Radical restructuring of judiciary requires people’s movement
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New Delhi: Forget that judicial system is not accessible to the vast majority of people in India, even worse is the fact that it is increasingly acquiring an elitist and anti-poor character.
The people of India must reinvent the judicial system. There is a need for a people friendly judiciary, which is simple enough to be accessed without the mediation of professional lawyers and must function in a participatory and transparent manner. The laws and procedures must be simplified, so as to enable a better understanding and improved access by a common man. The recently proposed Gram Nyayalayas (village courts) can be a step in the right direction. These were some of the conclusions drawn at the Second National Convention on the Judiciary and the Poor organised by Campaign for Judicial Accountability and Reforms (CJAR) held in New Delhi on February 23-24. The convention was attended by activists Aruna Roy, Nikhil Dey, Dunu Roy and Medha Patkar among others. The key-note address was delivered by writer Arundhati Roy and Justice Krishna Iyer sent out a recorded message. Judiciary’s anti-poor approach The judiciary of the country was not functioning as an instrument to provide justice to ordinary people, but appeared to be working in the interest of wealthy corporate groups, said the statement released by CJAR at a press conference after the convention. Senior lawyer Prashant Bhushan said: “The courts have often ordered the eviction of poor slum dwellers from their dwellings. This has been done sometimes on the grounds that they do not legally own the land, or that they are on the banks of environmentally sensitive Yamuna river, or on the Ridge. But when shopping malls come up on the ridge, or the powerful Akshardham temple comes up on the same banks of the river, all kinds of other flimsy excuses are trotted out to allow them.” The convention noted that courts in the recent past have also ordered removal of hawkers from the streets of several towns and rickshaw pullers in Delhi. Noting that: “These were actions, which even the governments dared not take because of their democratic accountability.” The credit of dismantling labour protection laws and ‘creatively reinterpreting’ them in favour of big business also goes to the judiciary. The statement said: “In one judgment, the Supreme Court has gone so far as to say that labour laws should be interpreted in line with the economic policies of the government! Thus, they have achieved for the government what it could not get done legislatively because of the lack of consensus in Parliament.” Lenient on wealthy and powerful Arundhati Roy said that despite the Tehelka expose on the involvement of several local leaders of a certain political party and its affiliates, where they openly confessed to their crimes in the Gujarat genocide of 2002, the Supreme Court refused to treat them as admissible evidence. Bail applications of the poor and the weak are often not heard for years, while those of the wealthy and powerful get immediate attention. “Even civil rights activists like Binayak Sen get hostile treatment from the courts and are denied bail, while smugglers and white collar racketeers are granted bail with alacrity,” the statement said. Prashant Bhushan was of the view that merely speeding up the judicial process would not make it an effective system of justice for the poor. “For that we need to reconstruct the entire system. Such radical restructuring of the judiciary, however, will need a powerful people’s movement in the country.” Adding: “Drastic surgery is required. The judiciary in the country needs to be reclaimed and reinvented by the people.” |
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"Law in the people's hands"Author:
Linus Snoopy
Time: 08.03.2008 19:31
Comment: This article by Mr. Negi is right on the spot. Since we want (democratic) power in the people's hands, why not legal power as well? 'Legal issues' has become a euphemism for covering up on large corporations and builders covering up on their misdeeds. It is good that activists like him are getting together and raising their voice to make the people's voice heard throughout the world. Let us hope that more and more shall listen to this sane and visionary voice.
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