The Affluence Factor in India's Judiciary
by P. Mohan Chandran
How much does justice cost in India? Can it be measured in rupees or dollars? Is it a luxury reserved for the ones with gold-lined pockets, or is it a fundamental right for all, as our Constitution promises? These questions might seem ludicrous at first, almost mocking the notion of fairness that our judicial system is founded upon. But, if you take a closer look, you may find that these queries reveal the bitter truth hidden behind the veneer of judicial impartiality.
Picture this: On one side of the courtroom, you have Ram, a rickshaw puller from a dusty village, falsely accused of a crime he didn't commit. The legal aid counsel appointed by the government, burdened with numerous cases and limited resources, represents him. The advocate, though well-intentioned, cannot offer Ram the rigorous defense he needs, courtesy of a system that is overloaded and underfunded.
Across the room, we see Arjun, a businessman with deep pockets and deeper connections, represented by a star advocate who charges more for a single appearance than Ram earns in a year. The lawyer's silver tongue spins tales of innocence around Arjun, muddying the clear waters of truth.
The jury, my friends, is no longer out. In our ‘great' justice system, the scales are tipped, and quite ironically, it's the weight of the wallet that makes the difference. It is in this absurd theatre of the absurd that our quest for justice has turned into a bidding war. Whoever bids the highest, secures the coveted prize of justice. Is this not a farcical distortion of the famous line, ‘Justice is blind'? In this case, justice seems to have developed an uncanny ability to see the size of bank accounts!
We are forced to ask, then, if ethics and morals have taken a backseat to money in the pursuit of justice. Are we suggesting that advocates are trading justice for gold? Sadly, the answer may not be as straightforward as we'd like. Of course, not every advocate is swayed by money, but can we confidently say that no advocate is? After all, even Shakespeare made Portia, the brilliant advocate in “The Merchant of Venice”, exclaim, “While the poor man's right is bait with gold, justice becomes a far-off dream.”
The truth is, our judicial system has become a playground for the rich, where they can play out their misdeeds, confident that their wealth will protect them. The poor are left to look on from the sidelines, their voices drowned out in the din of money changing hands. They say, “Money can't buy happiness,” but in the corridors of our courts, it seems money can buy something much more valuable – innocence.
Is this the justice system we envisioned when we drafted our Constitution? Can we allow our courts to become auction houses where justice goes to the highest bidder? Can we sit back and let the plight of the underprivileged become footnotes in the annals of legal history?
It's time for us, as a society, to reflect and ponder over these glaring inequities. Will we continue to let the affluent manipulate the legal system to their advantage? Or will we take a stand and demand that justice, in its truest sense, be accessible to all? After all, a just society isn't one where the measure of justice is the weight of one's wallet.
(Courtesy: Boloji.com)
