The title of this post sounds like mass appeal and voice of our countrymen as we all have seen and heard in last few weeks on very heinous and unfortunate crimes happened in Hyderabad and Uttar Pradesh states.
The voice is very strong and reflects the common sentiment, frustration, and hopelessness for sorry state of affairs. The message is, “we want instant justice”, note the words instant justice, not the more or strong laws. But justice which is instant in the given scenario, it is the need of the hour.
This leads us to the primary question of law, law administration, and law implementation and final instant result and justice, again a question which arises why we need law/s the answer is simple and straight we need law for order/clarity , peace, and for the ever evolving needs of human society in which we live, that is why Indian contract act was passed in 1872, Indian Penal Code was passed in 1860, society keeps on developing and evolving with time and matures with its past experience and day –to- day life.
With the advancement of science and technology towards making human life more comfortable and convenient, entire landscape of law has changed. Society changes parameters, mode, manner, mechanism of life have changed ways and human behaviour of communications and transactions have changed. Lets see it in reverse side now, That is whey Consumer protection Act was passed in the 1986, not in 1950 or any other point of time, similarly Right to Information act 2005, Information Technology 2001, Protection of women from sexual harassment 2013. The point is simple with time and advancement society moves and need the law/s, be it substantive or procedural to make the pace and server the need of the time.
However, it is the time that as a state we should think and come out with the system and when I say system it means system which is organic and functional to the end –to- end delivery of justice keeping pace with time and time specific need of society , without any scope of un-due manipulation and delay.
This is the time of instant people, we need instant food, instant information, instant results. we can pass on the information to global with the press of tab and following the Judicial system which keeps us wait for decades for settlement of one issue, it should not be taken as if I a suggesting for some principles of law which are not part of our understanding of ‘rule of law’ and Jurisprudence in criminal justice system, but at the same time it should also be viewed. That there is urgent/instant need for overhauling of entire system and infact in case required, replacing the existing system, before people start losing the faith in our values and justice delivery system. In my next post will put some suggestions related justice delivery system specify to crimes against human body.
Some food for thought sorry “instant food for thought” who sits on TV channels and debates their throats out. In Criminal Jurisprudence, punishment is in way of setting an example and acts like deterrence for others to learn and not to repeat the same act of crime, it can’t put or stop society/criminal mind/behaviour right in one shot, example is despite the change amendment in law post 2012 of Nirbhaya’s case, making capital punishment a consequent of such crimes, accused have continued committing such crimes????