India Insight

Has the judiciary been a let-down?

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A former Chief Minister of Karnataka sparked off a controversy in the 1990s by comparing the country’s legislative, executive, judiciary and the fourth estate to four pall-bearers of India’s democracy.

Many would have disagreed with the cynicism the comments displayed, especially regarding the judiciary.

An activist judiciary in the 90s was seen as the moving force behind a range of public-service initiatives.

The legal system, seen by many as the last line of defence against a corrupt system, has recently attracted adverse attention for its perceived failures.

In the Aarushi murder case, the country’s premier investigating agency, under the tenure of three successive CBI directors couldn’t nail anyone for lack of evidence.

In the case of Binayak Sen, however, what is perceived as the lack of concrete evidence by many, did not hold back the justice system from jailing him for life.

That the legal system delivers, under public pressure, like in the Jessica Lall case, leads to frequent outpouring of faith in the judiciary, especially in TV studios and even inspired a Bollywood film.

COMMENT

Largest Democracy that has a questionable judicial system hardly can be called a democratic country. The country that cannot dispense proper justice to its subjects how can claim it to be a democratic country.

The Judicial system that with hold Genocide case sponsored by the political leaders of BJP because of fear of being assassinated by the political activists of that party, speaks volume of the poor law and order situation and the Justice system. Does it not indicates that in India still like in old days might is right.

It is very sad that super power countries of the world support a genocide committal country which the country itself inquired and initiated the case. Can all the previous Governments answer as to why the case was shut down in the deep freeze for decades. What to speak of the present government as all are of the same brand.

Would the Chief Justice kindlyy answer to the query, I doubt he will. May be the government’s interference resulted in such dumping of case in the freeze.

I am sure that readers will understand when a Indian beggar’s child becomes a Judge what else he best can do is make money. Because of the fact that when the found the developed countries Judges are corrupt and are being booted out by the President what can the Indian judges do is to secure his future he has resorted to take bribe shoving the Indian Justice System down the sewerages. One cannot blame entirely the Judges after all he has his family to look after in this uncertain situation in the country and Judges out in other countries are making money in US $.

Only recently, it is reported that Judges of Bangladesh comes after Police in corruption. It is said that Political leadership is out and out corrupt and the Judges including the chief Justice is serving the Political cause of the Party in Power at the same time minting money. It is also authentically learned that due to injustice the situation may take a serious turn for the worse at anytime.

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Rough justice as woman kills politician she accused of rape

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An alleged rape and a violent stabbing left an Indian politician dead and a 40-year-old woman in police custody on Tuesday night, as Rupam Pathak reportedly took the law into her own hands to avenge 18-month-old sexual assault charges. Bihar state legislator Raj Kishore Kesri was killed in his own home before an audience of dozens by a mother of two after charges first lodged in May 2010 against the four-time representative were reportedly dropped “under duress” from Kesri and his associates.

Pathak will almost certainly be sent to jail for her premeditated crime, after appearing to take what she considered the only option available to punish the man she says raped her.

A local school owner, Pathak was beaten by Kesri’s supporters after the stabbing, and as she was taken to hospital reportedly shouted: “Don’t take me for treatment. Hang me. I don’t want to live anymore. Nobody knows what I have been through.”

In India, the world’s largest democracy, it can often seem that high-powered politicians are outside the rule of law.

A disturbing graphic in Wednesday’s Mail Today newspaper details numerous state politicians and ministers from across India who continue to walk free despite substantial charges of rape and murder.

In Bihar’s neighbouring state of Uttar Pradesh, a young girl languishes in jail on theft charges lodged by Purushottam Naresh Dwivedi, a state politician who, as she told police on Tuesday, raped her twice before his aides beat her in the local police station after she was framed for stealing from his home.

Bihar’s deputy chief minister Sushil Kumar Modi told a press conference that Pathak had been attempting to blackmail Kesri for some time: “The police probe, ordered by the government, would unravel the mystery as well as the motive behind the sex slur and slaying.”

COMMENT

This is India Political System at her best. The Indian politician, usually, is of little Education; and if He should have some, then the Degree is of little value regarding his Occupation. Ignorant, Amoral Troglodytes running India as they have been ever since the Moghuls…

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A horrible day in Haryana, and a challenge to India’s police

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I had a truly depressing day in Haryana this week, reporting on the murder of a 21-year-old girl and her 22-year-old boyfriend .

It was sad enough to meet a village where many appeared proud of this brutal murder. To come home and see the photos of Sunita and Jasbir, laid out outside her father’s house for all the world to see, was heartbreaking.

Fear still stalks the villages of Balla and Machhroli where the murders took place. Jasbir’s family have been threatened by other villagers that they will also be killed if they speak to the media or if they refuse to drop charges.

Few of them had faith in the police. They said they were “too poor to pay a bribe”. Five people have been arrested, including the girl’s father, uncle and two cousins. I met another cousin, right on the spot where the bodies were laid out, who started by trying to intimidate us and ended up saying he was proud of the murder.

In a tiny police post, a corporal told me such cases rarely if ever reach prosecution. “Witnesses back out,” he told me. “The entire village is on one side”.

As I looked further into the story, I found that love liaisons like Sunita and Jasbir’s, between a couple from the same village, were a direct threat to the upper caste old men of Haryana.

A girl who dares marry against their will, and stay in her own village, might just mount a claim to a portion of the family’s land, as she is legally entitled to do.

COMMENT

Astounding that such cowards who’d strangle a pregnant woman and creep up on the back of another man can consider themselves to have fulfilled their duties.

Its frightening to consider what the playwright Terence said, ‘”Nothing human is alien to me” in this light. How lowly an act to have commited though. You have to wonder at first why this couple stayed near these other people, I suppose they wanted to make a stand for themselves. /That/ is fulfillment of a person’s duties; standing up for yourself in the face of such a horrible thing.

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