Friday, June 10, 2011

IS JUSTICE AVAILABLE ONLY TO THE RICH?

VARIOUS POINTS THAT CAN BE INCLUDED


It is often said that the one who has the riches has the power too and can call the shots whenever and wherever he pleases to. In today’s world, it is not hard to find instances where those wielding the clout can go scot-free even after having their hands muddied in cases of the worst nature—it is either a word from the authorities or one of the many loopholes that exist in the judicial system are exploited. However, one cannot generalize the impression for there are instances where verdicts are delivered in favour of the ‘not so rich and powerful’.

Even though it is endeavoured to a great extent that the judicial system be kept immune from all possible pressures from several quarters, there is no guarantee of success in this attempt, for greed does not have an antidote but for a live conscience. Does this point to the fact that current system of delivering justice is a mere farce, that is now only interested in jingle of the coins, or is there still some substance to it? Are the judgements up for sale or can the average man take recourse to this route without the fear of truth getting mauled somewhere in midst of the process? Is justice available only for the rich and the powerful or can the commoners still be sure about the truth always triumphing?

 In my opinion, the term justice itself has changed in its meaning greatly. What was once the right of one and all, irrespective of clout, has now come to be doled out in a measure equal to moolah laid down in the other scale.  Justice is fashioned on the terms dictated by the rich and powerful. It is no more in favour of the right. Evidences can be easily doctored to suit the needs. The dictum, survival of the fittest, conventionally implied that only those who could endure all troubles, and were equipped to beat all odds would be the survivors. And now “fittest” has come to mean “richest” in this context. Riches command power and power commands riches. All that remains necessary to emerge as winner in all situations, irrespective of being on the right or wrong side of it, is the power of money.

 It is not as if the rot has overtaken the system, but merely a case of a few bad eggs. I feel that it greatly depends on the integrity of men, whether they help in delivering justice or become instrumental in derailing it. If a man is not corrupt, it will be difficult to keep him from fighting tooth and nail to do an honest job. There are still good men left who do not buckle under pressure and neither do they have a conscience beaten dead. It really helps, especially if the person occupies a position of authority in the officialdom.

 It does appear that the feeling of justice being meted out to the rich and powerful sections of the society is gaining ground. It is not as if the idea is based on a few odd judgements, but on the premise of questionable uprightness of the men sitting on judgement and their support structure/auxiliaries. The old maxim that “there is enough for man’s need but not for his greed” is only so true. Let us not forget that even those sitting to deliver justice are humans and very much susceptible to falling under the spell of the Mammon.

 I would not agree with such a view. Let us not look at the situation as if all is lost and that the concept of justice has deteriorated beyond redemption. Let me ask you a simple question—how do you think that the system is functioning still, if the bell tolls only for the rich and powerful? If every part of the machinery has gone defunct, why are the courts still doing business as usual? People would not resort to the legal redressal at all if they perceived the extent of fall to such great levels. In that scenario, only two things would have resulted—either jungle law would have prevailed or people would have figured out an alternative mechanism of arriving at a fair solution. Both are not in operation. A tree trunk that has been eaten up hollow by termites cannot stand for long. Similarly, if the system has been, say, sold out, it cannot appeal to the public any more. I think that there is still much to the judicial system and that a biased judiciary can have a very short life span, if at all. If there are faults, then the entire system of policing that supports the judiciary in carrying out its tasks by doing the basic works should be re-examined.

I hope, my friend, that you will agree with the time tested saying that, "justice delayed is justice denied". There are countless instances of decades going by with people waiting for succour in form of a correct judgement. Cases are left hanging fire for one reason or the other. Even the dates for hearing are allocated after months, making the exercise futile and frustrating. What good is a compensation a decade after a person lost a job or suffered gravely in a large-scale accident?  A victim can be helped only if there is immediate relief. And delays only amount to further victimisation. It only means that even if corruption and wrong doing exists at the upper echelons, it can be gotten away with, for they know that even if their devious activities are spotted, they are as good as safe. It is not only the judicial system and laws to be held responsible, but also the law enforcing system—the police—that aids its work.

 I have some reservations about my friend’s argument. It is not true that justice works only for the rich and powerful. Let me tell you that there are concerted efforts on part of the authorities to make the system better. Let it also be clear to one and all that any court of law, or any able judge will only evaluate the case in light of evidences presented. If the evidence collection is faulty and does not reflect the level of competence required in the handling of the job, then the judicial system is not to be blamed. If a strict eye is kept on the law-enforcing authorities, then pure and unadulterated justice is what you will get. After all, the media does keep a check by reporting what it perceives as something not falling in line.

 I would like to take you back to what my friend has stated earlier. I still feel that despite reporting by the media, there is hardly anything good that happens. Most of the celebrity and big name crimes do make news and create a short-lived furore, but what ultimately happens is the miscarriage of justice. The fire dies down after everyone has had their share of the peeps into the lives of the rich and powerful. What happened in the Jessica Lall’s case is also known to all. It is the clout of the powerful section that makes either mediocrity/incompetence take charge in their cases or merely prompt a lack of willingness by the abler ones in collecting evidences against them.

Well, I think that the system does need a double look into its functioning. The rot of corruption has set in and it is courtesy the people who promote it by buying out whoever they desire to achieve their ends. A proper accountability needs to be introduced for the judiciary to rule out corruption on personal level, and for the law enforcers too. It is also true that nothing can keep a good man down, but if the number of this species is dwindling then
something needs to be done and quickly!

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