Justice For Jessica - II

In previous post I recounted the problems faced by justice delivery system, I also said a solution may be possible.

First I am not an expert on jurisprudence.

Now as I understand, the fundamental flaw with our system of law and order is that it was not meant for delivering justice. The British were interested only to the extent of maintaining order and suppressing any dissent. They did it by applying brute force. All the existing social institutions were discarded and an alien system forced upon. This achieved British purposes. However instead of establishing fair rule of law as a basic social value, it just legitimized the use of force in excess. Judiciary and Police were and remain symbol of authority and not of hope.
To a common Indian court means trouble, police means injustice. To change this situation both structure of judiciary as well as police has to be changed.

Let me state the basis for law and order enforcement in a democracy. When individuals decide to abide by rule of law, it is to ensure that all the rights (as established by the social norms) are protected. It is for this that social institutions (i.e. state, judiciary) wield authority and power, the power in effect restricts the freedom of individual. To prevent the abuse of the power, the power delegated to institutions should be limited. Also the redressal mechanism should be accessible to the humblest, and impervious to the manipulation or intimidation by the strong.


Therefore to reform police, its power and extent should be limited and well defined.
Also the corrective measure to any violation by police should be accessible as well as impervious to manipulation by force.

Judiciary should be accessible. All the causes which delay the delivery of the justice have to be identified and corrected. This means that Byzantine laws should be removed or simplified. The court procedures (for example summoning) should be reframed to reduce delays.

However there is a conundrum here, to uphold law we depend on police and judiciary, to ensure that they are effective they should be easily accessible. To ensure that power vested in authority is checked and doesn’t devolve into tyranny they should be at grass root level, however in that case they can be influenced and manipulated by vested interests (refer to this post by Atanu).

Even considering the shortcoming of the latter way, I prefer it. Ultimately it is responsibility of society to protect its members, a society which can not ensure this has no business to exist.
India has failed in this account. I am optimistic about India, but unless we restructure our institutions I will check my euphoria.

Meanwhile while V. S. Naipaul called India a million mutinies in happening, a million tyrannies will be appropriate as well.