RIGHT TO JUSTICE
ALL RIGHTS THAT LEGALLY ACCRUE TO AN INDIAN CITIZEN HAVE TO BE ENFORCED EVENTUALLY THROUGH COURTS. THE WAY OUR JUDICIAL SYSTEM IS WORKING, MAKE IT IMPOSSILE FOR THE COMMON CITIZENS TO THINK OF SUCH RIGHTS EXCEPT WHEN IT IS GIVEN TO HIM BY BUREAUCRACY OUT OF PITY OR CHARITY. ALL SUCH RIGHTS BOIL DOWN TO NOTHING IN PRACTICE EXCEPT FOR RICH AND INFLUENTIAL CITIZENS. THUS MAJORITY OF CITIZENRY OF THIS DEMOCRATIC COUNTRY IS DEPRIVED OF ITS RIGHTS.
IF CITIZENS DESIRE TO HAVE RIGHTS AS A MATTER OF RIGHT, THEN THEY WILL HAVE TO FORCE THE GOVERNMENT TO URGENTLY REFORM THE JUDICIARY AS A FIRST STEP IN EMPOWERING THE CITIZENS. IT HAS TO MAKE IT EFFICIENT IN ALL ITS GAMUT INCLUDING QUALITY AND COST OF JUSTICE FOR THE COMMON CITIZEN.
WHILE LARGE NUMBER OF SECTORS ARE BEING OPENED UP FOR PRIVATE SECTOR PARTICIPATION, IT WILL BE ADVISABLE TO CONSIDER PRIVATE SECTOR PARTICIPATION IN JUSTICE DELIVERY SYSTEM.
To improve on the situation, Government should consider inviting private sector to jointly man the judiciary in India. A regulatory framework may be designed by an act of parliament after consulting legal experts, renowned N.G.Os, retired judges and eminent lawyers. The private sector will infuse resources, efficiency, and ensure speed and quality of justice, as they have been doing in other sectors. They will be in a position to contain corruption and committed judgement, as they will be in a position to attract best talent in terms of integrity, knowledge and commitment to justice. The govt. can give tax concessions or monetary support to this initiative. A judicial authority under the superintendence and control of Supreme Court can supervise functioning of such private courts. The cost of litigation in private courts may be higher, but if one takes into account corruption, cost of delay and mental harassment, the justice is nonetheless very costly in govt courts at present.
Govt may argue that the judicial system may be misused by private sector. But at present also judiciary is being misused grossly and bluntly. The private courts will have lesser evil than the present system. We can start with civil and petty criminal cases in few districts and blocks.
Otherwise also unofficial private courts are in existence, which are managed by anti-social elements and local dons. People out of trust of fair deal or out of fear resort to such unofficial private courts.
Showing posts with label GENERAL. Show all posts
Showing posts with label GENERAL. Show all posts
Wednesday, January 07, 2009
FIGHTING TERRORISM
FIGHTING TERRORISM
India needs 5000 patriotic, honest and capable persons who will sit in Parliament, State Assemblies and occupy key positions in bureaucracy. If this happens, all other things will fall in line automatically. At present small people are occupying big posts. Just blaming politicians and babus will not yield tangible results. We have to have tough and continuous introspection as responsible citizens to ensure our welfare. We have, as citizens, failed in our duties and have risked our lives and well being in the hands of irresponsible and self-centered politicians. They have created such a tight web around citizens' neck that we are finding ourselves helpless and cannot even elect good people who are really patriotic, honest and capable to man the country. If we as citizens are really serious about terrorism and such other cancerous problems, then we must unite and revolutionize the entire system of governance by compelling the present governments at Center and States to initiate at least following action under a time bound program:
1. Implement election reforms so that competent, honest and patriotic persons can contest elections.
2. Implement police reforms as directed by Supreme Court in 2006.
3. Right to recall elected representatives should be implemented.
4. Zero tolerance to corruption at all levels by having really powerful anti-corruption Commissions at par with High Court compulsorily for all public servants of state and central govts. Assets of corrupt officials and politicians should be confiscated as a rule.
5. Put into practice reforms for judiciary so that all crimes are dealt with expeditiously.
6. Make two year military posting for all youths compulsory.
7. Stop blaming and passing on the bucks to other countries for failure of our politicians, babus and judiciary.
8. Put in place a system of accountability for all politicians and babus.
9. Make common citizens part of governance by making entire system transparent, contributory and inclusive.
10. Have a centralised agency to tackle terrorism in the country.
Unless the system is overhauled under continuous pressure and monitoring of common citizenry, there appears no permanent solution to terrorism and such other mess, which are making lives of common man difficult. Mouthing cosmetic changes to fool the public will not be effective any more. Let us take control of our affairs in our own interest, rather than pointing fingers at others. If we do not wake up and decisively act this time, then we are not sleeping but are as good as dead.
J.P.SHAH, Junagadh [Gujarat] 03122008
India needs 5000 patriotic, honest and capable persons who will sit in Parliament, State Assemblies and occupy key positions in bureaucracy. If this happens, all other things will fall in line automatically. At present small people are occupying big posts. Just blaming politicians and babus will not yield tangible results. We have to have tough and continuous introspection as responsible citizens to ensure our welfare. We have, as citizens, failed in our duties and have risked our lives and well being in the hands of irresponsible and self-centered politicians. They have created such a tight web around citizens' neck that we are finding ourselves helpless and cannot even elect good people who are really patriotic, honest and capable to man the country. If we as citizens are really serious about terrorism and such other cancerous problems, then we must unite and revolutionize the entire system of governance by compelling the present governments at Center and States to initiate at least following action under a time bound program:
1. Implement election reforms so that competent, honest and patriotic persons can contest elections.
2. Implement police reforms as directed by Supreme Court in 2006.
3. Right to recall elected representatives should be implemented.
4. Zero tolerance to corruption at all levels by having really powerful anti-corruption Commissions at par with High Court compulsorily for all public servants of state and central govts. Assets of corrupt officials and politicians should be confiscated as a rule.
5. Put into practice reforms for judiciary so that all crimes are dealt with expeditiously.
6. Make two year military posting for all youths compulsory.
7. Stop blaming and passing on the bucks to other countries for failure of our politicians, babus and judiciary.
8. Put in place a system of accountability for all politicians and babus.
9. Make common citizens part of governance by making entire system transparent, contributory and inclusive.
10. Have a centralised agency to tackle terrorism in the country.
Unless the system is overhauled under continuous pressure and monitoring of common citizenry, there appears no permanent solution to terrorism and such other mess, which are making lives of common man difficult. Mouthing cosmetic changes to fool the public will not be effective any more. Let us take control of our affairs in our own interest, rather than pointing fingers at others. If we do not wake up and decisively act this time, then we are not sleeping but are as good as dead.
J.P.SHAH, Junagadh [Gujarat] 03122008
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