A Criminologist's Dairy-57

A Criminologist’s Diary-57

Account Criminology and Criminal Ju...

EQUAL Justice System

Equal Justice Under Law-it means that everyone must get justice. What is to God must go to Him and what is to Caesar must go to him – this is what is accepted .Equal Justice means only that and nothing more. In my book, Indian Police and Equal Justice under Law, I have explained and elaborated this concept as-

(1) Justice to the crime-doer/criminal

(2) Justice to the victims/s of crime and victims of abuse of power/misuse of authority

(3) Justice to the society

(4) Justice to the justice system itself

What is the importance of this blog? Let us see-

(1) What about the justice to the crime-doer/criminal? Evidence in hand shows that there are many who are above the law in the sense that the people have developed a feeling that the law is or can be enforced only against the enforceable. How many politicians, higher-ups in society, the affluent or the influential, the ‘religious ‘god-men are punished so far? Our prisons are crowded with people who are “lesser mortals” and not with “divinities” belonging to any category enumerated above. All of them are ‘hounourable men’ and justice to them means just a hollow utterance or empty words!

(2) What about the justice to the victim/s of crime or victims of abuse of power/misuse of authority? A country where victim justice is not accepted in full measure, there exist no laws which ensure victim justice, victimological compensation or restitution in the way they are given in countries where such type of justice is administered. In such a situation, there may not be any sense in talking about victim justice in India. Victims of one’s crime also include his family and dependents and there is no Victim Compensation Tribunals established for giving victim compensation/restitution for the victims of crime/abuse of power/misuse of authority. As far as the justice to the victims of abuse of power or misuse of authority is concerned ,there is the Protection of Human Rights Act-1993 which, it is blamed, is nothing but a teethless legislation, not enforced seriously in the country.

(3) What about the justice to society? Criminal cases registered, investigated and tried by the courts of law are acquitted in large numbers. Why? Numerous factors can be enumerated and they are not answers to the injustice/miscarriage of justice done to the society. The society invests huge amount of money and the output is nil. In some States in India, it has been observed that the conviction to the total crimes registered is just 6% and after an appeal, it comes still down to 2%.What is then the justice to society? A waste of money and man-power!

(4) What about the justice to the justice system itself? The police, prosecutors, defense lawyers, judges, media, people and prisons-all come under the justice system. The police are blamed for corruption and malpractices, the prosecutors for their nefarious activities, the defense lawyers for their self-interests, the judges for their ignorance, prejudices, partisan attitudes, corruption and qualitatively of poor performance, the media for media-wash and media trials, the people for their dishonesty and prisons for their failures in reforming the inmates. There is a growing feeling among the people that an equal justice administration is a myth-never to be seen in the present day society What to do and how to go about?