Justice for BOP

We appreciate when suo motu notice of some urgent public interest is taken by a court. We appreciate a court when a PIL is immediately entertained by a court. We also appreciate when an immediate intervention or stay is granted by a court on a burning issue.

But can we forget those poor or deprived people whose cases are not even heard for decades even in lower courts and who have no wherewithal to approach the higher courts?

Won’t they feel discriminated against when a case of criminal or influential people is heard and finalised within days by the highest court just to ensure that his human rights are protected? What about the poor’s human rights?

Judiciary is one of the “three pillars of democracy”, i.e. executive, legislative and judiciary. When a person doesn’t get justice, he approaches judiciary with the last hope, but if his last hope is also shattered, where will he go?

The courts must introspect how to retain the faith and respect they deserve. They have to play an active role. But in the process of judicial activism, courts start adorning themselves with the petty administrative powers. They forget that they are supposed to interpret the law, and not to rewrite it.

Governments and departments are often pulled up by courts for not doing something in a day or a week. But what about 45 million cases pending across all courts! Setting up of fast track courts or mediation have also not helped to whittle away the backlog.

If justice delayed is justice denied, it’s surprising how courts then enjoy all sorts of vacations. Why should it not be curtailed and streamlined with the government offices? They can also sit late to wipe out the backlog of pending cases?

There are so many aspects of public life that need reforms right from election, political leaders, legislature, judiciary and ambiguity and multiplicity of laws, where judicial intervention is called for.

Courts should ponder how they can be made more relevant and useful for the society. The ideal justice is one that reaches the bottom of the pyramid (BOP) as quickly as possible.

–Kaushal Kishore

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20 Comments

  1. You’re right. It’s quite unfortunate how the poor always suffer in all institutions, the judiciary is just worse. The place is “crawling” with unfinished cases, mostly for poor people who can’t pay to be heard. 😓😓

    Liked by 2 people

    1. I agree with you, it’s the poor who bears the brunt. Most of the pending cases pertain to them. Thank you for reading and sharing your views.!

      Like

  2. This post, Kaushal, resonates with me not only because you are so right, but because irrespective of which country we are talking about, the courts are shamelessly inefficient.
    There is again that one unanswerable question, Kaushal, why aren’t you running the country?

    Joanna

    Liked by 1 person

    1. I’m glad that it resonates with you, Joanna! My heart goes to those deprived people who have no access to justice even in a democratic set-up. The rich can get stay order from the apex court within hours. The most unfortunate part is that nobody can direct courts to ensure justice.
      I think your oft repeated prodding may compel me to take a plunge in the cesspool of politics.

      Like

  3. The pyramid has correctly been used to portray the forgotten cases of the poor, which are much more in number. We cannot deny that courts don’t play their part at all, but they also have to consider the pending cases to provide justice to the poor. It’s hight time the judiciary geared up to start working on all those 45 million cases. Thank you for this KK

    Liked by 1 person

    1. I remember we had to work late in the evening to finish our job, even extra one. I wonder why the same thing can’t be done by courts to finish the backlog. Cases of lower courts are more pathetic. The moot point is where one should go for redressal of grievances. Thank you, Aahna for reading and sharing your beautiful thoughts.

      Liked by 1 person

  4. Well done hitting a topic which is such a problem here in the US too. Private prisons are for profit. Often young people are imprisoned and they make money by keeping them there and denying basic rights. This is a terrible example where judges sometimes profit by getting kick backs by placing kids with long sentences they should have never gotten. It is always the poor who have no voice. Thank you for bringing up such a crucial issue. Blessings to you. Hugs and love ❤️ Joni

    Liked by 1 person

    1. That’s really very unfortunate. Young people are out to task just for money. It’s a pathetic situation that too in a democratic set-up. God can only save those poor and deprived sections of society. Thank you for sharing the facts and thoughts. God bless you 💖💐

      Liked by 1 person

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