Many of the people I know from judges, lawyers, court officials, litigants are dissatisfied and some disgusted with the justice system. There is no easy solution but here is the point of view of citizens. The first thing is access to justice. There is such a thing as contempt of court seriously taken with serious consequences. How about the term “Contempt of People” where the judicial system and the government forces people to lose confidence and faith in their ability to go by the law and obtain justice? The frustration of the litigants especially the poor, due court and lawyer’s fees, the long process of postponed hearings and if justice delayed is justice denied, then denying citizens justice is surely contempt of people. Even 73 years after Independence, there seems to be a different yardstick for meting out justice to the VIPs, politicians and those rich and powerful versus the common man!
Our Constitution guarantees us equality but it is only recently that “My Lord” has been dropped from addressing judges, and even in the consumer courts, the same bad habits of lawyers getting deference over litigants who are thus absolutely discouraged from fighting out their own cases on equal terms! The Judges favour the lawyers and keep postponing cases at the lawyer’s convenience. What about the convenience of the litigant? Any lawsuit involves great expense, tension and suspense. I remember long ago iconic lawyer Nani Palkiwalah observed that our courts were not cathedrals of justice but casinos! Advocate Soli Sorabjee at the 125th Anniversary celebrations of the Bombay High Court in Goa citing examples admitted that frustrated litigants having lost all hopes in our legal system are taking the law into their own hands. Many play the system, and the culprits generally infiltrate/ bribe/blackmail the agencies and can afford the best lawyers.
Why must the process of justice lead to far more injustice? Justice and crime correction systems in fact seem to create more crime! Powerful and rich people, syndicates and mafias become the backbone of politics or a good lawyers practice? A shocking indifference seems to have invaded our entire governance and judicial system. A gross violation of conduct fails to evoke any worthwhile response. What should be a collective orchestrated effort against a callous system where under trials rot for years or injustice is done continues to be the lone crusade of one or two people? Who has the time, energy and the wherewithal to exhaust themselves in challenging this system that has the power to simply ignore you or treat you unfairly with impunity and such arrogance?
Democracy rests on the foundation of execution of law and justice equally “be you so high or low”. The Supreme Court is the last bastion of hope for justice! A strong executive may inhibit courts taking on a government determined to assert its will. After Goa Liberation I thought we had expelled the last vestiges of rulers, but I find we are to be ruled by our own politicians whom we have elected to serve us! Our Constitution guarantees us freedom of life and liberty as Tagore puts it “where the mind is without fear and the head held high…” The religion of our Constitution is independence with happy residents. Certainly not Hindutva or any other religion! Regarding CAA, citizenship is a central subject, it was in the BJP manifesto, legally passed (bulldozed) in Parliament and so it becomes law. Just exclude religion and the matter ends! Our Constitution specifically does not discriminate on religious basis. It is reported that there are six detention centers in Assam and ambiguities in the CAA and NPR process fueled resentment and confusion!
The year has ended in riots and mayhem all over India, citizens from all religions and walks of life protesting, students in the forefront and images of police beating the protestors with lathis! Where honesty has not been the best policy, trust crumbles and repression does just the opposite. Five States elected governments protest, Kerala first passing a resolution not to implement the CAA. This is a new type of democracy. It appears that the BJP government is using might, the law and its formidable electoral machine to cleverly and systematically bring in a militant Hindu Rashtra! Social unrest, fear, uncertainty and divisiveness proliferate. Any dissent against the government views are shouted down/trolled, termed sedition, antinational, urban naxal, Khan Market/ tukde tukde gang or told to go to Pakistan! Some talk and behave as if India is only their grandfather’s property.
Most people are hurting due the cost of living skyrocketing having to dip into their savings to survive! Safety of women/children, law and order, basic civic amenities, scarcity of jobs, farmer’s distress and war on stagflation need the nation’s immediate attention! Citizens are not naïve. It is high time to prioritise economics over politics if there is any hope of a better 2020. The Home Minister says he will not retreat an inch on implementation of CAA, all the big guns of BJP are holding massive darbars to discredit and overwhelm any dissent! The recent JNU masked goons systematically thrashing students, teachers on campus/ hostels reflects dangerous changing face of our nation. The India of Mahatma Gandhi and BR Ambedkar which is the heart and soul of India as enshrined in our Constitution are getting unrecognisable due to religious discrimination, violence and hatred.
(The author is a retired naval officer, freelance writer)
