The justice dispensation system of any ancient dynasty was
always the barometer of the how equitable and satisfied its people were . King
Vikramaditya would disguise and mingle with people at night to know how
satisfied were people from his rule. On
other hand , many rulers didn’t bother about justice at all and those dynasties
were overthrown by the unsatisfied people
or rival rulers who know that people would help to get rid of the
present king. In the concept of nation states , people’s urge for justice has
not changed. But is the present system of justice dispensation in India serving
its purpose ?
Ask anyone caught in the lifetime litigations in Indian
courts and answer would be same . It is not. And it is no secret even. Everyone
from CJI to law minister to advocates know how rotten are the procedures of the
courts. Many laws are outdated or simply cannot be enforced. But no one wants
to bring the system back to its envisioned path. Vested interests run high and prevent any substantial
relief from this ordeal. As an advocate rightly said, “the litigation is the
real punishment ”. Shabby police investigations , saleable or vulnerable witness
and shortage of judges are just few of the several scars that mar the face of
justice delivery in India.
Apart from these known and never acted upon issues , there are
other key concerns.
If the state has the right to tax citizens , the citizen has
the right to demand some services in lieu of the tax paid. A primary service is
that justice is delivered in the right spirit and in timely fashion to all
strata of society . But the current system in itself is designed such that the
people at the bottom of society can never dream of getting justice. They can’t
pay court fess, advocate fees, stamp fees and alleged bribes required to be
paid at every stage of the litigation. A supreme court lawyer takes 150,000 INR
for every hearing so a poor Indian should forget that he can ever go to the
Supreme court .
Secondly, onus for producing the evidence and witness is
entirely left to the person filing the case. Many times, he is poor, disabled,
threatened or simply bought over and the temples of justice pronounce verdicts
based on “facts produced before it”. What if these facts are lies or not enough
? Is the responsibility of the state so shallow that it cannot ensure that each
and every fact is searched and dug out. The only way to do it is to form a
professional agency which would collects facts for both the parties in the case
and be held accountable if any fact is left out. The present police is doing a
very bad job at this.
Thirdly, the rich can afford best and most expensive lawyers
in the country . A poor can’t or has to
rely on charity of any lawyer who may take up his case. What kind is justice
system is this ? The best lawyer would rip apart the case of not so efficient
or mature lawyer. Justice dispensation is sacrified at the alter of
professional competition of two lawyers having unequal talents. Who cares about who was right. Our temple of
justice would again pronounce a verdict based on the “facts produced before it
“ . Taking refuge on this sentence in itself is so shameful. Primary purpose of
courts is lost and they are just doing what they can. The only solution to this
is to form levels of advocates according to their talent and experience . Only
lawyers of same level will fight on a case. And all lawyers will be paid by a
common state fund as per their level. A
rich and powerful citizen should never have an advantage over a poor before the
courts . And it is state’s responsibility
to see that justice is delivered end to end.
Verdicts of lower courts totally turned upside down in high
courts is another key matter. Is the law so ambiguous that even judges are
confused. First clear your confusion rather than waste time of the citizens.
Remember , judges are also public servants and are accountable for their
verdicts.
Avenues of justice for any litigant run from district court
to high court to Supreme court. All 3 levels must complete in 5 years in normal
cases , exceptions apart. Once a citizen gets a supreme court verdict , that is
the final justice that the state can offer to him on his petition. If that
takes painfully long time , what is the use of this justice system. Should “
litigation be the real punishment ” ?
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