31 Mar Flaws in Indian Criminal Judicial System : An Analysis to reform it
Flaws in Indian Criminal Judicial System – Today Current Affairs
Context : India’s criminal justice regime is beset with problems which seem ingrained in not only the constitutive fabric of institutions, but also in the psyche of their functionaries.
There are many flaws in Indian criminal justice procedures which must be reformed to retain the credibility of Indian judicial system
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Introduction : The Indian Judicial system is one of the largest judicial systems of the world . But regarding criminal justice, we followed the same penal codes and procedure codes as formed during the British period . Therefore , recently it is observed that many flaws have emerged in the criminal judicial process and the surprising thing is that we are not willing to reform it . We have accommodated ourselves in such a flawed judicial system where the Judiciary is too far from the marginalized people , where the police are still working for the power of the government, where quick and easy dispense of justice is almost impossible . A just and coherent criminal justice system is an unrealistic expectation of the people. It is not our case that we must stop attempting to rid ourselves of such problems, but to ensure that our institutional responses reflect an acceptance of the depth of their roots.
Basic Problems of the Criminal judicial system of India : The Hindu Analysis
- There are crores of pending cases . Approximately 4.4 crore cases are pending before the judiciary. This is the biggest problem . It can be tackled by setting up new courts and with the appointments of new judges. A central level Judicial services may be considered in this regard. Today Current Affairs
- Present day justice mechanisms are too tough and it is completely far from the marginalized people . As Amartya Sen said, our justice system follows a transcendental institutionalist approach where the focus is on getting the institutional arrangements right without regard to the world that emerges from such arrangement. In such a world, where the focus has been upon institution building rather than capacity building, marginalization of vulnerable sections of society is inevitable. It can be resolved by providing quick and sufficient financial assistance to marginalized people. A trust coefficient for the Indian Judicial system among the marginalized and common people must be raised.
- One of the biggest problems of the Indian Criminal judicial system is the problem of abuse of power by the police. The police structure and the laws are of colonial period which were formed to strengthen colonialism but after the independence, minor change in Indian police system shows the inactivism of our lawmakers regarding the criminal Judicial system. In contrast, police are continuously acquiring more and more power on the grounds of prevention laws . Our stress on crime control values too promotes such abuse of power. There are several examples – like in the case of Ashish Mishira , an accused of murder of the farmers , several impose of UAPA, however nominal conviction rate . These things reduce the credibility of the police . Therefore , our government and civil societies should work together to reduce such anomalies. The Hindu Analysis
- There are many Diversionary principles in the treatment of offenders which have not been materialized . However there are several Law Commissions and committees which have recommended non-custodial measures of punishment of offenders, these are yet to be translated into practice. . Generally the Government thinks that custodial punishments are a more effective measure. However , instead of custodial punishment social and economical, restrictions may be another alternative. The Hindu Analysis
- There is the efficiency of the accurate data sponsored by the state . The National Crime Records Bureau’s data mark the extent of such data collection and analysis. But the procedure of method and collecting data can be criticized on multiple grounds . therefore an relieve institute must be setup in this regard
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Conclusion
As per the above discussion, it may be concluded that there are many flaws in the Indian Criminal judicial system which must be considered to reform rather than to accommodate with it. Intellectuals and the thinkers of India must raise this issue and pressurize our legislature to bring reforms in the Indian police structure and rule . On the grounds of prevention act , discretionary powers of the police must be stopped. Judiciary is the most important pillar of Indian democracy. Credibility of the judicial system must be experienced by the common people . for small political benefits the important pillar of democracy and the state (Justice) must not be influenced .
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Source : The Hindu (Editorial of 30th March)
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