Wednesday, June 30, 2010

JUSTICE DELAYED IS…WELL, JUST ANOTHER DAY IN THE OFFICE OF THE INDIAN JUDICIARY

Even now as you read this post, Warren Anderson, ex-chairman of Union Carbide India Ltd, might be sipping tea in the comfort of his luxurious home in upscale Bridgehampton, New York, while the victims of the Bhopal Gas Tragedy continue their 25 year long struggle against life. 25 years!! And there is still no justice for these innocent sufferers and their families. And what punishment did Mr. Anderson get…a couple of days in the jail followed by bail and the next day he was flying back to America never to set foot here again. Although it is an unfair comparison, but one cannot help but notice, that the efforts put in by the government of India to extradite Anderson from USA are puny in front of the efforts put in by the government of America on the subject of the oil spill by British Petroleum in the Gulf of Mexico.

Even keeping aside this event (which includes the death of over 20k and continued illness of over 120k people in Bhopal), the judiciary of India has not been very effective in doing its job. Starting from the local panchayats in remote villages to the Supreme Court of India, the only decision a victim hears is "The case is adjourned until… ". Funnily enough, it is as the famous Bollywood actor screamed in one of his movies: "Tareekh pe Tareekh...Tareekh pe tareekh…aur phir milti hai tareekh"!!! The number of cases pending in all the courts in India might have even crossed the total population of the country. And imagine the plight of the one who has appealed, when the accused (rich and influential), walks free due to a certain loophole in the system, cleverly dug out by their lawyer or attorney. Yes. The very same lawyers and attorneys who studied hard and worked all their life to be someone whose responsibility is to uphold the integrity of that very judicial system. Although I must applaud this technique of our system in which the case is postponed time and again. This very ingenious practise results in the case being stretched for so long a period of time that either both or one of the parties involved are dead or one of them loses interest/loses faith/cant afford to carry on. There are times when the system has drained families and individuals of their wealth, health, their trust in the government, and their faith in humanity. Sometimes women empowerment bodies or other such committees join the fight and provide the petitioner with fuel to keep the flame alive, but are otherwise worthless. And sometimes the trauma or humiliation becomes too much for the person to handle and, if not by natural circumstances, he is driven to commit suicide. Take the case of Jessica Lal murder. Although Sabrina Lal kept fighting, her father, who had already lost his one daughter, gave in to a heart attack. So, when along with letting criminals walk free and delaying justice, a judicial system is also responsible for early deaths of innocent people, how safe and satisfied are the people living under that system. Chilling thought, isn't it?

Even if a decision is made and a person is convicted of the crime he has committed, there is always a chance that he can challenge the decision in a higher court thus delaying justice even longer. Even then the accused might get off with only a life sentence, which contrary to what I believed earlier, is not a prison term for the rest of his life but only a 14 year prison term. How fair is it when a person found guilty of committing a heinous crime is given only 14 years in prison when the victims are left to suffer for the rest of their lifetimes?

One will say that change can be brought in this country. If we attempt to cover the loopholes in the current system, there might be a slight possibility of justice being served to the right people. But who, do you think, has the power, patience, courage and material to bring about such a change? The politicians will dare not mess with this issue, because, if not already, sooner or later this very system will be the one that can save their sorry ass. If they are successful in bringing about the required change, hypothetically speaking that is, how will they ever be able to get out of a tight situation if the need arises in the future? The fact of the matter is that, only the current system is capable of providing these power-hungry netas with loopholes that can help them escape the jaws of law and order. Well, what about certain powerful individuals, who with the right motive, influence and financial power can help revamp the system. But again the question arises…who? The industrialists are too busy trying to improve their profit sheets that they won't care about such matters except, of course, when their or their brand name is at stake. We can expect the celebs to start a motion for change, but that will happen when they get time from shooting for movies as well as ads, posing for page 3, hosting shows, their link-ups, their break-ups, and for a few when they get out of controversies themselves. But I am sure that this thought will have surely crossed the minds of, the likes of Sanjay Dutt and Salman Khan.

The truth is that the thought of revamping the system is, not a little, but too far-fetched. And an even bitter truth is that even if the system is reformed, the running of the whole government will take a hit. Half the members of all the bodies will be facing prison term. Empty parliament seats, overflowing prisons, big industries running without their leaders…it will be a very long time before the country can get used to this change. And in the mean time, not just the political, but the financial and social world will stumble like a heap of dominoes. So the conclusion…I would say is to let the system run as it always has and that we continue doing what we do best, carrying out protests, rallies and organising candle-lit processions. And hope that some individuals or groups will try to take on the system by its horns. And that he will bring about change one step, one law at a time.