June 14, 2010

Indian Justice System or Indian Just-Ice System

Filed under: Press_Coverage — Fighting Legal Terror @ 10:40 am


We have a mechanical judicial system in place where the rules and procedures are more important than logic and justice.
DO WE have a justice delivery system in place in our country? Does the government know the ground realities? Does the Law minister know how much time it takes to get a final order from courts in this country? Well, things might have remained the same way but thanks to the Bhopal Gas tragedy judgment, which got wide media attention across the country. I hope this judgment is enough to open the eyes of the Government about the ground reality.

The justice delivery system in this country has collapsed. We at National Family Harmony Society (NFHS) are doing constant effort to create awareness to impress upon the Government to let them know about the magnitude of the issue and for urgent judicial reforms.

About National Family Harmony Society (NFHS) is a Non Governmental Organization (NGO), promoting the cause of ‘family harmony’ and ‘gender equality’. It is registered under The Karnataka Societies Registration Act, 1960 and is based in Bangalore. We have branches in more than 16 states and abroad too. We have approximately 14500 members all over India.

Let us take the example of Family Court System. These special courts which were formed across the country to try the matrimonial related cases have done more harm to the litigant than good. The law is blind as well the people who are delivering it. There are many loopholes in the system which one or the other litigant exploit to their advantage.

For example, it is seen as a trend that estranged wives will implicate the husband and his entire family in the IPC 498A, popularly known as Dowry Law and then when the husband will put divorce application in the family court, the estranged wife will oppose it. It is a matter of common sense that when the husband and his family went to the jail and the wife is seeking their jail term then how can both of them stay together.

In such situations and circumstances, the best logical step is to grant divorce to both of them without trial. But women are making a mockery of the justice by taking contradicting stand in both the cases. Similarly in the case of Domestic violence Act, the courts can pass Ex-Parte for residence in the husband’s house if she gives an application for residence in the court. As a matter of common sense, if at all the husband was violent with the wife, then how can the wife be expected to continue in the same house?

I was attending my court date last month and a man was sitting next to me. Out of curiosity, I asked him what is his case and he told me, seven years ago while crossing the railway crossing his vehicle hit the railway gate and there was a small damage (estimated at 2000/-) to the gate and the railway police had promptly put a FIR against him and over seven years he has been attending trial on every court date.

Imagine the amount of money the government has spent on his trial during the seven years and the amount of his productivity which has gone down the drain over these seven years. The logical step would have been he should have been tried in a fast track court with an option to him to tender apology and to recover the cost of damage to the railways. This is fair, as he is not a habitual offender and the offence is neither intentional nor has endangered any one’s life. But we have a mechanical judicial system in place where the rules and procedures are more important than logic and justice. Jai Hind

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