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Politics in Asia

Oddities of India's legal system

As an Indian, writing anything about Indian legal or Judiciary system, imbibe an apprehension of contempt of court. Though the very system deems to be corrupt to the hilt, for a person not conversant to the law book, getting into it is comparable to the man who knows not how to swim and trying to cross the rough sea. While discussing the Indian freedom in British Parliament, the then British P.M Sir Winston Churchill said while taking part in the debate-" give them freedom, the men of straw will take over and they will vie with each other to fill in their own coffers". It is exactly so and well established in Indian system of democracy. The most of the politicians have proved themselves what Churchill expected them to be. They have turned all the pillars of democracy the way it serves them the best. Fair Judiciary is prime pillar of democracy - is a well know established fact.

Indian judiciary is unique in nature; perhaps no judiciary in any democracy of the world can match it. If the old adage like "justice delayed justice denied" still holds good, then one has to say justice is a rare commodity here. The usual time it takes in getting the final verdicts and the number of pending cases may find a suitable place in Guineas Book of records. There are cases pending for more than 150 years in some High Courts. The under trials in many jails are rotting for the period more than had they been jailed if convicted on the charges they were put to.

Many hue and cry were raised; the law commission was set up to find out the remedy. They took their own time to come out with their recommendations which are put to deep refrigeration. As this is so common in India with any recommendation of any commission. The experts find the problem in the very law itself of which most are archaic. The endless appeal procedure, which offers the criminals to avoid incarceration till they die, if they are moneyed, is boon for Indian system of democracy. The government`s apathy to fill in the vacant posts of judges for decades. It is believed the politicians and bureaucracy, the power that runs the government is unwilling to take any such step to revamp the judiciary. This threats their own existence. After all the duo is charged with numerous cases of corruptions, if convicted, most of them would be behind the bars! Only the common men are the sufferers. So, what? They are born to suffer.
Such is the grim picture of Indian judiciary, which is full of oddities. The faith in the system is long lost. In most of cases where ever possible, it is found the public is taking up the law in their own hand. The lynching cases are on rise in most of the states in India. The only solution appears to the problem, that the common men avoid seeking justice and have learned to compromise with crime and injustice. They believe in the following "God gave us serenity and peace:
and the courage to change what can be changed, .and the tolerance to accept what cannot be changed;..and the wisdom to distinguish between them!"

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