THREAT TO JUSTICE
This week is the significant week for India. Throughout, the whole week India witnessed three magnificent judgment followed by unconstitutionality of triple divorce, Right to Privacy considered as fundamental right and Guru Ram Rahim held guilty of rape charges. Through these judgments judiciary proved that in this democratic country everyone is equal in eyes of law and justice is fair with all. Apart from this the judiciary also proved that it is not under pressure of any kind while adjudicating a matter.
We all witnessed that what followers of Ram Rahim is doing in our country. What happening inside the country lays down several questions before us. Question regarding intention of the concern government, question regarding responsibility of citizens, question that in such circumstances can we expect that someone will show courage to fought a legal battle if some injustice is done with him or her. Can a girl show the courage in future to go against this kind of people? Can they show the courage to go against the blind belief?
- The Role of Government
In this whole incident one thing is prime facie that it is the government who completely fails to tackle down the situation. The word failure is wrong to use because herein this whole incident it is the state government of Haryana which even does not take action. So failure comes when you take action but here the government does not find it appropriate to take any action. Everyone staying in the country anticipated that people gathered there will definitely do something wrong. But the government fails to anticipate same. The CM on one hand appeals people to maintain silence and on the other hand left them to gather there. The people gathered there even arrange the weapons and the government was sleeping. The major fact is all happens when the police force, Para military forces and army was there. It is beyond the level of understanding that why the government doesn’t use these security personnel against the people gathered there. The heart breaking thing is the statements passed by the ministers now. First they don’t take action and now connecting the matter with religion and blaming the judicial system. What message they trying to give? Alas, our politicians have sympathy for the rapist, they stood with him but they have no words to say about the rape victims of this case. Till now no political leader came forward to sympathies the victims. This shows the mirror to society that our leaders have time to speak for hours and hours on matters where they see some political benefit. But when they judge that speaking on this matter might adversely affect to their vote bank they run from speaking.
- Role of Citizens
The behavior of people in this case made the two courts. The one which sits and decides the matter inside the four walls applying all principles of fair justice and the other which run outside the four walls, which doesn’t want to see another face of coin. The citizens take this matter as religion v. judiciary whereas there was nothing like judiciary v. religion in this case. No religion allows anyone to harass a girl, no religion accords to rape a woman or to do an act which is contrary to both morality as well as the law. The act of people after the decision of court seriously raises question on our image that what we want? On one side we gathered and demand capital punishment for a rapist and on other hand we destroy state property as well as kill persons to protect a rapist. The person might be god for people but if the god does such immoral act then a god is also to be made liable. We can trace lots of incidents in Indian mythology where the god himself punished for immoral acts.
- The Role of Executive
In India, effectiveness of a decision depends upon three tiers i.e. Executive, Legislative and Judiciary. It is the independency of these three organs which make India a strong democracy in the world. We have to understand that these organs are tied with a thread where the effectiveness of one organ depends upon the other organ. In case of Ram Rahim the legislative has no role while the judiciary discharges its duty in a well effective manner. It is to be appreciated that the judiciary without taking any pressure of crowd delivered a judgment. But the role of executive is in a big question. There is no contrary view on the fact that executive machinery fails in every aspect. Despite of imposition of 144 CrPC thousands of people gathered and the machinery doesn’t take any action. People collected weapons and the machinery has no knowledge about these weapons. This situation arises when the artillery forces were there. Executive has all means to tackle with the circumstances which arise within state. DGP Haryana police in his statement said that when we searched we didn’t find any weapon with the peoples gathered. The question is if these people have no weapon at time of search then from where they arrange these deadly weapons in one night. What the Intelligence Bureau was doing when they were gathering these weapons. After the whole scenario one thing is clear that either the state bodies have knowledge about the whole and they don’t act after having all knowledge or they act negligently in the whole case. But the fact which remains is that the executive machinery completely fails to tackle the situation and it’s because of their default the whole happens. Sadistic part is executive don’t wake even after the call from the Punjab and Haryana high court.
- Who will Pay Damages
The high court in this case came with a strong decision. The high court in its decision said that all losses will be compensated by Dera. For this purpose the evaluation of property of Dera is also going on. CM Haryana came with statement that state will compensate all losses. Now, the question is who will compensate for the losses occurred. It’s the state which should compensate or it is the Dera which should compensate?. In this respective the words of Supreme Court is of worth. The bench headed by CJI J.S. Khehar on dated February 24, 2017 expressed their concern on increasing number of agitations in the country in which public property is destroyed. The court observed that it’s the protestors who are to be made liable to pay damages for the loss of nation’s assets. So, the question is valuable that who will pay for damages. State or Protestors. Well on this view there might be have several contradictions and same is subject to a larger discussion. Till now the situation is that the state compensate for damages occurred during agitations. But it is the demand of time now to shift this burden from state’s shoulder to the shoulders of protestors’. The state has no income in its own. The income of state is the collection which it made from the citizens. So it is a wrong practice to use the collection for compensation of an act which was although done by a large number of people but not by the whole. The income of state has portion of all citizens therefore it is to be used only for the larger public benefit and not for compensating the damages of such incidents where the state has no role.
CONCLUSION
The life of every person undergoes with several phases. In every phase of his life he needs a support. When he is a kid he need support from his parents, then in his young age he need support of his partner and finally when he reaches to the last phase i.e. the old age he needs support from his children. If we talk about a girl then at her child age she has faith on her parents and after that on her husband. If at child age her parents revoke the parental security or after marriage her husband withdraws his parental security then the life of a girl is subject to suffer huge misbalances. Although today many of female are independent but the majority still live a life under the custody of their husband. A female is bound to does the act forced by her parents or her husband. Majority of statistics shows that a female chose her life partner which was chosen by her parents. Majority of female does the act after the consent from their husband. She doesn’t have any will when it comes to such major decision. This shows the dependency of female on parents and their husband. Now, imagine the situation where the parents or husband of a female blindly trust on Baba. They surrender their daughter or wife to these Baba in the pursuance of the blind faith they have on these Baba. And the Baba commits immoral acts with these females. What option is left with them? Where they will complain? Parents or husband is not going to trust on allegation made by them or if they trust on allegation they will force them not to go against their Baba and left them to face what they were facing. It is because of this thousand of female cannot able to show courage to go against these Baba. Hardly, one or two show courage to fight the legal battle and seek for justice. Few of brave one drag them to the court of justice. They have to go with the dilemma of complete hate. Now, once they drag them they lose their parental guardianship. So here generates guardianship of state. A state as a guardian of the victim if will behave in this manner then who will came forward to complain against such people. Just because you will lose your political support you left the victims to suffer and the accused to enjoy. To win general assembly election you stood in support of a person who is alleged of such offence. The question which is before us now is that who under such circumstances when your government is in support of accused, your state machinery tries to manipulate the situation will come forward asking for justice. The whole scenario shakes the mind that up to what extent a person can play with state machinery and up to what extent he make difficult to get justice. This situation is a call for nation to come with a policy where the state machineries act in a fair manner and doesn’t become puppet in hands of these kind of accused.
By SANDEEEP