Mumbai, Vinod Kumar Menon (Mid Day). Delhi’s Nirbhaya incident, which shook the whole of India. On the night of 16 December 2012, around 9:45 pm, six people crossed the limits of cruelty along with a 21-year-old girl in a moving bus. There was a lot of uproar from Parliament to the road. The matter was heard in the fast track court, despite Nirbhaya’s family had to wait for more than seven years for justice. There are many instances when generations have changed in waiting for justice. Despite this, the increasing figures of crime and court cases in India are frightening. We talked to some experts on this subject and wanted to know why these figures related to our judicial system are so frightening. Let us know the answers of experts and their suggestions to deal with this situation.
Crime statistics are a big lie
According to former RTI commissioner Shailesh Gandhi, the crime figures presented here are nothing but a big lie. The reality is very different from this. The reality is that far from getting justice, it is a big challenge for common people to go to the police station and file a report. In many cases, the police do not even register cases. Therefore, the crime figures that come out do not tell the whole reality.
There are flaws and merits in the judicial system of each country.
Dr. DK Goswami, Additional Director General of Police (Maharashtra IPS, ADGP Dr DK Goswami) Maharashtra Police, currently from Cornell Law School, USA in the subject ‘Wrongful Convictions and Innocence Claims’ Doing research on. He points out that like India, the judicial system of every country has some strengths and some flaws. For example, the California Police has recently been empowered to report theft in cases only when its value exceeds a certain limit. Some are welcoming it, while some are opposing it because such a criminal will easily target such things, which are less than the prescribed price.
Angle of crime in property dispute is a big problem
According to ADG Dr DK Goswami, the land record in America is very strong. The re-registration of a land takes place only when the agent or agency authorized by the government certifies it. Crime statistics in India are classified according to severity. There are a large number of such crimes, the root cause of which is property dispute. There is no solid record of property (especially land) in India. This encourages financial disputes, fraud and fraud. Such civil cases go on for a long time in the courts. Therefore, the parties concerned add the angle of crime to it for speedy justice. This puts a strain on the judicial system and it appears that crime is rampant in India, which is not true.
Preliminary inquiry is not necessary to write an FIR
According to former RTI commissioner Shailesh Gandhi, common people know how difficult it is to register an FIR. The Constitution Bench of the Supreme Court has ordered that it is mandatory for the police to register an FIR. No preliminary inquiry is required to file the report. Failure to file a report undermines the rule of law. That’s why people don’t trust crime statistics. No one can be held responsible for non-reporting or concealment of serious offences. This has been going on for decades. Therefore the crime figures shown are imaginary and beyond reality. This is an unwritten, well thought out policy, so that the figures are controlled and there is no pressure on the police or the state government.
Policing should not be judged by crime statistics
Former RTI commissioner Shailesh Gandhi says that police work should be judged on the basis of how safe people feel, rather than crime statistics. The police also do not register the report because they are held responsible for the burden of its investigation and the increase in the number of pending cases. A five-fold increase in crime figures in any state can lead to a political upheaval. In such a situation, it is necessary that the scale of assessment of policing should be changed. Otherwise the rule of law cannot be established. In the year 2013, the Maharashtra Police had sent a proposal to the Ministry of Home Affairs to conduct a survey about policing among the general public, which was not given importance.
Lack of immediate solution is the reason for big crime
Dr Arvind Tiwari, Professor and Dean in the School of Law, Rights and Constitutional Governance, Tata Institute of Social Sciences, considers the pending cases in the lower courts of the country a serious problem. . He says that a large number of these are cases related to minor civic issues, such as non-collection of garbage, overflowing drains etc. Apart from this, property disputes are also very high in the courts due to non-correct land records. If these small matters related to civil issues and property disputes are not resolved promptly, they take the form of major crimes. Such cases reach the court with many false allegations and facts and are pending for a long time due to lack of sufficient evidence.
Working under pressure affects policing
Mohammad Tasnimul Hasan is a final year law student at Jamia Millia University, Delhi. According to Tasnimul, in most of the states, the police work under heavy pressure and do very long duty. They should get better training in terms of the challenges that exist. Police sometimes register unnecessary or unreasonable cases under pressure, instead of genuine cases. Political control over the police takes away its independence. This affects policing.
victim centric judicial system
Mohammad Tasnimul Hasan says that the Indian judicial system should be victim-centred, meaning one that takes into account the interests of the victim. Right now after the registration of the case, the process of justice is very long and complicated. It takes many years to complete the trial itself, after the trial it takes many more years for the court’s decision to come. This is because the number of judges in the country is very less, while many posts of judges are lying vacant at each level. The system can be improved by reducing the number of pending court cases.
India’s huge population is also responsible
Senior Supreme Court advocate Floyd Gracias says the workload on the justice system has increased tremendously in the last few decades. Our huge population is also responsible for this. The complainant should consider the seriousness of the matter before going to court and avoid taking court cases in petty cases. In cases where possible, court cases can be reduced by mutual agreement.
Our judicial system is on the verge of collapse
Advocate Dinesh Tiwari, who has been fighting the criminal case for two decades, says, it is unfortunate that the Indian judicial system is on the verge of collapse. Alam is that till the registration of FIR, its investigation and then its court trial, there is hardly any ray of hope left in the system. Most of the investigations fall into the trap of corruption, which adversely affects the judicial system. This failed system has made the common people a victim. This needs immediate attention and necessary steps should be taken.