Justice In India: A Will-O’-The Wisp

The Indian Penal Code is the ultimate account of all the Laws and the punishments liable in case of the breach of any of them .This document has been the basis of the entire judiciary in India and has been used by law enforcers since the time of the country’s independence. It has provided the law makers with a system of laws that is used as a reference in order to bring about any crucial judicial decision. The Indian Penal Code was written by the British in 1861.Their aim was to economically plunder India. . Unfortunately, after independence, we continued with the same system. Even after a lot of changes and amendments made to the first, original copy of the document, the basic structure of the Indian Penal Code has remained the same since it’s very first draft.

But are these laws actually helping people to seek justice or are they just being used sagaciously by the powerful people who exploit the shallowness in the IPC for their own interests. Can any aam aadmi think of getting any sort of justice in a country with such an obsolete jurisdiction procedure and a land where power means everything?

Here is a look at some classic examples of the Indian judicial system:

In 1999, Jessica Lall was shot and for 7 years the culprits were shamelessly partying. The so-called “Law and Order System” was helpless, or rather was blatantly modified to suit the demands of the mighty.

Section 309 penalizes a person who unsuccessfully commits a suicide. This is not at all humane as what actually is needed in this case is to provide the person with proper counseling in order to counter the root cause of such a harsh step. Thus, this section, which reflected a colonial outlook and impaired the citizen of his rights, has been done away with.

And now the sedition laws! I really fail to understand what actually is happening in my country! A mass savior named Binayak Senwas charged with sedition as his help and aid towards the poor people of Chattisgarh was considered an act which caused contempt or hatred or disaffection against the “government” and not against the “country” or the “constitution”. Most of the people who regularly use RTI, expose corruption and criticize governments could be easily prosecuted under the above section. Everyday, opposition parties incite hatred against the government in power. Therefore, all opposition leaders could be held guilty of “sedition”. If strictly implemented, this section could muzzle dissent and democracy.

And see the irony, the tapes of Nira Radia show how journalists, businessmen and politicians conspired to threaten economic stability of India; how they threatened the constitution of India by putting the cabinet berths of Indian government on sale?  But the British laws under which we work do not treat this as sedition!

We all say that India is going to be the next superpower and with the economy booming at a rate of 8.75%, surely India can be the next big thing. But when it comes to jurisdiction, India is a very pathetic player. The loopholes in the jurisdiction procedure cannot take this country to the pinnacle of success. It is the right of every citizen of the world’s biggest democracy to get fair and unbiased justice.

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Tarun Chugh

Delhi Technological University

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