rishisarafnluo

[rishisarafnluo]

FLAW IN JUSTICE DELIVERY SYSTEM : A LESSON FROM NIRBHAYA CASE

JUSTICE DELAYED IS JUSTICE DENIED  : A FAMOUS SAYING OFTEN USED IN CONTEMPORARY WORLD TO ENLIGHTEN THE SIGNIFICANCE OF AN EFFECTIVE JUSTICE DELIVERY SYSTEM .  INDIA – EARLIER A BRITISH COLONY  HAVE INHERITED ITS LEGAL SYSTEM FROM COLONIAL POWERS AND  IT SERIOUSLY RAISES QUESTION OVER ITS EFFECTIVENSS AND THE NEED OF IT IN SO CALLED A MODERN BHARAT OR A NEW INDIA WITH AN AMBITIOUS TARGET OF BECOMING A GLOBAL SUPER POWER .

INDIAN PENAL CODE[ IPC] 1860 OR CRIMINAL CODE OF PROCEDURE [ CRPC] REWRITTEN IN  1973   BY OUR COLONIAL MASTERS AND OFTEN HAVE PROVISIONS  CONFLICTING AND EXHAUSTING  .    ONE OF THEM IS THE LONG PROCEDURE TO BE FOLLOWED IN CASES INVOLVING   DEATH PENALTY . CONVICTS OFTEN USE LOOPHOLES IN OUR SYSTEM TO ESCAPE DEATH PENALTY AND A REPORT BY NATIONAL CRIME RECORD BUREAO [NCRB ] STATES THAT FROM 2000 TO 2020 , MORE THAN 100 PEOPLE WERE SENTENCED DEATH PENALTY WHILE ONLY 15 WERE IN REALITY EXECUTED ,THIS RAISES QUESTION OVER OUR JUSTICE DELIVERY SYSTEM .

NIRBHAYA CASE WAS ANOTHER SUCH EXAMPLE WHERE THE OFFENDERS EXHAUSTED ALL MEASURES TO DELAY THEIR DEATH SENTENCE  AND EVEN GOT SUCCESS TO 3 DELAY IT BY 100 DAYS OR MORE. THEY MOCKED ON OUR LEGAL SYSTEM WHICH WAS HELPLESS TO PROVIDE INSTANT JUSTICE TO NIRBHAYA – A GIRL WHO WAS BRUTALLY ASSAULTED AND RAPED BY 5 MEN ON 16 DECEMBER 2012  , IT TOOK 8 YEARS TO EXECUTE DEATH PENALTY , AND WHEN IN DECEMBER 2019  , DEATH PENALTY WAS FINALISED,THE OFFENDERS  USED TACTICS SUCH AS MERCY PLEA ,CURATIVE PETETION AND REVIEW PETETION TO EVEN DELAY IT FURTHER TILL MID MARCH .

8 YEARS  WILL BE COMPLETED ON THIS 16 DECEMBER , SO THERE IS A NEED TO ASK  WHAT HAS CHANGED SINCE THEN ?

NOW ,WHAT ALL LESSONS CAN BE LEARNT FROM THIS  HIGH PROFILE CASE IS THE NEED FOR A JUST SYSTEM AND URGENT  REFORMS . IF OUR LEGAL SYSTEM FAILS TO DO IT  , VIKAS DUBEY ENCOUNTER OR HYDERABAD RAPE CASE ENCOUNTER  WOULD BE COMMON AND PEOPLE S FAITH IN JUSTICE WOULD BE SHAKEN AND OFFENDERS  ENCOUNTER  MAY BECOME A DAILY HEADLINE  WHICH IS PERNICIOUS FOR ANY DEMOCRACY .