Tag: justice

EQUALITY

Gender equality is a human right first and foremost. A woman has the right to live in dignity, free from hunger and fear. Women’s empowerment is also a critical strategy for achieving development and alleviating poverty. Women who are empowered increase the health and productivity of their families and communities, as well as the chances for future generations.

Discrimination against women and girls remains the most pervasive and persistent form of inequality, including gender-based violence, economic discrimination, reproductive health disparities, and harmful traditional practises. During and after humanitarian emergencies, particularly armed conflicts, women and girls face enormous hardship.

They typically have less access to medical care, property ownership, credit, training, and employment than men do. They are far less likely than men to be politically active and far more likely to be victims of domestic violence.

Equality between men and women exists when both sexes are able to share equally in the distribution of power and influence; have equal opportunities for financial independence through work or through setting up businesses; enjoy equal access to education and the opportunity to develop personal ambitions.

The first step towards women empowerment is educating a girl child. It is said that when you educate a woman, you educate the whole society. With good education, girls can get high paying jobs and consequently wage gaps could be lowered. Increased health awareness prevents early pregnancy and malnutrition. When women have more freedom, they can involve in unexplored areas like politics.

Justice delayed is Justice denied

“Justice delayed is justice denied” is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all.Today, it can take nearly 20 years if a case goes all the way from the subordinate court to the high court and then the Supreme Court. Twenty years means multiple generations of litigants, enormous cost and frustration — a case taking this long to be resolved is symptomatic of an inefficient and ineffective judicial system; any ‘justice’ delivered after a span of 20 years would be bereft of its true meaning. There are many problems that this process creates. First, judges, particularly those in the superior courts are dealing with cases from the previous decade and not today’s pressing issues. Second, the judiciary and the legal system at large, is inherently favouring the illegal actions of one party at the cost of violating the rights of the other. Further, a prolonged legal battle will have the effect of encouraging such illegal actions not only by the parties involved but across society, which in the long term lead to an erosion in the faith of people to get timely justice.

Justice is one of civilisation’s foundational goals. It is therefore imperative for the judiciary to perform its duty properly for any society to continue its pursuit of peace, harmony and progress. Unfortunately, the Indian judiciary, despite its many successes, suffers from severe structural problems that prevent it from functioning properly. The judiciary’s travails, specifically those relating to delays and backlog are well documented and don’t need repetition. However, it is only in the last few years that these structural problems have been better understood empirically thanks to the availability of better data.

It is now possible to assess, in a fairly detailed manner, the judiciary on parameters such as budgets, human resources, workload, diversity, infrastructure, and trends over the years. We can also accurately diagnose the pendency and backlog problem not only at district and taluka level but also at court complex levels.

We know, for example, that while pendency is a nationwide problem, it varies vastly from state to state, with the average pendency being anywhere in the range of two years to nine years in the district judiciary, as the India Justice Report 2019 reveals. We need to work on the problems that lead to delay on a daily basis, by increasing certainty of outcome in each hearing and avoiding burdening a judge in a manner that encourages adjournments. On an average, a district judge has about 50-60 cases listed before him each day. It is impossible to meaningfully hear such a high number of matters, and therefore at least 40 of these cases will be adjourned by the judge without any significant movement. This happens every day in each court across the country throughout the year. Naturally, there will be delay and backlogs at the end of the year. It is these daily problems that magnify over time and transform into structural problems crippling the functioning of the institution.

From a larger perspective, judicial delays also lead to uncertainty regarding laws and their application — the ongoing case in the Supreme Court regarding the application of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 and the determination of compensation thereunder has practically halted land acquisition litigation in the country. Cases related to land acquisition in the subordinate courts remain pending for six years on average and are a category of cases that take the most time to be resolved in court.

How then must the judiciary proceed to ameliorate the effects of delay? Foremost would be to efficiently manage judicial time. Listing an optimal number of cases to be heard on a daily basis is vital to ensuring that judicial time is not spent on unnecessary adjournments and that lawyers are prepared for their cases knowing that they will be heard with certainty. Courts must work towards better case management frameworks to ensure that cases are scientifically listed taking into consideration the stage of the cases and the amount of time they would require to be heard. The Delhi high court recently took the lead on this through a pilot project in the district judiciary; the results of the project show that it is possible to decide cases in a short time frame with better case and judicial time management.

