Sunday, 5 April 2015

Demolish judiciary and rebuild it from scratch

India's judiciary comes with a cursed legacy -- 32 million pending cases based on British-era laws like IPC and CrPC. In the eyes of judiciary, Indians are not citizens, but subjects, to be held captive with jurisprudence based on imperialism.
The backlog of cases is a huge mess created by lawyers taking stay orders and tareekh pe tareekh, and judges giving it indiscriminately.
The language and culture of our jurisprudence is Latin; it is so alien to India's culture that no ordinary Indian citizen can understand it. Appointments to the higher judiciary are done by a cabal, with a level of mystery resembling appointment of the Pope in Vatican.
It is almost as if judiciary is not an organ of India's democratic governance, but an alien thing transplanted from a European mummy.
Not only is judiciary arbitrary and rampantly corrupt, but case laws themselves have been distorted by judgments given for money or favours.
The question arises: Can this distorted, deformed institution be "reformed"? The term "reformation" assumes that changes in small degrees will be possible, and will be sufficient. But we need to ask whether small changes will give justice to the people of India.
And if not, then we need to ask a question: Should we find a way to tear down this institution and rebuild it from the ground up? Should we throw the whole thing overboard?
This may not be like throwing out the BABY with the bathwater. This may be like throwing out the ROTTING CORPSE with the bathwater, so that the bathtub becomes usable again.
Think about it. Dare to ask whether this is false, or true.
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