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Lawlessness in IndiaViews: 85
Dec 28, 2009 12:30 pm re: re: re: Lawlessness in India - social accountability

subbu2007 kv
Social accountability - How to tame the rogue powerful and influential elements
The recent judgment, the delays, the public disillusionment, anger on the molestation case against the DGP of Haryana, throws up a lot of issues and serious concerns, that need urgent attention and action, failing which it can result in disastrous consequences in the long run, the initial tremors of which are there for all to see, in front of their eyes and ears.
The first being, the de-facto demonstrated immunity enjoyed by the rich, powerful, influential and the muscle wielding type, from any kind of punishment applicable for crimes committed, to the ordinary citizen, as per the legal system of this country. Time and again, it has been seen that those who can bend and flout the law, through any means: money power, influence, muscle power don’t really and have to worry about its existence. It appears that the law is only for those who really worry about it and are incapable of doing anything, to simply ignore it.
We have had cases of sexual abuse by high ranking police officers / their wards in Orissa, Goa, Delhi, … and may be many more states, the Chief Justice of a high court accused of corruption, the Lt. Gen of the army who could simply sell defense land as if it belonged to him, a businessman in Noida, who could kill innocent children as a hobby, as if they were his personal property, the murder of a bar hostess in Delhi by the son of an influential politician in Haryana and simply getting away through his connections and sometime back, a famous cricketer killing an elderly person in a case of road rage (parking argument in Chandigarh), a politician walking away with 4000 cr of ill-gotten wealth recently and the investigating agency, simply being made to wait for his convenience to present himself for questioning, the son of a naval officer getting away after killing pedestrians on drunken driving ….. and many more and what not.
We have all types of persons in this distinguished category of VIPs dressed in expensive suits and moving around in sports cars, dining, wining, recuperating and honey mooning in 7 star hotels.
In all these cases invariably a few facts are common. Power, wealth and influence are used to scare, intimidate, physically harm, purchase the complainant, divert and distort the issue, and delay, run away from legal process, by the accused. The establishment stands a mute and weak spectator (and may be providing back door support) to the tantrums and tactics of the perpetrator of the crime to get away from the clutches of the law. If politicians and police officers are involved they intimidate or spread the fear of reprisals using their power to silence the victim, dissuade the affected one from prosecution proceedings, harass, and what not. If those not in official power are involved, they use their clout and money power to purchase these facilities / services from the establishment and thereby get away.
The bottom line is denial of / obstruction of justice to the victim, justice not being provided when it matters, or providing relief that is highly diluted / its effect is neutralized, and at the end the implementation is such that even the diluted punishment is not really experienced by the perpetrator, through tactics of stays, delays, or managing to get five star amenities in jails through connivance with jail officials and the establishment.
This whole experience for the common citizen has raised certain serious doubts. Do we have a justice system that can be relied upon for any relief, does it deliver justice to those who seek it, do we have laws that are uniformly applicable to all citizens or we have one set of written laws for one class (the Aam Admi) and another unwritten laws for those who can afford it. Should I rely on the justice system or should I resort to my own ways of seeking justice. Where do I get relief if I cannot rely on the justice system in the land? Should I seek justice from international organizations or reform myself to be in the league of those who break and bend the law? Am I living in a fool’s paradise? What are the measures of achievement in this scenario: breaking and bending the system or suffer from the system like a law abiding citizen (priest?). Such questions naturally tend to work / creep in the mind of people once they are exposed to such experiences.
The manifestation of such repeated experienced is the sprouting of various dissident / criminal groups like naxalites, demands for breaking away from parent and creation of new states, ordinary / even educated people taking to disruptive activities / terrorism.
Such domestic problems are manifestation of deep rooted issues and lack of faith in the system to deliver equal opportunity, justice and access to resources, and are not to be superficially branded as law and order problems, to be suppressed with force.
I wish the political parties will wake up to some of these realities and evolve appropriate consensus and measures to shift this trend in a desirable direction, bring back the credibility of the governmental systems to effectively deliver services they are meant for.

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