This article is written by Shazia Parveen, an intern under Legal Vidhiya
ABSTRACT
In every society, justice plays a key role in maintaining the harmony and ensures that people are treated fairly and equally, regardless of their background or status. Justice helps to maintain order and stability in society by holding individuals accountable for their actions and ensuring that they face consequences for any harm they cause. It also helps to protect the rights and freedoms of individuals and promotes a sense of trust and safety within the community. Therefore JUSTICE IS THE FUNDAMENTAL PILLAR OF DEMOCRACY. It helps to ensure that everyone is treated equally and fairly, and that rule of law is upheld. However, in reality, the system is not always fair. Injustice in the justice system can take many forms, from racial basis to wrongful convictions. These issues are not new, but they have gained increased attention in recent years, as more and more people are speaking out against the injustice they have experienced or witnessed. The injustice not only affects the individuals involved, but also have a wider impact on society as a whole. By failing to deliver justice fairly and impartially, the justice erodes public trust and undermines the rule of law. In this, we will explore the different ways in which the justice system can fail and what can be done to address these issues.
Keywords: injustice, justice system, rule of law, miscarriage of justice, wrongful convictions, racial profiling, corruption
Introduction
When I say “justice system”, I am referring to the legal system and institutions that are responsible for enforcing laws and administering justice in a society. This includes the police, courts, and correctional facilities. The justice system is designed to uphold the rule of law and ensure that the people are held accountable for their actions. However, the justice system is not always fair or just, and there are many systemic issues that can lead to injustice, such as racial basis, economic inequality, and inadequate legal representation.
In most countries, the justice system is made up of three branches of government: the legislature, the executive, and the judiciary.
Injustice in the justice system refers to situations where the legal system fails to deliver fair and equal treatment to all individuals involved. This can take many forms, including wrongful convictions, police brutality, racial profiling, corruption, lack of transparency, inadequate legal representation and many others. The consequences of these injustices can be devastating, both for individuals and for society as whole
Many of the most serious human rights violations in the United States occur within the criminal justice system and disproportionately affect people of color. This system is riddled with inequities, such as policies that unfairly prosecute persons of color, the poor, and immigrants, as well as abusive police practices, unjust procedures, and unnecessarily harsh punishment. The United States has the world’s largest reported jail population, and many communities live under continual terror of government enforcement. Police killings are on the rise. Court procedures are frequently unjust, coercive, and unnecessarily harsh. Jail and prison conditions are frequently dangerous and harsh. The United States Program investigates such injustices and argues for improvements to ensure that the United States achieves its international legal duties while also maintaining accountability and community safety.[1]
Miscarriage of Indian justice system
The Indian justice system is often touted as one of the most robust and impartial in the world. However, it is not immune to the systematic biases and inequalities that afflict many legal systems around the world. The Indian system is plagued by a number of issues that lead to injustice and discrimination, particularly for marginalized communities. From the handling of high-profiles cases to the treatment of victims and witnesses, there are numerous examples of systematic issues that undermine the credibility and fairness of the Indian justice system.
