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Sunday, 2 March 2014

Why the Justice is delayed (denied)?

“Truth never damages a cause that is just.” 
- Mahatma Gandhi
Let’s look at how the process of justice impartment takes place, as far as the criminal cases in the Indian courts are concerned, all the investigations are done by the basic law enforcement agencies, such as Police or CBI, which ultimately reports to the government and make justice captive of the powerful. Prosecution is also constituted by the government, which comprises of an important figure technically known as Advocate on Record (AOR) or Deputy Governing Council (DGC). Thus it could be very well understood that two of the most important perspectives of Justice completely belong to the domains of the government.

The government also looks after the financial management of the courts for their smooth functioning, with a significant control over the flow of the funds, the government could be believed to control the capacities of the courts directly. Justice being a common concern for both the Central and State governments, both of these are responsible for providing the courts with funds. Thus, it could be well ascertained that the government indirectly controls even the process of trial through its control on funding. There is no doubt that the courts are duty bound to impart expeditious justice and fairness, there are numerous bottlenecks. The increasing work pressure of the courts raises the matter of writing and publishing of judicial proceedings, decision and orders and their timely updating on the respective websites of concerned courts.  The existing tradition of writing and reporting judicial proceedings, decisions and orders needs immediate reviews with utmost care in order to enhance the efficiency of the courts.

In other words, it could be said that scope of justice & fairness lies very much within the government’s span of control, as the courts and the justice they provide are a clear subject to the manipulation of governments.  To a great extent the justice is virtually executed and very much manipulated according to the wish and will of the ruling government. India has been suffering from the dangerous illness of corruption since long and needless to say that it has intruded in to the judicial system on which rests the responsibility of providing justice to the citizens at every cost. The Judicial system is no less corrupt than any of the other institutions & agencies existing in India. Corruption occurs with the absence of the basic virtue of accountability of doer towards the taker on various grounds, such as legal, social, ethical & personal, whatever are the mechanisms, and everything falls scarce of the effective measures to deal with it.

The growing impact of media houses and other such organs of public voice fell apart due to the fear of contempt; as a result of which corruption continue to exist. The Supreme Court has also complicated the matter by removing judges even from the ambit of criminal investigation; as a result, one cannot even register an FIR against a judge framed with bribe charges without the prior permission of the Chief Justice of India. Thus, the supremacy of judiciary is maintained in every situation, be it pro-people or against. It has essentially become highly self protective and taken the form of a closed and opaque box through which neither light can enter nor can pass through, and hence justice gets delayed at the outset and ultimately denied if going by the reason.


  1. In my strong opinion, the very cause of all the evils in the society is mainly because of delays in delivering the justice to the victim. This weeks Satyamev Jayate episode on rape victims also shown the same thing.

  2. If a victim fails to get fair trail and timely justice, this will provoke him/her to break the law and take revenge himself/herself. And this is what happening in the society at present. We all as a citizen should be very concerned to raise our voice against this.