Judicial system, one of the three main pillars of our democratic system, is itself in question today. It is the sheer delay in disposition of cases that has forced many to point fingers on its functioning. And if, after a long delay a victim and its family get inept justice, what can be said then — justice or injustice? Repetitive, common, but one of the unfortunate feature of our legal system has once again put today judiciary in bar with the conviction in Ruchika Girthora, molestation case.
The budding 14-year-old Panchkula resident tennis player Ruchika was molested by former Haryana director general of police (DGP) S.P.S. Rathore almost two decades ago in 1990 that ultimately propelled her to commit suicide three years later. August 12 proved the darkest day in Ruchika’s life when Rathore attacked and molested her at his HLTA office. Failed to bear the incessant pressure to withdraw the case against the IPS officer and the following continuous mental harassment of her and her family finally forced her to end her life. Rathore, now 66, was also then head of the Haryana Lawn Tennis Association (HLTA). On Monday, Special CBI magistrate J S Sidhu convicted Rathore under IPC Section 354 (assault or criminal force on woman with intent to outrage her modesty) and handed him six months of rigorous imprisonment with a fine of Rs.1,000.
The over-delayed and inappropriate justice caused outrage among activists and created uproar in Parliament Tuesday with everyone saying the quantum of punishment was “too little, too late”. “A criminal who committed that crime in police uniform and escaped justice for 19 years was rewarded with promotion after promotion. And, 19 years later this criminal has finally been found guilty. What is the punishment - just six months,” CPM MP Brinda Karat, who sought a fast-track justice system in sexual harassment cases involving minors, raised the burning question in the Rajya Sabha on Tuesday.
What caused this delay and how this delay could be tackled is the question of hour that needs to be answered to avoid repetition of such delays. To win the confidence of the people in the judicial system, all the four pillars legislature, judiciary, executive and media should act in tandem.
However, in recent years judiciary has won the confidence of people with the disposal of cases against some influential defendants when justice meted out to the vulnerable victims, as happened in Jessica Lal murder case, Nitish Katara murder case, Uphaar case and some others. Chief Justice of India, K G Balakrishnan, has himself pointed out many times the need to expedite the disposal of cases and to streamline the justice delivery system.
Inordinate pendency of cases, which is the biggest problem in disposition of cases, inadequate number of judges, pathetic infrastructure of lower courts, lethargic police investigation are some of the immediate issues which cause delay in meting out justice.
The judges’ conference, held in August this year, deliberated on a number of steps to get rid of flaws in judicial system, and for reduction and elimination of backlog of cases with provisions of speedy trial of criminal cases. Among other steps, it was badly needed to improve infrastructure in the lower courts and to set up more evening courts in subordinate judiciary. It was also felt to strengthen vigilance cells in the high courts, and the senior judges would be entrusted to review the progress made in setting up of vigilance cells in each district to keep a tab on the functioning of lower judiciary.
Article 39-A of the Constitution directs the State to secure equal justice and free legal aid for the citizens. The State, however, has failed squarely on addressing some very basic issues — quick and inexpensive justice and protecting the rights of poor and the vulnerable. The Constitution guarantees the right to speedy trial but the judiciary has so far been incapable to ensure it effectively. The NDA government during its regime had created few fast-track courts, but those little numbers have made a marginal difference. The creation of more and more number of fast track courts and the establishment of gram nyayalayas (village courts) is the need of the hour.
Time has come for all the concerned persons to sit and discuss ways to introduce and implement such laws to deal with such issues so as justice be meted out to innocent litigants in quickest time; and, at the same time, we should not forget that delay drains even a just judgment of its value, leaving behind the old but wise adage “justice delayed is justice denied”.
Posts
No comments:
Post a Comment