Dev Raj Gulati (Category- Article)(JUSTICE | Certificate of Excellence)

Dev Raj Gulati (Category- Article)(JUSTICE | Certificate of Excellence)

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Dev Raj Gulati

 

Response to UBIs contest no 33 on Justice.

In India ( and elsewhere) crime is increasing in the geometric proportion while justice ( if at all,even delayed) is rendered at best in the arithmetic proportion .

The classic Malthusian Theory is so ‘ universal’.

What’s the way out?

1- Reduce the list of ‘ crimes’ enumerated in the IPC( of British vintage) to a lower level.

At least the crime of ‘ sedition'( so subjective),defamation  and the like could be dropped.

2- Just two layers – trial and appellate ,serve the purpose .

3- Jurisdictional and other miscellaneous preliminary objections could b dropped.So long as justice delivery begins on day to day basis is being rendered in a transparent mode,it serves the purpose.

4-Court hearings b focussed on the ‘ core’ 

issue and a single lawyer from prosecution and defence side suffices.

5-Trials b time barred .

6- No under trial b locked up without due process.

7- The criminal cases ought to have a ‘ jury system’ where biases,pulls and pressures from the vested interests are zeroed.

8- Even foreign judges could preside and lawyers could plead in Indian courts.

9-It’s desirable to video record and telecast the proceedings for ‘ justice must also be done’.

10- With advance in technology and forensic and medical reportage,the plethora of n number of ‘ false’ witnesses could be reduced.

 

Dev Raj Gulati(71)

Retd assoc prof in eco

Delhi University

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