The 4 senior most judges of the Supreme Court of India chose to move the court of the Indian people through a press conference two days ago to voice their dissatisfaction with the Chief Justice Of India and his style of allocating cases of sensitive nature to select judges junior to them. They claim that the judges are equal and the CJI is only the First among equals. Surprisingly the same judges don’t treat other judges as their equals! This is rather strange. Stranger still is to call some cases as sensitive. It is the highest court of the country and if a case reaches it, by any measure it is sensitive and important. How can senior judges claim any right to decide such cases? This unethical practice of getting posted to positions of power and illegal gratification (euphemism for bribe) ruined the civil administration in India after return of Indira Gandhi as the Prime Minister in 1980. The bureaucracy was tamed into submissiuon resulting in monumental scams in 10 years of Congress led UPA-I & II (2004-2014). Do the judges of the supreme court seek such power?
As they held a press conference and left it for the people of India to do them justice, here are certain observations from an ordinary Indian, which the judges will not take amiss.
The 4 judges of the supreme court seem to be living under the illusion that India continues to be under the British rule even today. In their letter they invoke & emphasise the “Anglo-saxion jurisprudence and practice”. India has made tremendous advancements since then, including administration of Law.
First & foremost it has adopted Yato Dharma Tato Jaya and Satyamev Jayate. These doctrines are far superior to the Anglo-saxion jurisprudence. Had the judges practiced these principles, they would not have indulged in dishing out unacceptable lies.
Unfortunately for us, the people of India, the framers of the constitution retained a shadow of the British Raj by mandating English as the sole language of the judiciary under Article 348. The anglo-saxion jurisprudence is something the “masters” imposed on their “servants”. It is very easy for an outsider to pronounce judgement on any subject which is in direct conflict with values or needs or cultural sensitivities of the masses of India, rubbishing the views of the people at large.
Because of this gap between the people and the rulers, injustice is done under the mistaken belief of justice. So long the monopoly of the alien language English continues, people will suffer terrible injustice and even pay heavy cost for seeking justice.
Why should a teenage girl prove it in court that she was raped? By Indian values, it was rare for a girl to allege rape because children were taught to tell the truth and no lies till the British and their jurisprudence compelled people to tell only lie.
It was only to rule the Indians with a heavy hand they created a system of administration of justice which created layers of unnecessary and most unproductive but costly layers of lawyers, Notaries, Oath Commissioners, lower judiciary, higher judiciary and the Privy Council (Supreme Court now).
This system doubts the integrity of even a judge because the judgement is turned upside down in appeal several times!
On the one hand India is called a poor country but on the other litigation costs so heavy. Cases keep travelling from court to court, state to state and authority to authority without any final outcome even after 10 or more years.
The wastage of paper in typing case books is criminal because the root of the deficiency lies in the anglo-saxion jurisprudence and its practicing procedures.
India needs immediate rectification of this alien justice delivery system.
The anglo-saxion jurisprudence can’t even accommodate the several liberal laws legislated by India since 1947. The NJAC is a case in point. There is no provision for the Collegium. Rather, the framers of the constitution had cast the responsibility to devise a mechanism for appointment of judges on the parliament. The parliament unanimously passed the necessary law. The Supreme Court quashed it without genuine justification excepting that it didn’t want to lose monopoly over appointments!
Why should our judges carry the mental burden of an inadequate remedy? The anglo-saxion architecture promotes disputes which end in wars, whereas the Indian idea of justice establishes peace.
Justice is justice if it satisfies everyone. It is possible if the people have a good sense of justice. The people have a fair idea of what justice is by way of instructions imparted right from the childhood about “Don’ts & Dos”, right & wrong. It becomes a part of their personality, constituting patterns of conduct in family, social, political and business matters.
Contrasted to it is the anglo-saxion doctrine, which says lack of knowledge of law is no defence. Unless the people know what is the law, they will be ignorant of it and their actions done in good faith will also fall foul of law.
The people are generally aware of the Dos & Don’ts in society but they don’t know the implementation procedures. It is how the law in India is implemented which is the cause of public discontent and huge pendency of cases in the courts.
It is the fallacy of construction and misconstruction placed by different courts on the same text in the law which has caused immense harm to society in general and the person concerned in particular.
