India got independence on the midnight of the 15th of August 1947, when the last ship carrying British soldiers left for England. It became a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The constitution of India came into force on the 26th of January, 1950. A week from today, it would be 71 years the laws came into effect, yet, justice being served is sparsely seen.
Swarna, I met her the first time at the session court cafeteria. Her court papers flew for the wind, and I helped her segregate them. Along with her was her 15-year-old son. Unknowingly, my eyes noticed the start date of her case, and it was way back in 2003, a divorce petition. I couldn’t resist asking her if her case was pending for 15 years, for which she nodded with a “yes.” That must be the time her son was born, and it would have been very tough on her. Later, she told me that her husband left her when she was pregnant with her son, three years after their marriage. The only reason was that he didn’t want to live with her anymore. Swarna hasn’t had any support from her parents regarding this and finally had to go through the birthing process on her own self. I can hardly imagine what would have been her thoughts like. She must be a fierce soul to have lived and fought through this for 17 years now and still awaiting justice.
I wonder what the justice system wants to do? Is the purpose to serve justice, but how?
A young girl in her 20’s left alone by her husband has been waiting for justice for 17 years. She lived all those 17 years without support, a leaning shoulder, a person to rely on and share her sorrows with – a companion to be precise. Mentally, this can put anyone under tremendous stress. I dare to ask if the divorce was granted; maybe, she would have found someone who could have taken care of her and, the kid would have had a father. She wouldn’t have had to bear the insults she has endured. It is more respectful to state that one is divorced than separated. Is it the expectation of the honorable court that after 17 years of separation, the couple will lead a happy married life, if the divorce is not granted? It sounds too absurd.
A child (Swarna’s son), who had no mistake in this is suffering because of? One might say his father, but I would say the justice system has its part too. He has to undergo the trauma of doing the rounds of the court, along with his mother, gets to see his father at times who has no interest in accepting him. Apart from this in the mediocre society, he is a fatherless child and is bullied. A teenager who should be looking forward to his future is now very uncertain. Imagine filling up those educational applications where it says father’s name. It would have hurt him to the core. Does the child not have the right to a more secure future?
This is only one example, don’t be surprised to know that some people spend all the hard-earned money of their lifetime in anticipation of justice for decades and decades, and some leave this world before the verdict is released. Kudos to those who are staying put and have not given up. But, this brings us to a fundamental question. If justice is delayed this much, would people have faith in the justice system? If they lose such trust, the obvious is that they would take justice into their hands, which would lead to horrible consequences. Unfortunately, the loopholes in our justice system are already a significant reason why many resort to hideous crimes. The credibility of our Judiciary system is at stake. The two main reasons I feel are one, the ratio of people to judges, second, our inadequate laws.
The society is changing rapidly adapting to various reforms in many fields. Our laws cannot stay behind with respect to these fields. In fact, it is important that laws also evolve along with the advancements and changes in society. The fundamental right to life and liberty cannot be put to risk. We need justice and that justice should be served on time with a purpose to make someone’s life better and for a better society.
“Justice will not be served until those who are unaffected are as outraged as those who are.”