Recently, I came across one advertisement in Hindi that shows truth brings mental peace to human beings.
I used to believe in the same until I came across a recent research report in Outlook India.
This report based on a study by the researchers of National Law University (NLU) on India’s death row convicts bring out some chilling information that raises questions whether it is really the truth that triumphs in our judicial system? In other words, does truth always prevail and give us much needed mental peace.
The daily noose
This study was published in Outlook, Dec 15 edition () shows the following disturbing truths –
- A majority on death row are first-time offenders
- Direct evidence was missing in most of the cases
- Confession extracted through torture relied on conviction
- Trial courts under pressure to ‘Act Tough’, award more death penalty
- Convicts do not have access to quality counsellors, lawyers, and psychiatrists
- Even though the convicts may get legal aid services, the advocates in legal aid services do not attend their cases or argue properly as they are not paid sufficiently by the state
Even though the researchers found some hatred to some castes but irrespective of caste all death row convicts had one thing in common. They were all poor.
The researchers revealed that rich people with a similar crime have been acquitted.
Some facts detailed out in the report show the poor mechanism of trial in our courts. For example, in one case where prosecution demanded 100% DNA match of three accused with that of the victim was found impossible by NLU researchers. Forensic experts refuted the possibility of ‘100% DNA match’ to NLU researchers as victim’s body was submerged in the muddy area but this point was never debated in court and the death penalty was pronounced.
This research exposes the true nature of our justice system today, as it states –
“Lawyers only spoke about money with their clients”.
When the clients are poor and they are convict of a serious crime like murder or rape only the men with money is heard by lawyers. All these death penalty convicts couldn’t even pay 100-200 rupees to their advocates per appearance. How could they expect justice?
NLU researchers found many chilling truths about these life convicts. One of them who was a BAD man to everyone, tried to break free from jail many times told the researchers that he, in fact, wanted to break out to save his wife who was being sexually exploited by the defence lawyer.
Reading through this research report shows us that human values no longer exist in the modern world.
This research also showed how India’s rich and influential escape death penalty simply by the power and money they have. The best example was from the dreadful Nithari case of serial rape and murder of young children. In that case, poor Surinder Koli was sentenced to death whereas the owner of the house M. S. Pandher is out on bail and his trial is inconclusive. Similar are the cases of other murder accused Manu Sharma, Sushil Sharma and Ravikant Sharma.
The cases elaborated in the research showed how India’s legal system works on the money. The poor were denied justice because they could not spend enough to buy the same. Yes, this report shows that Indians need to BUY JUSTICE from their courts.
Accordingly, if we look into the cases handled by our family courts we will find the same story of greed and extortion. Advocates taking the money and not appearing on the court dates, advocates taking their fees and not drafting the affidavits properly or not giving the right arguments on the argument dates or not taking proper steps for their clients are very common in all Indian family courts. Judges not looking into the evidence properly, not reading the affidavits or giving judgements based on prejudices is very common. Sudden seize of work due to an advocate death or training or some other reason is the order of the day and all clients are expected to pay their advocates their fees even if there was no work. Court papers going missing, the bench clerk not finding out the papers in time are other reasons why both side litigants end up paying extortion money (lawyer fees) to their advocates. As a result, cases in Indian family courts take years until the litigants decide an out of court settlement. This again results in huge income for both side advocates.
This NLU research is a positive step towards bringing this legal extortion to light. The problem is so serious that this corrupt legal system does not even bother to award death penalty and deny justice to poor without following proper legal procedure.
This research shows that justice in India is no more based on truth. Thus truth may no longer give us much needed peace of mind. This new- year we need a new beginning, we need legal reforms in India to ensure that truth brings back our mental peace.
I loooooove India.
It best country off the sunny system.
Here man is dog, unless the man is woman.
But rich man and even nor rich woman
are always top dog.
Because to them law is a lap dog.
But lawyers are bullydogs.
And politicians are hotdogs.
That is a lot of barking inside the bush.
In end, man is the underdog.
But still, even then,
I loooove my India.
At least here I can have a dog’s life.
What the researchers found is true. The system is filled with corruption. There is lethargy, favoritism, negligence and money play from the peon to the top. Every one puts hand forward for any work. And money makes papers go missing in the files, there is no punishment, the person is only transferred to another court located in the next room!
One has to shell out money to make any paper to move from one person to the other.
The quality of the ministerial staff is the lowest. I challenge if any one can clearly say what the bench clerk is calling out. We have to proceed by the sound of the words, not by the clarity of the words. If the one party is to be favoured, only a part of the other party’s name is called so that the party misses out to appear!
And there are judicial officers who say ‘whether I have to read so many citations’ ! We fail to understand what for he sits there.
And there are judicial officers who are guided my pre-conceived notions rather than by the facts of the case and the provisions of Law.
A lot lot needs to be changed. It is better if Modi ji can redirect the Swach Bharat campaign to cleaning up and reforming the judiciary. Lakhs of crores of people’s money is wasted. Lakhs of people every day are making rounds to the courts without any purpose being served, losing their daily wages, salary, earnings.
In continuation, the legal profession has de-generated and has lost and given up all professional ethics and conduct. (Exceptions are always there) they take money but do not turn up or file the required papers in the court or make the required argument. They encourage all sorts to frivolous litigation knowing well that it cannot sustain.
And the judges are averse to use the provisions of Law such as perjury which can go a long way in solving the problems. It has become a fashion that any one can make any sort of allegation, complaint on another and in the end he goes scot free.
Perjury law gives penalty of only Rs. 15,000. Do you think that is any deterrent? The two year jail term is never given. Even when a case against Rahul Gandhi was proven false, court fined the girl for a false case.
Womyn justly deserve liniency in sentencing. We are the weaker sex. But stronger in emotions. Also all cash punitive measures must be waived against us womyn, because we only own less than 5% of world assets. Don’t believe me … ask Gayatri Chakraborty Spivak of Columbia University. A matriarchy is a very good system. If you join it willingly, you’ll be happy. World will be safer for men, women and children. No rapes!
Joke of the century…a mockery of what is called ‘Justice’ ,a disgraceful blabber,albeit to the effect of annoyance.
The above comment is in response to the comment by a certain womyn.
Note:-Uttar Pradesh Government ,Bihar government gave tax free status to PK.PK movie is starring Amir Khan.Amir Khan is a notorious misandrist.
In the movie PK,it is shown that men are scum bags and worthless.
Proof:- In a particular sequence where Amir Khan touches Sanjay Dutt’s hand ,Sanjay Dutt asks him to recognise the difference between man and woman.He asks him to see his government Identity card and asks Amir Khan to see the gender.Then he says ‘You see my sex.I am a man ,a scumbag,worthless”.
Please do not vote for these two governments,There are upcoming elections going to be held in Bihar.Campaign against them.
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