It makes the difference between life and death for the parties concerned as the alien jurisprudence, having no relevance to India, in a language that nobody understands fully without referring to dictionaries to find the most appropriate meaning or connotation or interpretation ends up handing out injustice to the seeker of justice.
We need to simplify the law- civil, criminal, mercantile etc.- and the procedure in the interests of delivery of justice.
The country has experimented with the novel method of functioning of the government by way of “Sarkar Aap Ke Dwar (Government at your doorstep)”. Can’t the judiciary adopt it and reach out to the seekers of justice instead of making them run around to the courts?
Why should there be any fee for justice when the people pay direct and indirect taxes to run the institution of judiciary?
It is the anglo-saxion business model, working almost like legalised organised corruption, where everyone in the gravy train needs to be paid before the matures to the day of the judgement. There is no guarantee even after such a long journey that the court orders will be executed!
The central point in our system of administration of justice has to be the Nyaya Panchayat, where the first congregations of the local wise first need be approached with an oral prayer in matters of dispute. It is the open court of the Nyaya Panchayat which will hear the petitioner and the defence and decide the case.
More than 75% cases will be resolved amicably as there is no scope of telling lies as is the case with the anglo-saxion model of dispensation of justice in India.
For select cases of international disputes, they can be heard and decided by a new model of courts of high standards as the HC & SC.
If legal reforms take place early, no Mallya will run away after stealing 9000 crores of public money and enjoy the protection of the courts run on the anglo-saxion method in Britain.
Our judges have erred by ignoring the Indian values by quarrelling in public only to further their personal interests at the cost of public interest.
A few instances need to be referred to about the contrast between the anglo-saxion justice delivery system and an Indian system.
The kind of lies tutored to the litigants in a divorce case will shame and astound the Devil because they are manufactures of a mind seeped deep into the anglo-saxion procedures. Why should the wife or husband tell lies for getting divorce? It is necessary for victory in the battle between the husband and the wife! Strange is the anglo-saxion justice system! So, it is not truth that wins in a divorce case but the effectiveness of the lies uttered. I won’t call it justice.
The same applies to millions of civil, criminal and merchant law suits. We saw this costly drama of the anglo-saxion jurisprudence and its procedure in the 2G scam case where the judgement took more than 5 long years of perhaps daily hearings. It took the anglo-saxion system so much and so long to pronounce that there was really no such scam or that the prosecution failed to prove it with evidence! Murgi ki jaan gayi, khaanewaale ko mazaa nahi aayaa (meaning the poor hen lost its life , but the diner didn’t enjoy it).
Why should lies help them through the process? Is there no premium on truth in such personal matters?
The coaching in lies has robbed us of innocence. It is more hurtful when children below age 5 years don’t respond to smile or talk to even their family friends because parents make them smart at the tender age of 3 or more.
The world is suffering the consequences of climate change brought about by pollution caused primarily by colonialism, which triggered industrial revolution and relentless greed. The situation may worsen in the coming years.
It is all due to anglo-saxion jurisprudence. Now compare it with the Indian laws of treating Nature and the entire creation. For us rivers are Holy. We have raised their status to Goddesses.
The misguided minds will quickly jump to call it Hinduism and make its practitioners feel guilty when they dismiss it as Hindutva!. Indians don’t encourage felling green trees generally, but some species in particular. Both are founded on sound scientific studies of the environment and man’s responsibility to its protection, growth & preservation. No amount of policing can stop destruction of rivers, streams, lakes, ponds or forests unless each person takes the responsibility not to harm them.
That level of sensitisation can only be achieved by making them pious objects worthy of our worship, and not sheer penalties under the anglo-saxion jurisprudence.
Indian treatises were written centuries before the birth of Christ or the Prophet. These are great books of knowledge. They comprise the richest treasures of human race by humans and for humans as well as the whole creation. If that knowledge has come from the Hindu tradition, there is no reason to discard it on that count. The best content and practices from every society need to be adopted smoothly.
Just take into consideration the cost of litigation in these matters in terms of money, time and manpower and one can’t help being horrified. Why should India get stuck up with only the anglo-saxion jurisprudence? Why can’t we devise our own more respectable processes at almost nil cost which satisfy all needs? We, Indians, need to think seriously.
And our angry judges need not harp on conventions, practices and procedures borrowed from anglo-saxion sources of snail mail speed in the age of Instagram, e-mail and internet. They need to make peace without losing another moment.