CJI 'indicts' judiciary

In a damning 'indictment' of incompetence and corruption in judiciary, the CJI of India Mr Balakrishnan has highlighted several of his concerns in a judicial conference. Here are some specific comments from news below:

CJI points to judges’ ignorance

Balakrishnan warned that several people wanted to delay the conclusion of criminal cases. “(But) Judges are supposed to prevent the abuse of law by those who want to delay the delivery of judgment,” he added, alluding to the judiciary’s concern at the high number of pending cases.

This is an indirect admission that judiciary is responsible for delay in criminal cases. Going by psychology and human motivation, a person does a thing when it benefits him/her in some way. If judiciary is responsible for delays, it means judiciary or some judges are beneficiary in some way of these delays. You can put 2 and 2 together.

Balakrishnan pointed out that Section 498 (A) (anti-dowry law) under CrPC was one of the most abused laws.

“Judges are simply issuing summons and even warrants without properly verifying who are the accused. I have come across such cases in which the accused, sitting in Australia and other countries, are made accused when the case is lodged for the alleged offence of dowry,” he added.

We usually read in judgments of high court or supreme court about appeal cases that a lower court did not exercise "application of mind" in deciding on a case. It is very clear from above that "application of mind" and sound common sense is not happening. A judge being an educated human being cannot be so incompetent to go against natural principles of justice and common sense. It is clear that there is corruption involved. Otherwise how would it be possible that a 2 months child was named as accused in a dowry case, it was accepted by court, and court gave bail also for the 2 month old kid. Is this justice or brutality of the worst kind?

Balakrishnan added that the criminal procedure code was amended for the police to follow certain procedures before arrests. “We have come across cases in which even high court judges are ignorant of the legal value of statements recorded before the police under Section 161 of the Evidence Act for delivering judgments,” he said.

Judges, judge your competence first.

Former Supreme Court judge S.B. Sinha pointed out that 70 per cent of all the pending criminal cases were petty offences. “Sociological studies suggest that it is the poor who suffer the most because of delay in the delivery of judgments,” he added.

The judicial and police system has become a tool for corrupt and powerful people to terrorize the rest of society and keep it in submission. This is akin to how foreign masters of a country would like to keep large parts of society under control and submission. So then question arises - did we achieve freedom in 1947 or that was just a transfer of power from brute foreign masters to brute Indian masters?

Judge among 4 held for 'immoral' acts

Here is story of another judge found caught in an act not so commensurate with his job duties:

Judge among 4 held for 'immoral' acts

Confirming the arrest, SSP Shrikant Jadhav said that police raided the premises after a resident of Punjabi Colony in Samalkha got suspicious about the activities in his neighbourhood and complained to the police. "We arrested all the four persons, including the civil judge, from the house. While the three accused were produced in a local court and sent to 14-day judicial custody, we are following the Supreme Court guidelines in dealing with the judge,'' he said.

Oh so cute, the 'common criminals' are sent to jail for 14 days, but the judge has to be given permission by another judge on what action can be taken against him! This exactly shows why there is urgent need for judicial accountability so that judges cannot escape the laws they themselves give judgment upon.

How police saves own head

Read story here:
Our dad is not a murderer

And now the family says the police is pressurising them to withdraw the case because it has become an embarrassment. The District Collector, too, asks them to clear out.

"He said it was illegal to sit here," said Roop Singh, the children's grandfather.

So it looks like the way to get justice in India is to cause embarassment to authorities. But be prepared to be treated like offenders yourselves for asking for justice.

The family said Alka was gangraped three years ago and the accused were never arrested. Broken by the injustice the couple drank poison. Alka died, but Sunil somehow survived and ironically, was later held for planning her murder.

India is a country of ineffective laws and then more laws to cover for previously ineffective laws. It is a clear case that the state and specifically police has led to abement of suicide of this couple one of who actually died. But they are probably trying to hide behind more laws because even attempt to suicide is a crime in India.

You can't live with justice. You are not allowed to die either. Vive la India.

Are women beggars? 50% reservation in panchayats is not enough

The Union Cabinet today approved a proposal to increase reservation for women to 50 per cent in Panchayats.

http://www.ptinews.com/news/250760_50-pc-reservation-for-women-in-Panchayats-approved

She had said since women suffer multiple deprivations of class, caste and gender, enhancing reservation in panchayats and urban local bodies would lead to more women entering the public sphere.

