Humans
are the most optimistic living beings on earth and HOPE is the fundamental
nature that humans relied upon to set-up an ideal and happy society. Since
centuries human beings especially Indians gradually built the societies
systematically to comfort the members of the family and to lead a happy life.
Developed the culture, traditions and social structures for amicable living
with other groups of families. societies developed into villages, cities,
kingdoms and modern countries. In the meantime, social rituals, traditions, norms,
rules, regulations, punishments for crime are being developed since centuries. Vedas,
religious scripts and practices are the base for the social structure in the Indian continent. Sages and Gurus were
the guiding source of the society, and were worshiped like gods in the earlier
eras, hence an uncanny resemblance is there to the title of this article.
Though
the world has changed, modernized and scientific, hope and belief are still the
essential part of the healthy society for humans. People visit Temples, Churches,
Gurudwaras or Mosques as the last resort and pray to the god to save them from
the misery. For democracy like India, the constitution and Courts are the final
hope for the needy. I believe, our modern courts are the temples of justice,
guided by judges who are nothing but guiding angels for the victims of the
injustice in the society.
Common man,
Conflicts and governance
Evolution is
constant, countries develop rapidly with technology and methods of governance.
Compare to the 1900 AD and before, current world has different aspirations and
challenges. A very little time humans took to turn the NEED in to GREED. Hence the
challenges also grown with time.
Countries
evolved themselves with all the skills to compete and grow to provide essentials like food,
social and financial protection for their citizens. Countries developed their won
constitution, code of conducts, governance, Law and orders etc., to meet the
challenges. Large countries like India
with vast geographical setup, it would
be a challenge for the governments to regulate and govern. The systems like
Legislature, executive and judiciary are the pillars of democracy and part of
the society for a better living. Judiciary being the guiding source for all when
other two fail. A recent instance where court took cognizance and advised
government.
Chief Justice
Hon'ble Shri S A Bobde told WhatsApp:
"You
may be two or three trillion-dollar companies, but people value their privacy
more than money," a bench headed by Chief Justice S A Bobde told WhatsApp.
The Supreme Court on Monday asked the
Centre and WhatsApp to reply to a fresh plea alleging lower standards of
privacy for Indians in comparison to European users, saying, "it is the
duty of the judiciary to protect citizens' privacy." "People have
grave apprehensions that they will lose their privacy, and it is our duty to
protect them," the top court said.
Countries developed economically, socially by welcoming globalization. The conflicts
between human beings also grown. Conflicts in public life, conflicts in
society, conflicts in social life, conflicts in family, conflicts between
husband and wife,etc. Earlier Panchayats headed by the village leaders were the authority to intervene and find a
resolution for all these conflicts. The resolutions were most of the time used
to be ad hoc and purely on the basis of the Panchayat head's discretion.
There was no
scientific or systematic approach to solve such conflicts, people relied
purely on the basis of the face value of the head of the Panchayat or such kind
of age-old system. The system and approach was ambiguous, uncertain and had
space for confusions in the resolutions.
Modern
world is capable of handling any such conflicts with certainty through
meticulously and scientifically built
systems. In India the constitution is the sacred document which is the
framework that demarcates fundamental political code, structure, procedures,
powers, and duties of government institutions and sets out fundamental rights,
directive principles, and the duties of citizens. Constitution drafted by the
scholarly personalities like Dr. B R Ambedkar and the team, which is adopted by
the Constituent Assembly of India on 26 November 1949. The constitution
replaced the Government of India Act 1935 as the country's fundamental
governing document. The constitution has empowered the common man by
guaranteeing the fundamental rights under Article 14, 15, 19, 21 and judiciary
being the guiding source in protecting the rights of the citizens.
Preserving
sanctity of Constitution
By delivering
justice, Indian judicial system is upholding the sanctity of the Constitution
in India. Being the constitutional authority, judiciary keeps an eye on every
matter in the country for the welfare of country and it's citizens by always guiding the government and public
to follow the guidelines according to the law of the land and constitution.
