In the bustling world of Over-The-Top (OTT) platforms, algorithms meticulously curate our viewing experiences, tailoring movie suggestions to our preferences. I like watching legal dramas and shows about courtroom battles and complex cases some of which are based on real events while others inspired. I am writing this blog because these stories are not just entertainment, they reflect dilemmas, injustices and triumphs we encounter in our daily lives.
In the discourse surrounding India’s most pressing challenges, opinion vary widely. Some argue that our ever growing population tops the list, while others point to education as the cornerstone upon which the country’s future should be built. After working for more than 33 years, I believe that for big changes to happen in India we really need a better court system that solves cases faster.
Impact of Backlog and Strategic Delays
When I looked at the data from a Google search, it revealed some eye-opening information about our legal system. There are over 50 million pending cases in various courts, which raises a question: Are we too quick to go to court? Or are our courts too slow? Do we have enough judges and the required infrastructure?
The search also brought to light that out of these cases, around 169,000 odd cases have been stuck in courts for decades. The ramifications of this backlog are multifaceted, impacting everything from the ease of doing business, to investor confidence and the preservation of civil liberties.
Unfortunately, the delays in court cases and judgements benefit some people strategically. They use prolonged legal battles to their advantage, knowing that the process in reaching a decision, especially with numerous appeals, can take many years. This intentional manipulation of the system discourages those with fewer resources from seeking justice, causing many to accept their circumstances.
Justice and Law
While law consist of specific rules and procedures designed to protect the rights of individuals, justice is a concept that is often used to describe what is fair and right.
It seems, there is no one definition of justice. For instance, consider the question for appropriate punishment for murder. While the law provides for both death and life imprisonment, the question remains – should the punishment be death, life imprisonment, or something else according to ones opinion? Different people hold varying views on what constitutes justice. Furthermore, when faced with such circumstances personally, do we maintain the same stance? We might advocate for life imprisonment as a state should not kill, yet when, God forbid, we might get personally affected, does our desire for retribution lead us to reconsider our position?
Justice vs Law
When we find ourselves embroiled in legal battles, where victory seems plausible through legal technicalities, we champion for the law to prevail. This dichotomy raised a profound question: Are justice and law the same or do they diverge down different paths in pursuit of truth and fairness? Is law merely a tool to achieve justice?
Hon’ble Chief Justice of India, Justice D Y Chandrachud said “Dignity and rights of individuals cannot be based on algorithms or probabilities.”
Consider cases where the public outcry is for justice, while the defence meticulously searches for legal loopholes. Both the prosecution and the defence wants to win, at any cost. This scenario amplifies the debate and makes us wonder about the true essence of justice and law. It prompts us to delve deeper into what lengths we would go to emerge victorious.
In a world governed by the phrases “Do whatever you must to win” or “everything is fair in love and war,” or the formula of “sam, dam, dand, bhed” (reason, bribe, punish, divide), one ponders where justice fits in this scheme and how the law is interpreted and applied.
The relentless pursuit of winning, fostered from school to professional life, whether in politics or sports, seem to have reshaped our life’s ideals and morals. The ideology that one must win for another to lose has pervaded every aspect of our lives, pushing us to fight at every trigger.
In my upcoming book “Overflow: Live The Life You Want,” I write about the 3Cs for success – Contacts, Contracts and Correspondence. However, in a ruthless quest for victory, do these 3Cs morph into Convince, Confuse and Corrupt? This leads us to wonder if the fault lies with the past for setting such precedents, the present for perpetuating them, or the fear of an uncertain future or societal biases.
The Path Forward?
The reconciliation of law and justice might only be realised through introspection and a dialogue with one’s conscience. Perhaps, understanding that the essence of life and the foundation of a just society lie in the selfless acts and the courage to uphold truth and integrity, irrespective of the personal cost, could be the first step towards merging the paths of law and justice.
One must ponder: Can Law and Justice merge into a singular pursuit? This question remains open-ended, inviting readers, policymakers, and philosophers alike to explore and contribute to a more equitable future.
Benjamin Franklin said “Justice will not be served until those who are unaffected are as outraged as those who are.”