India’s criminal justice system


     A country with immense legal cases, whether pending or new, a country with various tribunals, Sub-ordinate Courts, 25 High Courts and their benches and the apex court of the land ‘Hon’ble The Supreme Court of India, a country with several Judges from the sub-ordinate level to the apex level competent enough to deliver Justice but then unfortunately we hear, there are more than “5 Crore” plus cases which are pending in our Courts.

     Now, the people don’t feel shameful in criticizing one of the most respectable and powerful organ of the democracy and even pass heart throbbing comments like “Now Courts are unable to provide justice’; Courts lost their competence that’s why they take years and years to decide most heinous, gruesome and rarest of the rare cases”. (Ex.Took 8 long years to decide 2012 Delhi Gang rape Case).

    The media also plays its responsibility very ‘irresponsibly’ in reminding the people of an idiom again and again that is ‘Justice delayed is Justice Denied’.

    We regularly come across with situations where we see that rich with accusations of murders are trialed with great affection whereas poor with petty crimes like theft are rotting in prisons without any trial. Rich get all the facilities from a separate cell to healthy, hygienic and nutritious food to mobile phones and list goes on…(Former MLA & Cabinet Minister Amarmani Tripathi of ‘Madhumita Shukla Murder Case’ ; AAP leader Satyendra Jain are few landmark examples) and to be frank it is miserable and ridiculous.

    When these conditions comes in public eye or media lime light then people undeliberately start believing that ‘law is not equal for all’, money can roast and toast the laws as per the requirement. Most of the time powerful people are out on bails, parole and furloughs but the poor didn’t even have the money to hire a decent advocate, whereas on the other hand rich consults and hire top lawyers of the land to defend them by paying them lakhs and crores per appearance.

    After 70 plus years of Independence and enactment of the Constitution, the question still is same, Are we really going up in terms of our criminal justice system or the Indian Judiciary is deplenishing day by day.

    Powerful convicts spends their life in whatever way they want but on the contrary poor are even denied with basic rights of righteous speedy trial and are even sometimes framed maliciously by the police in false accusations to save the rich.

    Poor living in slums are unable to arrange two meals a day but on the other hand Government had spent approximately 31 crore rupees in safeguarding a terrorist and convict of 26/11 Mumbai attacks Ajmal Amir Kasab just for the namesake of human rights because the Constitution gave everyone from dacoits to rapists to terrorists to get a lawful trial before conviction. And you will be shattered to know that this 31 Crore is more than enough for the revamping and redevelopment of Asia’s largest slum ‘Dharavi’ in Mumbai but inspite of being spent on Development it was spent on ‘Terrorist safety’. 

    Everyone is by and large in favour that rights of every single individual from high caste aristocrats to hardcore criminals is necessary for a healthy democracy but again the concern here arises is if we are protecting the rights of terrorist and hooligans like Kasab then what about the ‘Human Rights’ and ‘Right to Life’ of the persons who are brutally killed by these brain washed lunatics ,dreaming of hoors and performing the so called Jihad for Jannat,defaming religion.

    At last, it is upto the Hon’ble Chief Justice of India, ‘the third highest Constitutional authority after President and Vice President’ to upgrade, update and rectify the problems of ‘Justice delivery system’ and to strengthen the Indian Judiciary in large.

    Author: Vaibhav Srivastava, a Student of University of Allahabad

    India’s criminal justice system

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