Tuesday, September 02, 2008

'Law't to ponder over..

The law isn't justice. It's a very imperfect mechanism. If you press exactly the right buttons and are also lucky, justice may show up in the answer. A mechanism is all the law was ever intended to be. Raymond Chandler (1888-1959) U.S. writer of detective fiction.
My blog’s new theme is reminiscent of my opinion about the judicial system in India, Blank and White. I have been yearning to write about this topic which I feel has always troubled, after puzzling me. This is supposed to be a voice for my opinions on the legal system in India, the people and a few cases which I’ve noticed in the recent past. I google for the exact meaning of three terms which are interweaved into one another , and I find these.
Law : 1.the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.
Judiciary :
1. the judicial branch of government.
2. the system of courts of justice in a country.

Court :
a. A person or body of persons whose task is to hear and submit a decision on cases at law.
b. The building, hall, or room in which such cases are heard and determined.
c. The regular session of a judicial assembly.
Indian legal system has a single judiciary with three divisions, the district courts, the high court and the Supreme Court, the last one being at the helm and having the powers of the apex court. The ‘Sovereign Democratic Republic’ we are, as per the preamble of the constitution, it called for a need to align the judicial system into a bouquet of courts so as to ensure justice at any step of the hearing of a case. Though we have a federal system and existence of Central Acts and State Acts in their respective spheres, the constitution had generally provided for a single integrated system of Courts to administer both Union and State laws. Laws are again of various types such as criminal, administrative, constitutional, labour, marriage, property, cyber and more recently corporate. Let me not go into the details of them, but my area of concern is more towards the criminal laws and cases related to them.
The ‘system’ in India, as it is popularly known as, has off late been known for its ‘pro-politician’ nature and ‘anti-common man’ mentality. Siddharth in RDB says, “Yahan pe kuch bhi nahin badalne wala hai “. Such is the confidence of the common man in the Indian judicial system is that, courts are now a days known to be tangled and the verdicts given in major cases are almost always questioned in the higher court, or are influenced by men in power and money in their purses. Here are a few cases in the recent past that have been notable for their introduction of the phenomenon of “Trial by Media” in India.

Nitish Katara
Priyadarshini Mattoo
Jessica Lall
Arushi Talwar

2 comments:

Anonymous said...

quite an interesting read!! :)
waiting for its continuation...

Anonymous said...

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