Sunday, February 26, 2006

Justice Sys. & Punishment in India

This topic is to be highlighted and what I will say is nothing new. Everyone knows this and the amazing thing is that the Justice system in India really sucks. Cases go on for years. In India, the law courts are kept slightly different from the police so that corruption might not infiltrate it. But the funny thing is that the Police has the power to manipulate with the evidence being presented in the court and also the accused will be in their possession until presented before the court. So one can imagine the treatment given to the accused when he is with the Police. Royal treatment to those who have money and power while the one who is innocent but without any such facilities to offer can be treated to 3rd degree torture which can make any human accept any kind of accusation that he might have not committed.

This is not a fairytale story but done in reality. One such case currently being talked about is the Jessica Lal case in which their are witnesses but still after 7 years of the case being in the court, the accused have been set free. In the justice system, they say it is better to let go 100 criminals so that no innocents are sent to jail. But it is very easy to say that the vice-versa can be seen where criminals are set free while innocents are put in the jail. The justice system is really weak. Worst is the punishments that are set for criminals. For a rape or murder, the person can goto jail for anywhere between 3-14 years jail but not death sentence. Another thing is if a person is given sentence more than 7 years in a lower court then his case has to be seen by a higher court. This only invites to delay the case.

If criminals are given small punishments then it is comfortable for anyone to murder someone and make a weak case out of it. He will just get 1-2 years of jail and then be set free to do more murders. People make tens of murders before being caught or atleast being presented in the court. The system is weak at many levels which really assist the criminals. Cops are humans and their actions & reactions also are human like so they can be short-tempered, revengeful, angried, confused, changed and ofcourse manipulated.

Why is it that Human-rights organisation keep shouting about Capital punishment being wrong. It is right as long as the person who committed the crime was in his full senses and the murder was intentional. Punishments are to set example to others that if the same crime is done then the outcome is like that. It is to make people realise that crime is evil.

In a regular day life, lots of theft keep on happening as the culprits know that chances of getting caught is minimal. Even if being caught, the chances of getting tried in court is minimal. When being tried in court the case can go on for ages without any results. Also while getting tried in court, chances of getting sentenced to jail is minimal. So eventually the options are better doing some theft and living. This example is only for thieves, imagine what is the procedure for murder accused and rapists.

In India, Mahatma Gandhi's murderer was sentenced after 2 years of his crime. Also Indira Gandhi's murderers were sentenced to death after 8 years of their crime. If high profile murders can take so much time then what can one ask for the crimes committed against comman man. In rape cases, when a victim makes accusations the court and people make it feel as if it was the victims fault and not the criminals. So even if many rapes happen, only a very few are brought to notice depending on the mental strength of the victim and her families.

In my opinion, if we can clearly prove the crime committed by the criminal then there is no need to wait but execute the punishment on spot. If he commits a murder then he can be hanged/shot/killed in anyway immediately so as to set an example. Also if a rapist is proven guilty with full eveidences then he should be killed on spot by the victim so that they can respect the sanctity of women. Major changes are required to teach all the criminal kind and instill fears in the minds of the criminals for their actions so that the same action can never be performed again.

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