“The
Supreme Court has original, appellate and advisory jurisdiction. Its exclusive
original jurisdiction extends to any dispute between the Government of India
and one or more States or between the Government of India and any State or
States on one side and one or more States on the other or between two or more
States, if and insofar as the dispute involves any question (whether of law or
of fact) on which the existence or extent of a legal right depends. In
addition, Article 32 of the Constitution gives an extensive original jurisdiction
to the Supreme Court with regard to enforcement of Fundamental Rights”- Supreme
Court of India.
We can see
example that the court strongly pitch-in for the citizens welfare suo moto, “Observing
that the gory killing of advocate couple practicing
at Telangana High Court as “most unfortunate”, Chief Justice Hima Kohli issued
suo motu notices to the State government on the matter.”
- The Hindu
GUIDING
ANGELS OF OUR SOCIETY; JUDGES
As
discussed earlier, India is an optimistic country and rose gloriously like Phoenix from ashes every time against the atrocities. She was abused, looted and
attacked barbarically by the Mughals, Dutch, French and English. Every time she
rose stronger than ever. With hope and optimism, now India is the fastest
growing economy, the force behind this hope and optimism is the constitution
of India which provides equal opportunity to everyone to grow. Courts and
Judges are the guiding force for the country wherever needed.
In
the modern world, people are facing conflicts everywhere, even the misunderstandings between husband and wife are seen as conflicts and require
intervention of a competitive authority. Common man looks up to the courts as
the final resort and has enormous faith on the system. Courts are highly
regarded for unambiguous, transparent and impartial judgments and verdicts in
India.
Historical court observation on old-age people:
Hearing
a divorce appeal between a couple from Karnataka, the Supreme Court said that
persistent effort of the wife to constrain the husband to be separated from the
family constitute an act of cruelty, and thus a valid ground for divorce
– Supreme Court of India
COURT;
THE TEMPLE OF JUSTICE
People have
their own practices, life style, social structure, etc., are most of the time
depend on the religious faith. The same can also be seen in the animal
kingdom. Each kind of animal has its own territorial behavior and social behaviors. Human evolution is on the basis of the religious faith of the
people, social structures, family successions, marriage etc., are on the basis
of their religious faith. countries' constitutions are on the basis of the
peoples' faith as that's how the world was evolved. People have highest regard
for the god of their faith, and strongly believe that the god can end their misery
and also punish for the mistakes.
Every day we come across many people with scariest situations not less
than a nightmare they might have gone through. For example, a person wrongly
charged by police for the crime which was not done by him, Old age parents who were thrown out of the house by their own children, a rape victim who was unable
to convince the society or the police on the crime done on her, an employee who
is not paid salary by the atrocious employer, a family which is socially barred
on the basis of caste, a husband who is wrongly charged for dowry harassment,
etc., are few of the examples of the society which are scary and equally
painful situation for the people who go through it.
Court is the last refuge for these kinds of victims who need justice to
lead a decent life. Courts are the savior for such victims. Emotionally
speaking, when people run out of the all the options, courts are the temple of
justice for such people.
Legal aid and lawyers' role
Now a days
more and more people are approaching court in a hope to find solutions for
their misery. Even government and courts also encouraging people through
several schemes like, Free Legal aid for economically under privileged people
and conducting Lok Adalat for speedy justice delivery system. Contradicting to the above some time people approach courts just to satisfy their ego, to show the power of money and
harass others. However our judicial system is efficient to handle these kind
of things and deliver the justice to the needy. People should approach court
without any hesitation; utilize the facilities like legal aid and Lok Adalat.
The role of lawyers in justice delivery
system is important which was discussed widely. The contributions of the
lawyers to Indian judicial system is undoubtedly commendable. Lawyers are seen
as the helping hand for the common people in terms of legal assistance. The society
expects the honest and efficient legal help from the lawyers. Lawyers being the
part of judiciary, it is very important for them to be able to help the
people and courts in the huge task of justice delivery system.
Conclusion
We are blessed to have a system like independent judiciary in the country
which can neither be influenced nor threatened by any other force. Common man
has a system to substantiate to his HOPE. The contribution of judiciary in
modern and successful India is overwhelming. However, there is a lot of
scope for further improvements, modernization and technologically more
efficient courts in India for faster justice delivery system.
Vijay G
Bangalore
vijaymgdg@gmail.com