The Indian constitution guarantees its people freedom and equality, as well as social, economic, and political justice. However, based on the country’s growth since 1947, as well as various other quantitative indicators such as the order and security index, it is clear that political and judicial change are urgently needed. Justice is not being served to the people of India. The most vulnerable populations facing oppression, indignity, and injustice are those who dwell in the country’s less developed areas, notably marginalized groups and those living below the poverty line. Corruption, poverty, starvation, and, most importantly, misgovernance are social evils that contribute to the country’s ongoing injustice.[2]
Today’s judicial system is dysfunctional and faulty, with a history of wrongfully condemning innocent people due to a number of factors such as eyewitness misidentification, invalid or improper forensic tests, and even racial bias on the jury. Many wrongful convictions occur as a result of a mixture of these factors, and other factors can also play a role in each individual case (“causes”). Countless people have been imprisoned for crimes they did not commit throughout history, and with current advances in DNA testing resulting in hundreds of exonerations of the wrongfully convicted, one has to ask how many innocents have languished in jails throughout history.[3]
The chief investigating agency, the Indian police, is understaffed and consequently overburdened. Based on Machiavelli’s “real power is fear,” there is a diminishing trust between the public functionary and the population. Apathy is the norm, which has frequently resulted into custodial, torture, and death. According to reports, less than 25% of Indians ‘strongly’ trust the police. The implementation of the criminal justice system rests with three institutions, i.e. the police, the courts and the prisons. With a ratio of 144 police officers per 100,000 citizens, the Indian police is operating at 30% vacancy. The Indian police-to-population ratio is much lower than the United Nations’ recommended 222 per 100,000 citizens.[4]
Appointing someone who are not qualified or deserving of a position might result in a conflict of interest. The person selected may not be impartial or objective in their decisions, which might result in a miscarriage of justice. A fair justice delivery system requires that it be free of nepotism. Judges and other key posts in the judiciary should be appointed solely on the basis of merit and competence. The appointment process should be transparent, unbiased, and free of political influence
There have been several high-profile cases in india that have highlighted the issue of miscarriage of justice. One such case is 2012 Nirbhaya case which was 3 Judge-Bench judgment headed by Justice R Bahumathi and other judges Justice Bhushan and Justice A S Bopanna, seven years after a heinous crime, all four of the guys who had been found guilty in the 2012 Nirbhaya gang-rape and murder case were hanged. The finest illustration for this statement is the judgement in the Babri Masjid demolition case, when the court took 28 years to deliver the final decision. It’s not just the rape cases that take a long time for judgments; cases with religious implications have also taken a long time.
Justice delayed is justice denied
The phrase “justice delayed is justice denied” has been used for centuries. Sir Edward Coke, an English philosopher and jurist, coined the phrase in the early 1600s. Coke was writing about the right to a speedy trial at the time, but his comments are still relevant today. In a society where justice is frequently delayed, people may feel powerless and that the system is working against them. “Justice delayed is justice denied” is an adage/ proverb that states that if justice is not served timely, it is as if no justice is served. This expression is frequently used to describe the bad outcomes of delayed justice. People may feel that they have been wronged and that the system has failed them if they do not receive a fast answer to their complaints. Delays in justice can cause annoyance, rage, and even violence. .[5]
“Justice delayed is justice denied” is a maxim that highlights the importance of timely justice delivery. The maxim suggests that when justice is not served promptly, it is effectively denied to the victim. This is because delays can lead to additional suffering for the victim and can also allow the guilty party to evade responsibility. For example, if a person is wrongfully imprisoned and it takes years to clear their name, they have effectively been denied justice for that time. When justice is not erode in a timely manner, it can erode public trust in the justice system and undermine the rule of law.
A court is where citizens go to claim their rights and remedies for the damage caused to them. Such a principle is based on accelerating the functioning of the legal system and preserving the right of speedy trial of a citizen enshrined under Article 21 of the Indian Constitution.
Quoting then Chief Justice of India, Ranjan Gogoi highlighted, over 1000 cases are pending in the court for 50 years and more than 2 lakh cases for 25 years. It was stated that there are 90 lakh civil cases still waiting, of which 20 lakhs have not even received a summons.
According to the facts as of 15 September 2021, there were around 4.5 crore pending cases across all courts in India, primarily in district and subordinate courts. In 2019, there were 3.3 crore pending cases, indicating that India has gained 23 cases every minute over the last two years The Supreme Court of India had 71411 pending cases as of August 2, 2022, of which 15,076 were criminal cases and 56365 were civil cases. This is causing major complications. The concern is, how will we deal with our legal system’s ever-increasing backlog and give prompt justice to the average citizen?[6]
Aarushi Talwar Murder case[7]
Justice was pursued in this instance through all available channels. The event happened in May 2008, when the accused’s daughter was discovered dead in her bedroom with her throat slashed. The servant, whose body was also found on the terrace, was initially accused.
Based on circumstantial evidence, the lower court found the parents of Aarushi guilty in 2015 and sentenced them to life in prison. The parents were exonerated by the Allahabad High Court in 2017. The CBI filed an appeal against this decision in the High Court after missing the deadline for doing so. The Talwar’s have now been issued notice.
