Dear Friends
This is the excerpt of a proposed book 'for Dummies in India'. Chapter - 'outrage'.
Why an efficient judiciary is in nobody's interests? Bhopal Gas Leak Disaster has been addressed judicially - more than 25000 deaths. 8 individuals have been sentenced to 2 years imprisonment - after a trial that lasted 26 years.
I want to be outraged at all of this. Will it help?
Did you just arrive from another planet or something?
But the media is all too outraged? I want to add to the noise.
Well, media outrage in India has a lifespan. It is now, '1 week'. Next Monday, there will be another crisis to talk about and everything will be forgotten about this episode.
What went wrong about this trial?
Of what use is it for you to know what went wrong. A few hundred things might have gone wrong.
But surely, we cannot simply forget the Gas Leak victims?
Pray for the departed souls. But do not expect any formal redressal from the judicial system. With the judgment already out in the open, it will be ages before any appeal is decided. Even thereafter, there is another appeal to the Supreme Court.
But I hear so much about judicial reforms in India?
Surely, what makes you think that it is in anybody's interests to strengthen the judiciary in India?
What do you mean?
Well, you should not be asking that X or Y should be punished - you should be asking that X or Y should be prosecuted to the fullest extent and a fair verdict commensurate with the crime be delivered by a judge.
Yes. I want an efficient judicial system in this country.
Yes. That is the root of the problem.
I don't get it.
You see, if the judicial system is strengthened to the point that the guilty will always be punished, do you see the obvious consequence?
No.
A judicial system that nails a murderer will equally nail a corrupt politician or a negligent public servant. You cannot have a judicial system that will only nail criminals and set aside politicians. That never happens and has never happened. It is like a vast fishing net. Whatever is thicker than the net strand will stumble upon the net and get wrapped in it. So, an efficient judicial system is the last thing corrupt politicians want in this country. So, because we need to keep our judiciary weak so as to protect corrupt politicians, we obviously should learn to tolerate such incidents as Bhopal Gas Leak Disaster and move on.
What then is the best use of my time?
Indian film industry churns out the most number of movies in a year and you should head to your nearest multiplex.
How should I know when to expect any judicial reform in this country?
As and when some high ranking politician is convicted for corruption. When that happens and is affirmed by the Supreme Court, take it as a sign that things have changed a lot. Of course, you don't have to watch out for it. If Fire crackers are burst across your town on a Day that is not Diwali or a cricket match day, you should watch your television for confirmation.
--
Regards,
K.V. Dhananjay.
Advocate, Supreme Court of India
+91-99029-09390
Monday, June 7, 2010
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