The Indian Judiciary is a failed experiment, I feel. It is high time that reform be introduced into it, the affected parts and pieces removed, redone. Just like old buildings need to be renovated to suit newer times, the old junk and things pulling the judiciary down needs to be removed. Ask anyone about the judiciary and going to court in this country. A common refrain will be that it is better to settle, pay off rather than step into the court for anything. Lawyers and judges are corrupt and the few who are upright are a minority.
A look at the judgements coming in the papers makes one wonder about the same. A sample.
How can watching and downloading child pornography not be an offense. I don't need to be a judge / lawyer / educated to know this. Any human being knows it is inhumane to be related in any form to child pornography. However, the judge(s) of this bench of the High Court thought otherwise. Educated judges of High Court... how... that too in the Madras High Court where stalwarts practiced and judged and one of the oldest in the country.
Thugs, goondas and all such kind roam free. A 98 year old man released after 5 yrs in prison. What crime required jailing a 90+ year old man. Couldn't they have told him to be in house arrest ?
Justice delayed is justice denied they say. All dead and gone. The judge who decided on the case was born a decade after the case was filed. That old is this case. What use of finishing ? Would it have mattered if they had continued to next century ? Time waits for none. But for our courts, their clocks just don't work. I can't believe there is a justification for 72 years for case. No matter the complexity. Any other job, people would have got dismissed for not finishing work within reasonable timelines, but our courts have law in their pockets. No one can question them. Two more equally old are still pending it seems in the Calcutta High Court. They will end when the court building comes down maybe.
Sexual assault need not necessarily require skin-to-skin contaact. Not many need an explanation for this. But, this lady judge if I remember right just didn't get it. The man groped the child who had her clothes on. So, it is not sexual assault as the layer of clothing did not allow skin-to-skin contact. Can words even begin to describe the absurdity ? I remember being outraged reading the news that day. I blew my top at home because of the sheer absurdity a high court judge uttered. As usual, everything needs to go to Supreme Court - many lower court judges forget common sense.
Two people, very old, estranged for reasons known best to them, one wants a divorce, another doesn't. They have not lived together for 25 years. Is this marriage ? Yes, marriage is a sacred institution. However, the sacredness is based on the relationship between two people not based on any paper. So, wonder how this judgement is fair to both sides.
There are so many people languishing in jail for small offenses and goondas roaming outside, getting married with the district's entire police force for protection. There are people stuck in jails given verdicts for things they did not do, but bearing the brunt because they could not afford a lawyer or their lawyer did not fight for them or something was compromised somewhere. All kinds live in India. The one who killed a deer, ran over people sleeping on the roads, the Lamborgini and Porsche drivers testing their vehicle's engines on roads causing death to others and ruining their lives get bail and roam free....no justice for many, no justice for the helpless and innocent. Whither integrity of judiciary when such is what is seen..... Pro-bono systems must be made compulsory in India in spheres like the Judiciary, private medicine, teaching, government officials,.... so that it keeps us people grounded and not loose touch with ground reality.
Of course there are judges and lawyers with integrity who stand out like the lotus in not so clean ponds. They are rare, pure and hence beautiful. Likewise, lawyers. A kerala lawyer carrying his physically challenged client up the court steps ; courts still not disabled friendly ? Lawyers fighting for the poor, downtrodden and helpless women. Judges who are clean. Stories that need to be told. Think we need to search for a person like Seshan who will put some sense into our Judicial System.
Lucky indeed are those who do not step foot into a court for any reason. God has blessed them.