Who is the person guilty for this murder, and if the parents are, why haven’t they been brought to justice yet? The justice is delayed to infinite bounds[8].
Reason for state of poor legal justice in India:
Corruption: Like any other institution of the government, the Indian judicial system is equally corrupted. There is no system accountability. Without the Chief Justice of India’s consent, there is no provision for filing a FIR against a judge who accepts bribes.
Backlog of pending cases: Up to 30 million cases are currently outstanding in India’s court system, which has the greatest backlog in the entire world. The fact that this figure keeps rising demonstrates the inadequacies of the justice system. It has long been discussed to add more judges and courts, but implementation is never timely or up to par. The victims are the common or poor people, whereas the wealthy can afford to hire costly attorneys and influence the outcome of legal proceedings in their favor.
Lack of transparency: The lack of transparency in the Indian court system is another issue. The Right to Information (RTI) Act appears to be entirely outside the purview of the judicial system. As a result, crucial concerns like the standard of justice and accountability are not well understood in the way the judiciary operates.
Hardships of the under trials: The majority of the inmates are those who are awaiting trial and are detained in jails while their case is pending. The majority of the time, they end up serving longer sentences in prison than the actual sentence that would have been imposed on them had the case been determined promptly and, assuming a negative outcome, against them. Furthermore, the expenses and pain and agony of defending themselves in courts is worse than serving the actual sentence.
Illiteracy and a lack of legal knowledge: People in India are unaware that there are laws in place to protect their rights. Their exploitation and lack of access to the legal justice provided by several laws are frequently caused by their ignorance and lack of education[9].
India’s Justice Delivery System Needs Reform The Economic Survey 2018–19 offers the following recommendations for ensuring that justice is served as soon as possible:
- The judiciary’s number of working days will be increased. In order to resolve the pending cases as soon as possible.
- The court system needs to adopt and encourage technology. For instance, initiatives like the Judicial Data Grid and the e-Courts Mission Mode Project should be given more thought.
- To improve the efficiency of the judiciary, it also recommended hiring more judges.
- A vast amount of judicial infrastructure and space is required.[10]
Conclusion
The issue of injustice in the justice system is a complex and multifaceted challenge that requires a range of solutions. Addressing this challenge requires a multifaceted approach that involves reforms to the justice system, increased transparency and accountability, and greater access to justice for all individuals. By working together to address these challenges, we can help to ensure that the justice system is fair, equitable, and transparent, that all individuals are treated with dignity and respect, regardless of their background or circumstances. By continuing to push for reforms and advocating for greater transparency and accountability in the justice system, we can help to create a more just and equitable society, where all individuals are treated fairly and equitably.
[1] https://www.hrw.org/united-states/criminal-justice( visited on 2 august 2023)
[2] https://www.statista.com/topics/7601/indian-justice-system/( visited on 2 august 2023)
[3] https://www.123helpme.com/essay/Injustices-of-the-Justice-System-280800( visited on 3 august 2023)
[4] https://www.outlookindia.com/website/story/opinion-fault-lines-of-indias-criminal-justice-system-warning-bells-and-the-way-forward/353817( visited on 4 august 2023)
[5] https://www.jurisacademy.com/justice-delayed-justice-denied#:~:text=In%20a%20society%20where%20justice,if%20no%20justice%20is%20served.( visited on 4 august 2023)
[6] https://timesofindia.indiatimes.com/readersblog/lawpedia/judicial-delay-in-india-50731/( visited on 6 august 2023)
[7] Dr Rajesh Talwar and Another v Central Bureau of Investigation, 2013 (82) ACC 303
[8] https://legodesk.com/legopedia/justice-delayed-is-justice-denied/#:~:text=This%20phrase%20was%20coined%20by,which%20whatever%20happens%2C%20is%20useless.( visited on 6 august 2023)
[9] https://blog.forumias.com/answered-what-are-various-reasons-for-poor-state-of-legal-justice-in-india-give-some-solutions-to-make-justice-system-more-efficient/( visited on 6 august 2023)
[10] https://www.jurisacademy.com/justice-delayed-justice-denied#:~:text=In%20a%20society%20where%20justice,if%20no%20justice%20is%20served.( visited on 6 august 2023)
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