A critical reform required is the need to appoint a full-time judicial administration cadre. Internationally, judicial administration is seen as being ancillary to the work of judges and is carried out by dedicated and specialised personnel to help judges efficiently perform their judicial duties. The establishment of a dedicated and trained cadre to provide support to the judiciary through case management, assistance with budgeting, handling administrative tasks, and ensuring maintenance of court infrastructure will go a long way in enabling the judiciary to focus on the administration of justice. Currently, judicial administration is essentially managed by judges themselves. This is not only unsustainable, but also unfair to judges whose primary skill and responsibility is to decide cases.

The most critical mantra is to embrace technology with vigour. Many of our court rules and processes were conceived of in the 19th century and need a thorough overhaul as they have become a hindrance to the delivery of justice. We should change these processes to meet today’s societal realities, particularly to harness technology in the better delivery of justice.

What is Social Justice?

Social Justice is a word that we hear a lot on public platforms and in the media these days. The idea of justice encompasses notions like equity, fairness, getting what one deserves, and the absence of bias. It is a fundamental element for the proper and ethical functioning of any civilization or society. A society that is lacking in justice and does not seek to amend for this lack will be marked by discrimination, violence, and a loss of the recognition of the intrinsic value of life. It is fundamental to our existence as human beings and necessary for the harmonious co-existence of diversities.

The United Nations’ definition of social justice is as follows: “Social justice may be broadly understood as the fair and compassionate distribution of the fruits of economic growth.” The US Centre for Economic and Social Justice defines it as thus: “Social justice encompasses economic justice. Social justice is the virtue that guides us in creating those organized human interactions we call institutions. In turn, social institutions, when justly organized, provide us with access to what is good for the person, both individually and in our associations with others. Social justice also imposes on each of us a personal responsibility to work with others to design and continually perfect our institutions as tools for personal and social development.” The concept of Social Justice arose in the 19th century during the industrial revolution in Europe. The industrial revolution saw the emergence of Capitalism which thrived on exploitation and cheap labour. Concepts of social justice were brought forward to remedy the injustices that were being thus perpetuated in society. However, today we use the term to not only signify disparities in economic situations but also various other social injustices and discriminations. These could be related to gender, caste, race, ethnicity, religion, disability, or anything else that becomes a means by which negative differentiation comes about in society.

Social justice has become an umbrella term under which various struggles and fights against societal inequalities take place. It is intrinsically connected to human rights and operates under the assumption that all individuals are equal and have the right to enjoy equal access to health, justice, societal privileges, etc irrespective of the background or culture that they come from. It is employed to fight systemic injustices manifested in political, economic, and legal structures. Equality can be achieved through protests which are to lead to changes in policy. It is also supportive of affirmative action that allows groups that have been marginalized and oppressed over centuries to be given compensatory benefits. This is to ensure that they are able to move ahead and be on par with their peers in the long run, while also not being victimized by any oppressor. It stands for political representation and equity in all spheres of life.

Social justice should be the concern of every honest individual in society who cares about his fellow being. Those who fight for social justice are to understand the deeply rooted inequities in society and call them out, working towards better policies and laws. But it also involves changing mindsets, unlearning privileges, breaking apart structures of thought, opening up spaces. Recognizing privileges and being allies to those who have been subjugated by powers and thereby forced into a life of heightened oppression and lesser opportunities is absolutely necessary at this juncture in history. We have come a long way and won many battles against societal evils but there are more that need to be fought, and there is always more that we can do for others.

The Evil of Human Trafficking

One of the greatest evils that we face in the 21st century is the phenomenon of Human Trafficking. It is considered to be modern-day slavery with around 24.9 million victims trapped in it. According to a 2017 report by the International Labor Organization (ILO) and Walk Free Foundation, of the 24.9 million victims caught in trafficking rackets, around 64% were exploited for labour (16 million people), 19% exploited sexually (4.8 million), and 17% exploited in state-imposed labor (4.1 million). According to the United Nations Office on Drugs and Crime, ‘Human Trafficking’ is defined as, “The Act of recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.” More than half of the victims are women, another 20% are men, and the rest are children. Victims are either abducted, threatened or forced, or they or someone in charge of them is promised money and other material benefits. Many people get trapped in trafficking units since they are promised a job offer and an escape from their poverty, inability to provide for themselves, and their vulnerability. But they find that they have been tricked once they follow through the offer and then are unable to get out, usually isolated from their culture and unable to contact anyone they know.

close up photo of padlock hanging on chain link fence
Photo by William Eickler on Pexels.com

Human trafficking can be transnational, which means that the victims are sent abroad to the place where they are exploited, or it could even be domestic, where the victims are not forced to travel as much but still exploited within their own country or community. Those who organize and execute such trafficking chains make huge amounts of money from these exploits of dehumanization which is one reason why it continues to grow. And most often, these people are never caught and get away with the illegal exploitation of thousands of people. The seemingly lax methods by which prosecution of traffickers are done and the fact that most of them never face any punishment or consequences are appalling and point to a need for more stringency in our systems of law. The fact that this is an exponentially growing industry in an age when we claim ourselves to be more civilized than ever before points to an ethical hollowness underneath our many jargons of progress.

