Is The Indian Judicial System Efficient Enough To Beat Crime

[ritu 1]

Indian administration can be divided into three parts:Legislature, Executive and Judiciary. Out of these, Judiciary has been given the power to act as the guardian and protector of the citizens. It is the Judiciary's responsibility to see that if any citizen's rights are violated, it should take charge and solve the dispute, restoring the citizen's rights. The powers given by The Indian Constitution to the Judiciary makes it equipped enough to deal with a major number of problems, including malpractices carried out by the government, then why is it the case that the citizens always are found complaining about the poor law machinery of the country.They are actually losing trust. The problem lies in the fact that the process of delivering justice is unbearably slow. There is a lot of delay here, trials take too long as a result of varied factors like lack of sound evidence, any of the prime witnesses to the incident turning hostile etc. Lately it has been seen that even after producing concrete proof against an accused, justice has been delayed, the way it has happened in the 26/11 Mumbai terrorist attack case, the accused is still being tried.This is just one instance, innumerable justice-seekers meet the same fate. So who is going to answer about the solution? People have started avoiding appealing to the courts of law, how do the interpreters of law find this favourable? Has the law machinery really failed to deliver, shattering everyone's expectation?

[tritesh 1]

trials take too long as a result of varied factors like lack of sound evidence, any of the prime witnesses to the incident turning hostile etc.

That is just because of that we are loosing our humanity and moral values. Most of the prime witnesses are having family that results to a lot of responsibilities and may that people not want to have problems for their family as well.

[priyadharshini 0]

In Indian criminal justice system 80% to 90% of criminal cases results in acquittal, in this situationthe introduction of the concept of Plea Bargaining in CrPC Amendment Act 2005 [sec 265A - L] has certainly changed the indian criminal justice system, many criminal cases were dismissed due to weak in prosecution side for want of evidence, here the prosecuition will have a chance to find the accused a guilt, by co-operating with the accused for pleabargaining.This enables the court to dispos of the cases in a faster manner and thus render justice with out delay, victims even can avoid lengthy process,it also reforms the offenders by acceptingthe responsibility for their action.

[MayukhDebnath 1]

The criminal justice system in India, or as a matter of fact round the globe is influenced by the evidence or the witnesses version of the event. In some rare cases though the jury or the judge himself bear a great significance to how well the case is situated in the balance whether in for or against. This is because of the thinking or personal liking that takes precedence.In our locality we came across a case where the judges involved in the case, had the case been dragged and prosponed till their desires were met. Latika diagnostic center had seventeen employees including three doctors. But on June 2007, the founder doctor Dr Ramya was accused of abortion after determination of sex of fetus. This was illegal and crime. The patients father-in-law who was influential and a wealthy man filed an FIR. However, the patient was admitted with severe injuries and the doctors and nurse had tried in all possible ways to save the mother and child. But only mother could be saved. The case was moved to high court where the doctor was barred from practicing any further till the verdict. For three years the case went on with newer dates and new twists. In the mean time, with no means to earn, and after paying the staff from her saved money for a considerable period of time, all other doctors and nurses had to leave. Dr Ramya was bankrupt and her husband had little earnings to sustain the family and pay for the home loan EMIs.In an event organized by the friends of Dr Ramya, she met a judge Mr Thakur, who promised to help her in the case and also make sure that the verdict is given in the next hearing in her favor. But on the next hearing the judge was changed and a new judge was appointed and he ordered for all the evidence and witnesses be questioned again. This was a shock for all. Two days later, a representative from Mr Thakur approached Dr Ramya and said that if she wants to the case to be resolved ever then she should use her beauty and impress and please Mr Thakur. But that was not acceptable and when Dr Ramya's husband heard this he verbally abused Mr Thakur's representative who dropped his phone number with them and filed a case against Mr Thakur of misusing judicial power.The next day Dr Ramya's husband was arrested of murder and drugs dealings. Things got worse with a few months and the family was under severe financial pressure. Finally Dr Ramya agreed to Mr Thakur's demand on grounds that she and her husband will be released from the court trials and allegations. On agreement she visited the hotel booked for the purpose but with the help of a friend got a spy camera installed near the bed. When Mr Thakur came there, the whole conversation of court case and her husband to be released was recorded and she managed to escape before anything could happen, after a few fight. This evidence was produced in a special case filed afainst Mr Thakur who had to give up law and Dr Ramya was given proper justice.Things are not that fortunate for all, as it is already more than a year now for this case and Latika diagnostics is yet to get back its good days.

[adriantc 0]

This is a very complicated subject considering the latest happenings in India... The story of the young woman who died after being gang-raped and beaten on a bus is truly horrible and so fresh on everyones mind - it makes me loose faith in human kind when things like this happen. In my country we also have problems and I'm sure every country has its very own kind of animals (because you simply cannot label such individuals as *person* sapiens - wise men), but usually the problems not from the laws, but from the way they are imposed. From what I have read in articles and from the news, in India the problem is bigger since the laws themselves seem to not be harsh enough to discourage such behavior. And, sadly, from what I have read this is pretty common event. As I have heard India still has the death penalty, which I consider necessary for some crimes (like murders, rapes and so on) when the evidence is strong enough to justify the harshest penalty a civilized society can impose (some may say a society which still imposes the death penalty is not so civilized after-all, but I can't stop remembering the face on Anders Breivik when he got twenty something years in prison for the 2011 Norway attacks - with 3 warm meals a day, warm bed and entertainment). Of course in the case of this poor girl (a very mediated one) it is very important to send the right signal for the rest of society. If after such a horrible attack those animals walk out as if nothing has happened (from what I have heard the policemen tried to make a deal between the two parties... maybe getting the poor girl to merry one of those animals) imagine what kind of signal people with such a conscience get. Maybe after the protests somebody might consider doing something about it, other then giving those eye-watering statements.

 

But enough of an outsides view on this... What do Indians think? Where is the problem? Why this things happen so often in India?