“JUSTICE DELAYED IS JUSTICE DENIED BUT IS JUSTICE HURRIED, JUSTICE BURIED?” - (Blog)


Martin Luther King said, "Injustice anywhere is a threat to justice everywhere." But so far as India is concerned, I have been seeing that there is plethora of cases, pending in the Judiciary Machinery of the State. There are many cases which took more than 20 years for rendering justice which is nowhere in consistency with the “Fair Trial” mechanism. Such an inordinate delay in dispensation of justice would bereave its true meaning. We all would have come across Nirbhaya’s case which jarred the consciousness of the entire nation but the Justice for such rarest case was given only after 7 years of difficulty. Though there is a right to speedy trial under Article 21 of the Constitution of India, the fact that there is no real-time practice. Speedy Trial is a need of an hour, particularly on criminal cases. The delay in justice is an injustice and I suggest that our Indian Judiciary needs to fasten up the proceedings to prevent miscarriage of justice.   

Now, a question comes to our mind,  

Can hurry in justice, a fair justice?

No, I also say that “Justice hurried is Justice buried”. In a murder case of 14 years old boy, where the trial Court has examined 22 out of 24 witnesses in a day and convicted two innocent men, resulted in gross miscarriage of justice. Another paradigm is Andhra Pradesh Disha Act, 2019 which aimed at expediting the verdict in trial in sexual offences against women within 21 days. It is absolutely impossible in practice just because our judicial system ensures ‘even if a thousand culprit escapes, not even one innocent is punished.’ I agree that the speedy trial is mandatory but not at the cost of sacrificing fair justice. So, always justice hurried is justice worried.

Now, another question comes to our mind, then,

How should the judiciary works?

 I believe that Justice delayed is justice denied and justice hurried is justice buried are the metaphors of legal jurisprudence reflect the extreme situations which no ‘Judicial system’ can afford, as both are bound to impede the 'innate Flow' of 'Fountain of Justice'. The balance of Convenience must be maintained between the two. There is an urgent need to cure the deficiencies existing in the present legal system. The foremost issue is that, the lack of judges’ ratio rather than the population ratio. I suggest that our Indian Judicial Service must recruit number of judges to hasten the Justice delivery system and there can be an effectual judicial system only when there is an adequate hearing of every case with consideration of all its circumstances. If it is done, then it would be the great victory for the present justice system.

To put it appropriately, Thomas Jefferson said, “When injustice becomes law, resistance becomes duty.”

 

-M. Lavanya
School of Excellence in Law.

Comments

Post a Comment

Popular posts from this blog

MARITAL RAPES IN INDIA: AN UGLY REALITY- (Blog)

Image
Marriage is a very pure tie of two human beings based on their common love and respect for each other. When it comes to my view on marriage I completely agree with a dialogue in a famous Indian movie Kabhi Alvida Na Kehna Kehte Hain shaadi ki buniyaad sirf aur sirf beinteha mohhabat honi chaahiye kyunki agar buniyaad galat ho to rishte toot jaate hain (A marriage should always be based on immense love for each other cause a relationship based on anything else can’t continue long). In our Indian society, every so often marriages are ‘arranged’ by the parents of a girl and a boy. The girl’s family usually considers a boy who is earning well and has some family property a good match for their girl while the boy’s family every so often looks for a good-looking girl who can cook and do other household chores efficiently as being a perfect match for their boy. So, you can understand very well, love is something most disregarded when we talk about marriage in India. In suc...
Read more

CYBER CRIME : A NEW BREED OF CRIMINAL- (Article)

Image
  ABSTRACT Cybercrimes are a new class of crimes to India speedily expanding due to wide use of Internet. Dishonest and greedy people take gain of easy and free access to Internet and perform any acts to please their needs. The requirement could be physiological or psychological in nature. Online shopping and extensive use of “social media” are root cause of cybercrimes. Much cognizance created for cybercrimes and users were educated. But still individuals do not complain it to authorities. Even somebody do it then also police or crime branch incapable to clear such complains in practical time period. Postponement in justice will lead to NO registration of complain. This is not healthy condition in free democratic INDIA. The law IT (Information Technology) Act 2000 and numerous sections of the IPC are in place but in large population country like India and China, it is very difficult to regulate crime caused by cyber world. We need to have self-discipline for better society. We...
Read more

DIGITAL HEALTHCARE IN CORONA TIMES- (Blog)

Image
In these back-breaking times of unprecedented medical crisis, where it has become impossible to reach out to all the people in need of healthcare facilities, the strenuous efforts of the government are focused on the digital healthcare facilities to attenuate the effect of this pandemic. Amidst this chaos, one of the concerns of the government is regarding the suspected cases which can be broadly divided into two groups. Firstly, those people who have the concerned prodromes but the blood test reports are on hold. Secondly, the ones that came in contact with the positive patients but they have not been tested positive yet and are strictly advised to isolate. These people are required to visit the doctor daily until the final diagnosis report is out. This makes even the doctors more exposed to the virus as on average, 22% of the healthcare workers get infected by the virus. In several such cases, this complication has been deciphered with the introduction of virtual health care progra...
Read more