Let justice reach
the masses
Jagdish N Singh
Astate today can be legitimate only if advances
justice . B R Ambedkar , one of the leading
architects of our Constitution, rightly stressed the
crucial social and economic components of
justice. Our Constitution directs : "The State shall
secure that the operation of the legal system
promotes justice, on a basis of equal opportunity, and shall, in
particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of
economic or other disabilities."
Regrettably, our successive governments have not put in
place an appropriate judicial network for our hugely populous
nation. We do not have an adequate number of judges to hear
the cases that come before our courts. In 1987 the Law
Commission of India had suggested for having 44,000 judges to
effectively tackle the then number of pending cases. But the
successive dispensations have cared a fig for this. The effect of
neglecting our judiciary has been disastrous. According to an
estimate, at least five crore( 50000000) cases are filed in our
different courts every year. But , because of the lack of a
sufficient number of judges, only two crore(20000000) cases
are settled.
B R Ambedkar
Knowledgeable sources say the Executive avoids making
timely judicial appointments. In our Supreme Court the
vacancies for judges will soon be going up to seven reducing
the number of judges in the apex
body to 24. The posts of Chief Justice
in seven High Courts have been lying
vacant for the past several months.
There are a total of 403 judicial
vacancies in different High Courts.
In a recent judgement our
Supreme Court has observed the
Government has been delaying the
appointment of judges to High Courts.
Sometimes, our High Courts do not
send fresh names to the Government
for vetting a month prior to an anticipated vacancy. They do so
late or do not do it at all. Sometimes, these courts send fresh
names . But the files are kept pending at the Executive desk for long before being sent over to the Supreme Court Collegium
for its approval.
It is high time our apex Court warned the Government
against delay in filling in the sanctioned judicial posts . In our
Constitution there is a well- defined mechanism of the
separation of powers among the Executive, the Legislature and
the Judiciary. It is accompanied by the principle of checks and
balances. Our judiciary can always restrain the Executive from
proceeding with its approach of delay in the sphere of justice.
Pertinently, our apex Court must direct the Government to
comply with the Constitution in all its dimensions of justice –
particularly,social and economic. Ironically, many of our laws
are still feudal-colonial. They are elites-friendly and hence
absolutely antithetical to what justice stands for in a
democracy. Such laws must be discarded . The apex Court has
already rightly held our law must necessarily be just, fair and
reasonable.
On its own part, the Government would do well to
appreciate the importance of a truly operational judiciary in our
democracy and strengthen it in all its dimensions. The
Government must see to it that the masses have an easy and
equal access to our justice system .Presently, the system is too
costly for the poor to afford .
Thomas Jefferson
Not long ago, former Chief Justice of India J S Khehar
lamented , "Ours is a strange country. The bigger the criminal,
the bigger is the outrage. …The
convict in a terrorist crime, can get
access to justice in a manner that we
extend.. What about the victims
....what about the families which have
lost their bread earner.... what about
that acid attack victim who has been
defaced and cannot survive the
society ? I wonder why we don't reach
out to them....."
The Government must discard all
laws that are unjust and purely elitesfriendly.
The legendary American
President Thomas Jefferson warned as early as in the
eighteenth century : "When injustice becomes law, resistance
becomes duty."
LGBT not a separate class
Democracy is about egalitarianism . It
is supposed to foster justice for each and
every citizen and group . There can be no
preferential treatment to any gender
herein. The Supreme Court has done
well to have recently referred to a larger
Bench a writ petition to strike down the
Section 377 in the Indian Penal Code of
1860. This Section criminalises
homosexuality. The Court has observed ,
"The determination of order of nature is
not a common phenomenon. Individual
autonomy and individual natural
inclination cannot be atrophied unless the
restrictions are determined as
reasonable."
The Supreme Court must undo the
judicial wrong done in 2013 when it
upheld the validity of Section 377 . Its 2013
verdict observed that the LGBT community
was just a "minuscule fraction" of the
population. Those having sexual intercourse "against the order of nature"
constituted a separate class on which the
law could validly impose penal sanctions.
Our Constitution treats equality as a
fundamental right . There is a near
consensus across the enlightened
community that the sexual orientation of
each individual in society needs to be
protected . What is natural to one may not
be so to another. In 2014, the Supreme
Court did well to recognise that the
community of the Transgender Persons as
a third gender is entitled to the same
rights and constitutional protection as
other citizens. Besides, the court ruled that
transgender persons had a positive right
to make decisions about themselves,
express themselves and participate in
community life. It directed the
government to accord them 'socially and
educationally backward' status so they
could benefit from affirmative action.
Gender bias still prevalent
Natalie Portman
Like it or not, gender bias is still prevalent
even in the part of the world that calls itself
civilized and democratic. It is prevalent in
the in the United States which boasts itself
as the leader of the modern democratic
world. According to an authentic report , on
average, women earn less than men in
nearly every single occupation . Between
June 1, 2016 and June 1, 2017, actor Mark
Wahlberg topped the men's ranking after
earning $68 million . The highest-paid
actress, Emma Stone, earned less than half
that amount: $26 million. The report
quoted Oscar-winning actress Natalie
Portman as saying " Compared to men, in
most professions, women make 80 cents to
the dollar.. In Hollywood we are making 30
cents to the dollar."
The Georgetown University Center on
Education and the Workforce finds in its
new research that women have surpassed
men in educational attainment. However ,
the wage gap persists. Women need one
more degree than men in the same field in
order to attain similar earnings. Women need more than a high school diploma, and
ideally at least a bachelor's degree to make
family-sustaining wages. The wage gap
grows with graduate school, in part,
because women are concentrated in lowerpaying
master's degrees in fields such as
education and counselling. Roughly three
million more women in the United States
are currently enrolled in postsecondary
education than men.
Women on average earn just 81 cents for
every dollar earned by a man. Even when
men and women have equal educational
attainment and work in the same
occupation, women earn only 92 cents for
every dollar earned by men. Women's
educational gains have reduced the gender
wage gap. But they have not erased it. The
concentration in low-paying majors and
occupations continues to hinder women's
earning potential. Women have increased
their enrollment in high paying majors such
as engineering to 17 per cent. Yet they
make up 76 per cent of all education
majors, the lowest paying major. In high paying fields such as law, women are
concentrated in lower paying
occupations. Women make up 85 per
cent of paralegals and legal assistants
and only 44 per cent of lawyers.
Pertinently, the study finds
developed countries like Japan and
France have smaller gender wage gaps
and laws that are more supportive of
women who have children or are taking
care of elderly relatives.