It is said that law is blind but in India, it appears, that it is colour blind. It recognises only black silk gowns and nothing else. There are any number of obstacles in the way of the common citizen seeking justice which can be removed by giving some thought to the spirit and not the technicalities of the law, writes Prof. H C Pande
The opening sentence of the preamble of the Constitution of India states
‘We, the people of India having solemnly resolved to constitute India into a sovereign democratic republic and to secure to all its citizens : Justice,..etc.’, and, the common citizen, it appears, gets fooled at the outset itself. First of all, ‘We’ and ‘the people’ are. not one and the same thing, for the dispensation of justice.
‘We’ are those with the right connections, and, deep pockets, who can avail the services of the ultra expensive, black silk gowned, Legal Eagles, whose very presence in the Court seems to overawe the Judges and practically ensures victory. Apparently the weight of their personality and connections, rather than the weight of their arguments is what matters. ‘the people’, being clad in dhotis or lungis, do not have any pockets at all, deep or otherwise, and, possibly, the only connection they can boast of is the domestic electrical connection, courtesy, the Electricity Board.
For the majority of the people legal proceedings are like a game of football with their cases being kicked around, here and there, in smaller & bigger fields, and seldom beating
the goal posts. No wonder that, on one hand, ‘the people’ get their cases kicked from date to date, and, from court to court, with no justice in sight, and, on the other hand, the Silk Gowns score a goal for ‘we’ by their mere presence in every Court arena.
The backlog of 4 crore cases pending in the law courts, is a shame for any self-respecting legal system in the world but then shame is a rare and vanishing human trait in the country. The reasons for this accumulation, of cases to be admitted, of cases to be heard, and of cases being heard, could be many fold but primarily it is inaction amounting to serious non-seriousness, at the judiciary and the government levels. The legal fraternity as well as the people in general are responsible too as they only criticise and shout about the sloth in the system but do not outline the required reforms and exert concerted, continuous pressure to bring about the necessary changes.
When there are vacancies on the Benches in the various courts why these are not being filled up? Why any number of dates are being be allowed for the hearings? Why there should not be a time norm for the disposal of cases filed? Why the cases are not admitted as per the queue,and short-cuts are opened up for famous or infamous Barristers?
It is said that law is blind but in India, it appears, that it is colour blind. It recognises only black silk gowns and nothing else. There are any number of obstacles in the way of the common citizen seeking justice which can be removed by giving some thought to the spirit and not the technicalities of the law.
However the judiciary keeps it’s eyes closed,the legislature keeps its ears plugged,and,the people refuse to holler.In this blind,deaf,and dumb situation the Court-Jesters are having a field day,enacting a comedy for deep-pockets but sadly,a tragedy for justice.
(Prof. H C Pande is Vice Chancellor Emeritus , BITS, Mesra)