Well and good. But what powers do these panchayats really have? Can they allocate their own budgets? Can they collect funds or earmark funds for development? OR do they have to look upwards to some mai-baap to be able for their functioning.

By giving these 'doles', the real issue of empowerment of common people is kept at the sidelines. The mantra of governance in India today seems to the following:

1. Let rich and business class hobnob and get their ways around with policy making and regulation. Don't we remember the disastrous SEZ related experiments not so long ago?

2. Let middle classes be happy and smug based on some urban/metro centric propganda thrown by politicians and media centering around common themes like "India, the largest democracy", "India - a growth story", "India - Mera Bharat Mahan" and so on. Let Indian middle classes live under the illusion that they have civil liberties when all they have is some freedom of expression to voice opinions. Not anyone in middle class dares to go to police or courts when they face injustice either from state or in private matters. 95% the middle class is actually too busy to struggle with daily living issues like water, power, getting work done through government.

3. Placate poor classes by forever giving promises of development, empowerment, education, healthcare, abolition of child labour etc. Most poor have no access to state education or healthcare. Child labour is rampant inspite of laws against it. Once in a while give some high-sounding but inherently meaningless 'privilege' like 50% reservation for women in panchayats. Isn't that only means to an end? It is really not an outcome of development or empowerment by itself. That would be female literacy, healthcare, lesser rate of infant deaths etc, education for all girls etc. But by doing such acts of reservations, a kind of false hope is given that things are going to be fine very soon.

Demand service from police under Consumer Protection Act

Now it may be possible to get better service from police by invoking 'service' as per Consumer Protection Act, 1986.

Consumer law can put cops in order

Excerpt from the news below:
Though the forum could have dismissed the complaint against the cops terming it ‘in limine’ (through which evidence or one of the parties can be excluded from legal proceedings), it issued a notice to the police seeking their reply. Also, in his reply, SHO of Sector-34 police station did not plead that the complaint was not maintainable and admitted that the vehicle had been stolen. The reply went, ‘Despite best efforts of police, the motorcycle could not be traced. In these circumstances, there is no deficiency in service on its part and the complaint deserves dismissal.’

On Monday, the forum, headed by its president Lakshman Sharma, said, ‘The complainants have failed to make any case of deficiency in service against UT police and complaint against (them) stands dismissed.’

Though the complaint was dismissed, it is clear that consumer forum has not disallowed Police being a party to a complaint under Consumer Protection Act, 1986.

Also read following comments by consumer forum members:

Member of the forum, Siddheshwar Sharma said, ‘Services provided by department of posts, passport offices, universities, municipal corporations and even administration fall under the ambit of CP Act.’

Sources said there were other similar complaints in the pipeline as well. Jagroop Singh Mahal, president of another consumer forum, said, ‘Whenever there is non-performance of duty by a public authority, including police, people complain under CP Act.’

So it is time that citizens widen their horizons and think out-of-the-box to demand and get service. The tax paid by citizens can be used as the argument to demand service from police.

Addendum to SIFF press release

About Save Indian Family Foundation:
Save Indian Family Foundation, Bangalore is an NGO dedicated to promote the cause of Men’s rights, Gender Equality and Family Harmony. SIFF started as a website on March 10 2005 and now its movement with activities stretching across the country. In its five year SIFF has now around 30000 – 40000 families who have sought succour.

Why Judicial Reforms

Judicial reforms are the need of the Day in the Country. And the Reforms in the Family courts are even more urgent. A person can continue living a “normal” even if faced with criminal matter or been victim of crime in any fashion be it robbery or assault. However when faced with marital breakdown a persons life is put on hold till the verdict. Hence it is imperative that Marital Problem is given the highest priority and overhauling of system is important.
Just two days before there was judgement in Bombay high court where in after 14 years the husband was told that it is perfectly acceptable for a wife to harass him every day by quarrelling over petty and niggling issues or essentially not to meet any expectation that a man may have in marriage.

This could have been told at the outset instead of taking 14 years for the same.

There is comprehensive sense that is being developed that a wife can literally get away with anything short of murder. Be it ignoring court orders on visitation , Slapping a husband inside a court premises, assaulting and husband be not granted even the relief of disassociating from the relationship forget about civil relief or criminal complaints. Where as on the other hand without any fault on baseless allegation the entire Legal. Judicial machinery hounds the husband and his family.

