JUSTICE IS A FARCE
The interpretation of blindfolded Lady Justice, the symbol of justice, is that in the eyes of law all are equal or equal justice for all, adding emphasis to it is the scales in her hand and sometimes a sword. While, scales or the balance is representative of the weighing of evidence, among other related interpretations, known to us, one often miss out on the sword, which is the representative of punishment, but again not the sole epitome of punishment.
However, before I proceed, I deem it imperative for me to state that this article is an after-effect, of the reminiscent movie TALVAR, which got me thinking. Through the movie there has been an attempt to reel the 2008 Noida double murder case, wherein the dentist couple was held liable for the murder of their daughter and their household help. Though, I am in the swoon of it, my intention is not to critique the meticulous piece of work of Meghna Gulzar, but to highlight the deplorable conditions of the justice disposal in India.
Now, not meant to be a spoiler, but there’s a scene in Talvar wherein the cop investigating into the probe is told by his senior official, that the sword in the hands of Lady Justice is the police force of the state (which is also what sword metaphorically stands for, in the course of my article). He further goes onto saying that the sword now is rusted, and it’s high time we take actions to do away with the rust. And this is what got me thinking and conclusively I wrote down this article late night after-show.
Well, I believe everyone is aware of how the double murder case ended and also the constant change of hands with regards the investigation, which only deteriorated the chances of accuracy of the case. However, in my opinion, this case has been a whodunit, with the initial team of police and then two teams of CBI independently and at different time periods investigating the case, all drawing different possibilities and methods of murder, with one of them still holding a verbal and strong opinion of the parents’ innocence.
However, just to brush up the loopholes and the grievance then, there was obviously change of hands, lack of proper investigation in terms of collecting fingerprints, blood samples among others, thus resulting in a lopsided forensic report, whatever that were there. Also is the glimpse of rivalry inter as well as intra investigating departments of police and CBI, evident from the various press conferences and interviews of the concerned officials.
Now even if we ignore for now the latter as a mere human tendency, we cannot neglect it forever. Apart from this, there is neither any reasonable explanation for the lack of forensic samples, nor any basis for the subsequent creative masterpieces of wild imagination, speculating what would have possibly happened.
Yet the courts – original and appellate, held the parents guilty of the murder charges, in the eyes of insufficient evidence. (This is just one of the cases, nation knows of because of the high profile it had acquired over time. However one cannot even fathom the amount of such cases, where people would have been/ are/shall continue to be convicted without sufficient evidence to prove guilt. While I make no assertion of the innocence of the parents, I simply wish to point out the violation of the basic principle of natural justice.)
Anyway, this is a 7 year old case, but this case is still making news, in fact now it is up for becoming a blockbuster. But for once if we detach ourselves from the mainstream materialism and look into this case as human beings, there is a possibility of what if the reports holding the parents innocent are true, even if there is an iota of chance, is there any coming back for the parents who have been personally stirred up and socially embarrassed as cold blooded murderers. And then when we steer back into the reality, we will realise that what is done is done, the plea of the parents has been lost in the apex court, and any media trial or effort to bring to light this case shall be of no persuasive value, apart from showcasing the handicapped structure of our nation.
However, while in 2015 we would still want to believe that things have changed now. But that is when we question our heart- Oh, have they, really changed? For better or for worse? Though it remains a million dollar question, but then a glimpse of news answers it all, when you tune into a news channel, only to hear debate on the change of hands in the Sheena Bora , which says it all.
Thus this brings me to the conclusion that, for a really stable judiciary, we need to plunge the sword in the hands of lady Justice in the strongest acid possible (The sword herein being the pillars of the judiciary, like courts, police, etc.). And this has to be done for the simple reason that there is no coming back for the innocent, charged as guilty, largely for apart from their self-esteem, they have lost their reputation in the society, who now looks at them sceptically and becomes judgmental about their acts at the drop of the hat.
Submitted By –
Student of II BA.LLB,
ILS Law College, Pune