Saturday, 4 April 2015

Our judicial system actively weakens cases, allowing offenders to escape punishment

In Indian judicial system, there are two yardsticks for an offense – “criminal” and “civil”. Where an offense is classified as “criminal”, police plays a major role.
But if it is classified as being “of a civil nature”, the victim is abandoned to remedies from courts without any help from state. This system handicaps many victims and enables offenders to operate fearlessly.
Land-grabbing etc. are classified as civil matters. This lets organized criminal mafias operate freely, with political support. The police and administration does not lift a finger to help the harassed victims; they are forced to fight their own battles, unaided.
On the other hand, offenses like molestation are classified as “criminal offenses”. Here the victim is only given the status of “complainant”. The police registers a case of the State versus the accused (and not complainant versus accused). Often, police neglects the investigation, enables destruction of evidence and demoralizes witnesses with their callous behaviour, while the victim watches helplessly. The victims lose control in their own case! In this way, the system actively weakens cases, allowing offenders to escape punishment. This is extremely demoralizing for law-abiding citizens.
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