Trafficking being such a pervasive global phenomenon means that you will probably come across a trafficker or a victim in your life. It is the need of the hour that we know how to respond to situations of crisis as well as be knowledgeable about these issues. Here are some practical things that can be done to fight human trafficking:

  • Advocate for better laws and swifter actions on traffickers. Try to highlight the gravity of the issue in any way you can. Work with organizations that support this cause (like International Justice Mission, Apne Aap, Hope for Justice, Oasis India, Stop the traffik)
  • Spread awareness about trafficking. Be informed and encourage others to do the same. Discourage people from accepting job offers whose sources seem obscure and unverifiable.
  • Support organizations working towards finding and freeing those caught in trafficking. Ensure that these victims are protected and able to provide for themselves once they are back. Give them jobs and means to build a life, actively work against any stigma that may be surrounding them. Be considerate of their mental health since many of them will be severely traumatized by their experiences.
  • Learn to identify signs that an individual might be in distress, particularly while traveling or in public spaces. A few of the things we can do is to look for signs of abuse or injury, if they are avoiding eye contact with most people, if they seem anxious about security checks or of anyone who approaches them, if they seem malnourished and uncomfortable but remains silent.

Human trafficking can be fought on multiple levels but it will only end when the masses are freed and the traffickers are vanquished. For that, we have to do much more than wheat we are doing now. We need to realize the importance of the issue and take it up on a global level, and we need to stop being silent on these issues by assuming that it will never happen to us. The day we stop being complicit to these acts by our silence will be the day change will begin.

 

When the Police take matters into their hands…

Police Cars in India (List of all Indian Cop Cars)

On July 10, the Vikas Dubey was killed in an encounter while he was being taken to Kanpur in the custody of UP Special Task Force. The gangster was arrested at a temple in Ujjain just a day before for murder of as many as 8 policemen. To describe the incident, the car which was taking the accused to Kanpur got overturned and Dubey seized the opportunity by snatching the gun from a policeman who was injured in the accident. Afterwards, the man tried to flee but he was killed from the shots fired by the police in retaliation.

The whole story sounds a scene from the movie Singham in which a group of cops can’t stand the injustice anymore and take matters into their hands to bring a politically powerful organisation of gangsters down with the aid of fake encounters. When a person with a criminal record or a terrorist is killed by the police or armed forces without any trial but in self-defence, it is known as encounter killing. Such killing can also be part of a set up in which the police makes it seem like they were helpless and the life of the criminal was compromised in turn.

Something similar happened in Hyderabad in December 2019. Four men who were suspected of raping and killing a female vet were shot dead when they were being taken to the crime scene. The narrative goes like this – the four men had made an attempt to escape by attacking the ten officers that they were in the custody of and not only did they throw stones and sticks but also stole the officers’ gun. The police tried to make them surrender until they were finally killed in retaliatory firing. Justice was served and the police were appreciated for doing their job by the public.

But is it actually the police’s job to do justice or the court’s? The police are only supposed to catch the criminals and present them in court for trial. It is the court’s job to decide whether a criminal gets imprisoned for life, hanged or even figure out whether the accused is guilty and not the police’s. There have been several cases in which the police picks up the wrong person and sometimes they do it deliberately in order to calm the public rage or hide its very incompetence. Innocent people, usually from poor or minority section of the society, are dragged into jail so that the police can protect their image and become a hero in the public’s eyes.

Are the stories of police acting out and killing the suspects or murderers in defense even plausible? The fact that people were even able to get away from the police, let alone steal their guns and the police were not able to stop them. Law enforcement in this country has become more about revenge than justice. It is strange how the accused in so many major cases manage to escape from a large group of policeman and firearms always end up in the hands of arrested persons. An Encounter happens and whether it is real or staged, is subjective. How does police expect people to believe that such encounters are not fake? Because if it wasn’t, then it really says a lot about the competency of the officers assigned to such cases.