The Anarchy that's India
One of the essential features of a just society is that the rule of law must prevail.
A guy who violates the law must be afraid that the law enforcement agencies will catch up with him and he'll have to be afraid that he'll need to face the consequences of his action.
Similarly, one who is innocent must have the confidence that even if the circumstances may portray him otherwise, the legal system will provide justice and declare him to be innocent.
And in both the above cases, the concerned parties must be sure that justice will not only be done, but will be done within a reasonable span of time.
Sadly, in India, we can't be proud of our legal / judicial system. With some benevolence, positive bias and affection towards our nation, we can claim that justice prevails in a majority of cases. However, when it comes to timely justice, we can't even offer such a benefit of doubt.
Take a look at this essay revealing startling data about the low conviction rates in our judicial system:
With the kind of low conviction rates that prevail in India, we face two very significant kinds of problems, both of which are critical ones:
- Those who wish to follow the rule of law do not have an adequately strong motivation to do so.
- Those who wish to violate the rule of law can, with impunity, go right ahead, with the confidence that the law may never catch up with them.
This results in situations which are quite crazy even for fairly rich and powerful individuals.
For instance, several public figures who have done so much during their life time for India were "named and shamed" during the infamous Harshad Mehta scam a few years back. The cases went on and on. A few of those who were so named were eventually declared to be innocent. Sadly, they had died by the time the judgements came. Their entire life from the time aspersions were cast on them would have been a mess, with all and sundry, kith and kin, relatives and friends, colleagues and classmates thinking and wondering whether they were involved in the scam or not?!?!?!?
If this is the fate of the rich and mighty who would have obviously been in a position to come up with a team of excellent advocates to argue on their behalf, one can only imagine the plight of the lesser mortals.
To quote a couple of examples from the western world, one just needs to look at Bernard Madoff and Rajat Gupta. Within a short period after the initial accusations, investigations were completed, trial was completed and sentencing was also completed. The former is presently in jail and the latter is likely to go to jail soon enough.
On the other hand, in India, Ramalinga Raju of Satyam (who admitted to violating half a dozen laws) is out on bail and I have a lurking suspicion that he's likely to stay free for a long time to come while the cases move from one court to the next. Possibly till he breathes his last.
If we, the people of India, do not wake up and improve our judicial system, the consequences would not be palatable to our future generations.
Regards,