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