What is needed in Judicial Reforms?

Judicial reforms is not about tinkering with a few process it needs overhaul in following direction

Change of Laws: There are two many laws in the country against the husband in civil, criminal and quasi criminal arena which do not have standard procedures of normal laws applied to them examples are the Domestic Violence Act and the Section 498a. There are also multifarious laws for a same relief. There are five laws on maintenance for standard of living from a husband. This needs to change and complete gender equity, equality and fairness be brought about. The laws need to harmonised and equalised by gender.

Change of Procedures, practices, presumptions and guidelines: There are multiple procedures which tend to become procedural harassment of the husband and there families. This should change. The heavy procedure need to be lightened and made more litigant friendly. A key example is on handling cases where in a husband (wife) is from out of station. In such a case the standard practice should be to provide two or three continuous dates so that the out of station person can take leave etc. It has become a procedure for the cases to be transferred to the place of wife’s liking. This should change and the convenience of a working person should be taken into consideration as there is far more stakeholders who need to be aligned for working spouse. To not allow more then 2 interim application would be useful guideline. There is a legal and social presumption which is best described by the Victim Women Criminal Men Syndrome which needs to change and =it’s time for the entire system to get out of this trap.


Change in the current Transparency on dates and estimated dates on the court cases.

In India getting a reservation or attending the courts at a short notice puts a burden on litigants and litigants are clearly interested in knowing when will I get my decision .It is imperative that within 2 months the courts provide a schedule of dates and activity that will be conducted so that the litigant is clearly aware of the stages and phases and prepare accordingly. The judiciary can very take the help of project management expertise of the Ex- litigants for this matter. SIFF is willing to provide this expertise.

USE Technology: Involve litigants in defining the requirements of the computerisation process

Change in Attitude

The judiciary should not expect to be a great sermons speaking from Ivory tower. They should clearly be aware of the difference in Matrimonial relief like divorce or child custody. The shift in attitude for family related cases are more in the nature of I am here to resolve the disputes and allow the parties to live a happy life. Currently there is an attitude that is felt that one should use laws, procedure, guidelines, practices and spurious arguments everything against a husband seeking relief.

That daily mental torture of arguments was not found sufficient for the small relief of merely dissolving the marriage by high court of Mumbai speaks of an attitude which has become completely numb towards the emotional and mental well being requirements of husbands. Such allegations made by women would have been called domestic Violence

A High Court Justice Raghuram of Andhra Pradesh mentioned in the SIFF Seminar in VIZAG that NGOs act as teachers of Judiciary. It is imperative that The judiciary interact with NGOs which do have the welfare of men and their families at hand like SIFF, CRISP, PURE, SFF, SFO etc. to understand and learn the emotional, mental requirements of the husbands as well. There are too many interactions which are focussed on the female gender by the judiciary. It is imperative to understand the needs, feelings, emotions of the male gender as well empathetically by all the actors of the legal system. Ideally the entire family court judges should take one

Women’s NGO and one Men’s NGO for review

There is a chance of more harmonious Litigation when the both parties feel that the judge has their best interests in mind and will take care of it. Today, that a judicial officer has the best interest of the husband is neither evident nor visible. There is feeling that there is huge disparity in terms of support provided by all the actors of the legal system; be they be the law, lawyer, judge, mediator, police or their mindset and they all act with husband as a target with a view to milk him.

There has never been even an iota of attempt by the entire legal / police fraternity to understand or engage on the husband’s rights, expectations, and requirements from the legal system in terms.

What we want
In a nutshell We want the Judicial reforms to include the intent for even husbands to get the relevant relief and justice , get out of the court battle and move on with life and restore our faith in the justice system

Supreme Court judges to declare wealth on web site

Supreme court judges have finally relented since their own ranks had broken down when few high court judges voluntarily declared assets:

http://news.in.msn.com/national/article.aspx?cp-documentid=3177361

This is actually a victory of good sense over childlike stubbornness of a few judges, who are so afraid of being thrown behind bars due to false cases once their assets are public knowledge.

Kudos again to Justice D V Shylendra Kumar of Karnataka HC for bringing the whole supreme court judiciary to see the light of future and not be stuck in the past.

Finally, why is declaration of assets important? Do people not trust the judiciary anymore? I am afraid there were doubts in public after scams like 15 lakh cash at doorstep of HC judge etc. This is a first step to restore confidence of public in high judiciary.

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