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Justice in India is Just Ice

The work of the judiciary is to ensure fairness and equality in the society. Justice is blind. It has to treat everyone equally, irrespective of age, gender or importance. But many eyebrows are raised when the question of the effectiveness of the Indian judiciary comes up. Justice cannot be for the rich and powerful only, but cases like the recent bail of Suresh Kalmadi make it seem so. Justice is effective only when it is meted out on time. This is not something the Indian judicial system is known for. Barring kangaroo courts and the like, most courts take up to years to solve certain cases. But justice delayed is justice denied. Nearly 3 decades after the Bhopal gas tragedy the offenders were punished much more mildly than they should have been. By the time proper justice is, if at all, given to the victims, they will all have died. Terrorist Ajmal Kasabs death sentence may take several years to get executed. There are so many more examples of cases taking endless time to get resolved and this is mainly due to the complicated nature of the judicial rules. Also, our constitution is very large compared to those of USA and others. Many of the articles are prone to misinterpretation and hence misuse by litigants. The reason why our judicial system seems icy is because they prefer to mechanically follow all the complex written rules rather than use their common sense. Many simple and less serious cases which could be resolved in no time take years, wasting the governments money and the caught-up citizens time and efforts. Surely the courts could use their heads in such cases and divert their attention to the more serious problems plaguing our country? There have been situations in which the judiciary has tried to make proper decisions but even then they havent been able to come up with the best solution. For example, they cancelled the 122 licenses in the 2G spectrum scam case and called for reallocation of the spectrum by auctioning. But in the opinion of some, they are trying to unscramble a scrambled egg. It would have perhaps been better to make up for the losses to the exchequer by fining the companies. Moreover, the judiciary seems to be trying to do some of the legislatures work because they dont trust their decision making ability. Indias judiciary has huge potential, but for it to be fully utilized the mechanical way of following procedures must be reduced. If we compare how the case of the Pakistani cricketers in the match-fixing mayhem was taken care of by the British court, it was done speedily and effectively. Every citizen of India hopes to be protected and given justice. Crimes and corruption would reduce only if the laws of the land are guarded more stringently. It is the responsibility of our government to see to it that justice doesnt become just ice.

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