We often see so many cases in court that could not be resolved due to lack of evidence. There are so many dramatized guilty characters in movies we see escape successfully because of lack of poof against them. There are so many pending cases in real life that usually take a very long time before the judgment. Is our system full proof? This is not the same with the Chinese or American system of governance. So, why is this with us and where do we fail? Do we really fail? If so, what can be done about it and how can we speed up the process of judgment? Let’s analyze.
Hypothesis theory says unless proven guilty you are innocent. When a guilty person escapes punishment after the trial in a court, they call it a Type I error while if an innocent person gets punishment they view it as a Type II error which is more severe by nature. According to hypothesis theory, all these kinds of error need to be avoided to design a full proof system. An innocent should not be punished at any cost. So what is your problem with all these absurd thoughts what my friends and acquaintances say to me when we sit for a discussion over such a topic? Does that affect you anyway in your personal life? Why are you worried over it, it’s no the part of your job. Let the judiciary think about it. Do you all view it the same you as they say to me? We are all responsible citizens. Let’s think more about it.
Another theory says truth can’t be hidden. It will come to you in some form or the other at certain point of time in your life. Very often I hear the judge saying, the case is closed due to lack of enough supporting material against the verdict and the guilty is set free. The consequences to these kinds of judgments are many. It provides new ideas to criminals to commit a crime and escape. The guilty will first try to prove him innocent. If he can’t find evidence to support his claim, he will try to destroy all the evidence against him so that he can’t be proven guilty. This is usually the fact in most of the cases where the guilty finds a way to escape.
There is another instance of celebrities who escape such trial because of their higher social status and often in the name of their contribution to the society. The judge feels like they are very popular among a larger mass and they have less negative aspects to them compared to the positives they bring to the society. This is a new innovative way to promote crime and criminals. They are our politicians, film stars, sport personalities and many more.
Gujarat chief minister Mr. Narendra Modi accepts in public that a person was murdered because of his actions though he has not himself committed the crime. He also supports the act and always tried to prove the relevance of his act whenever questioned by media people. He is still popular and won the election again. Is he god? Famous personalities like Mr. Amitabh Bachhan or Mr. Sachin Tendulkar get special privilege and time limits to pay the heavy income tax on them but all other citizens has to file their returns within a fixed time that can’t be changed. But it can be changed for celebrities. Why is this discrimination while rich people like them can always pay anytime they want?
There is another way people try to escape. They accept the truth when they don’t find a way out to escape. Usually they do their research well on the facts for and against them. When they find the evidence is much against them, they look out for sympathy. This kind of situation is common among celebrities like Mr. Salman Khan or Mr. Sanjay Dutt. They don’t make it too late to accept the truth but try to gain sympathy from their fans and followers and eventually from the judge so that their punishment can be minimized say, to five years while it could have been a life term for an ordinary citizen.
Can we still say there is justice for all? Children today find a different meaning to the symbol of justice. Once I asked a boy who was studying in his seventh standard to explain me what he understands from the symbol of justice, I found a strange reply from him. He told the woman is blind folded so that see can’t see what we do and the judge while decision making so that he can make his decision without fear. When I asked him about the manual weighing instrument in her hand, he could not answer anything, he was just thinking about it. It was his perception. I fear how many of us know the truth about it. If all of us know the truth, why do our children have a different perception?
Now can I assume that truth can’t be hidden? Well, I can refine the theory from my thoughts and experiences that truth can’t be hidden or suppressed for ever. I may not be alive to witness the truth. It may take hundreds or thousands of years. It will show its face one day for sure. How clever the criminal may be, he can’t escape forever. He might escape the punishment during his life time but it will be a matter of shame for his descendants when the truth reveals its ugly face. You may think all these thoughts imaginary but it is the truth as I view it now. So, it’s always better to accept the truth and live a life free of burden.
* First published at http://writersatchatterati.blogspot.in/ on Monday, 7 January 2008