Saturday, December 29, 2012

Hold Judiciary Accountable!

Yes, for the rape and eventual death of the girl whose story got told, and for the rapes and deaths of girls whose stories never got told. Judiciary, seen as the last standing bastion of people power in India is actually the most vicious and unaccountable arm of Indian democracy. It hasnt changed much since the British established it. Result - millions of pending cases with inarduously tortuous wait for justice for the people. It serves only and exclusively the powerful, ironically precluding the disadvantaged with its slow pace of delivering justice.

Who is judiciary accountable to. The much maligned politicians have to go in peoples court  every five years. The much disgraced police work at the whims and fancies of their political masters. But Judiciary is accountable to none. They also have that contempt law allowing them the power to put you in jail if you display a problem with their grand pronouncements.Politicians are way too afraid of them because most have pending court cases against them. This lack of accountability has resulted in the current situation where law has lost its power of deterrence. Rape all you want - I still have a million cases before I get to yours, ie, if I get to yours at all. If you are lucky, you will die your natural death before we get to sentence you - thats what our much revered Indian judiciary says to criminals. This is not merely a figment of my imagination. This is the reality.

Lets take some obvious examples. What on earth is Supreme court doing about Babri mosque dispute. Do they even have the will to pronounce the judgment. Or are they waiting for the stars to align. How about Sikh, Godhra, post Godhra massacres. In many of those massacres, rape was committed at massive scale. The ones who died got releived of their misery, the ones who live still suffer their pain and humiliation. When will they get justice.

 We often hold our Judiciary in high regard. But really its only the Supreme court that has captured our popular imagination. But justice for a billion Indians is served in the mofussil and district courts. And the inefficiency, nepotism and corruption prevalent in these courts will put even our most viled politicians look like saints. Who should be held accountable for that.

It appears that the Delhi rape case may get a speedy trial. But what will change for the thousands of other women that have been raped. Was  their rape any less of a crime. Were their perpetrators any less guilty. We must ask the judiciary to start publishing its status reports,on total pending cases and in what state they are in. Lets start with the rape cases. Then and only then will some good lasting change come out of this most horrific tragedy.

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