We are citizens of Independent India. This India was a British colony before the mid night of august 15, 1947. Numerous men and women laid down their only precious life for one cause and that is progress of India, i.e. Progress of Indians.
It comes to our mind that Bhagat singh, Bal gangadhar Tilak, Mahatma Gandhi, Subhash Chandra Bose, Abdul Kalam Azad and many countless brilliant laid down their entire life to seek freedom from British rule, not because for the sake that they were white Englishmen, but because these white Englishmen were practicing discrimination, inflicting merciless exploitation on Indian poor lot and devising suppressive penal laws towards Indians. The British govt decision making process were non transparent and Indians were not consulted. They devised Justice delivery system which was nearly impossible for bulk of Indians to understand, leave alone getting justice. Britishers were told to go back not because merely we wanted our men at place of power but because it was seen that Britishers didn't gave dignity of life to the Indians.
Our freedom fighters wanted freedom of our Indians from those suppressive laws and that unjust justice delivery machinery. Our freedom fighters obviously thought that when India will be Independent, the Indians at the center of the governance will gradually abolish all ill practices of British system of governance.
However, that has not happened at the hands of Indians who governed India. We are still following British practice of stringent suppressive laws taking the liberty of man at the mere wishes of the police. The procedurally complex Justice delivery machinery which can only be accessed through lawyers, is still passionately followed.
We the people have never asked the men at governance. We thought they may be doing the right thing. Perhaps we also thought that our freedom fighters merely fought for Independence of India. Perhaps we fail to look into the inner desire of our freedom fighters as why they need freedom from British people. We have never asked why Justice delivery machinery was not overhauled after independence and thus our men at governance did not changed it.
Moreover, it is wrong to conclude that "I am not affected by present nearly collapsed justice delivery machinery because I have no cases in the court". The truth is- we are party to numerous cases. Today, our higher courts decide every aspect of our life. Every aspect of life, be it education of our childrens, public transport to which we use daily, water-air-noise pollution in which we live, police brutalities to which we are vulnerable, our life forest, labour laws, accountability of the government, these all issues are some time or the other, are actively under the consideration of higher courts. The orders of the courts, like laws, are binding on every one including on the govt.
And therefore, it becomes more important for everyone of us to know how this Justice delivery machinery function, who are the men who decide our fate.
Today, we find ourselves like a concerned but helpless mute spectator to the continuously deteriorating system of governance. And then we rightly decide that as an individual citizen, we are incapable of influencing the change and it is in our interest that we should concentrate on our life, our family, earn max wealth to secure our life.
Having said all above, we should be saying- one important development constantly took place for last 63 yrs since independence and that is- our government advised itself to constitute various committees and commissions to look into systemic anomalies and sought recommendations from those legally constituted commission committees. And these various legally constituted commissions committees, manned by genius, did gave brilliant practical solutions to our many systemic ills we are facing in various walks of life. However, our government is found not interested in accepting and implementing those practical solutions.
The Constitution of India has conferred Independence to Judiciary and extra ordinary powers to Judges of higher Judiciary so that they can effectively perform its duties so assigned, without any political or apolitical influence.
However, the National Commission to Review the Working of the Constitution- judiciary headed and judiciary dominated- which submitted its report in 2002 is on record saying 'Judicial system has not been able to meet even the modest expectations of the society. Its delays and costs are frustrating, its processes slow and uncertain. People are pushed to seek recourse to extra-legal methods for relief. Trial system both on the civil and criminal side has utterly broken down.' Also, 'Thus we have arrived at a situation in the judicial administration where courts are deemed to exist for judges and lawyers and not for the public seeking justice'. WE ARE IN 2010 AND CONDITIONS HAVE DETERIORATED CAN SAFELY BE ALLEGED.
Parliament State Legislatures, by enacting laws, confer rights and cast upon duties. However, a Law never inspires confidence unless the machinery for its enforcement is inspiring and fair. High Sounding rights and pronouncements of personal liberties becomes hollow when enforcing machinery is found incapable of handling the workload.
A dysfunctional Court will only ensure (1) a good lawless society. (2) renders every conferred right meaningless and encourage breach of duty. (3) misery, annoyance, frustration for innocent. (4) prosperity to law breakers. How you will grade or term a system wherein you are unsure of justice delivery. It is akin to begging for justice and not fighting for Indian Citizens are treated like a beggar in the temple of justice.
We sometimes fascinate traffic signals if there are NO traffic Cops. Isn't it is the same as that Ministers, Police, IAS, IPS, Lawmakers fascinate laws of the land everytime as if there are no Courts and Judges. While doing business, we beg before our customers to pay our due bills for if we raise our voice, they say, better go to court, to recover money. Landlords' dance to the tune of tenant for they may never vacate the premise and may abuse the process of law by filing litigations and by securing never ending adjournments.
Least should be said about present Justice delivery Courts and those who have the occasion to deal with Courts only know the victimization involves in litigation, in particularly, when one is innocent, or when one's rights are brazenly violated.
Vulnerable paper sheets forged with cotton thread, papers nearly torn apart, hanging pendulum at every door of justice, however showing fortunate list of scheduled hearing of cases for the day, script a telling casual attitude of men in-charge of the institution and consequent mess of justice courts can safely be presumed.
Note must be taken of the fact that if the Government becomes unresponsive, the legislature invisible, the people can rush to Courts. But if the Courts become unpredictable, it is the end of the system.
Here we are concerned with rejuvenation of Justice System and so we are concerned with various Law commission Reports on Judicial Reforms which are merely gathering dust in govt show case.
We are of firm view that if we at Forum For Fast Justice able to improve our justice delivery machinery, we have achieved a lot. Illegality flourish because the corrupt and criminals banks on collapsed justice delivery machinery.
Here we also say, as a matter of fact, a Judge stands between the illegalities of the administration and the victim, meaning that, a Judge is seen as the protector of a citizen in case the administration is found doing injustice to the citizen. But if the Judge fails to check the administration, it is the end of system.
We will also say here that "a constant affair with thy nation" should become personal obligation of every Indian citizen.
In the light of aforesaid, we at Forum for Fast Justice have committed ourselves to work relentlessly and exclusively for improving Justice delivery Courts, of course, all by Gandhian means. Also, we will add here – the support of Citizens of India is indispensible, in whatever way they can give.
To Know the scheme of Justice, Click here -
Record a Letter to Chief justice of High Court if you face arrogance or plain illegality of any Lower Court Judge / Tribunal / Commission.
Record a Letter to the Chief Justice Of High Court to improve delivery of Justice at Lower Courts: High Court's Constitutional Supreme Power/duty to streamline Lower Courts
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