the truth in their reports and debates. Such is the state of affairs in this drummed up largest world democracy.
We, citizens, too are guilty of not exposing the truth, often out of fear of consequences or of displeasing someone influential. A thinker had said “To seek and speak truth, to love justice and denounce wrong is to draw upon oneself the ill will of many”. And it has also been said that much of the wrongs in this world are not because of actions of the bad but the silence of the good. A senior lawyer once berated a group of us accusing us of being critical of the Legislature and the Executive, but never of Judiciary for fear of ‘contempt”. This is true. Courts are not infallible and unless wrongs are pointed out, they will continue to happen.
(The author is a retired banker)
