The Un-just Society

We Indians, since our early childhoods, are taught the greatness of our ancient civilization and splendour of our glorious past. This harking back to some sort of a golden era has of late been substituted by longing for a here-and-now greatness in the new millennium. Buoyed by the economic growth in the last two decades due to the twin factors of free market capitalism and global outsourcing, there has been a pervasive feel good factor in the educated middle class and the urban elite who account for close to thirty percent of our population. These sections of our society have genuinely benefited by this new prosperity and have gone out to claim some visibility at the world stage. The longing for this instant greatness is a result of this increased visibility.

However, large sections of our society still remain outside this circle of beneficiaries and social and economic inequities continue to be on the rise. Statistics as well as experience suggest that millions of Indians continue to struggle even for two square meals a day, leaving aside the other human development parameters such health, education and sanitation etc. Political and human rights of vulnerable sections such as tribals, minorities, landless and migrants are under continues threat. Regional, linguistic, ethnic and communal tensions keep undermining the authority of the state from outside whereas the chronic corruption in the state institutions keeps chewing on its innards from within. These inequities impose a harsh reality check on the idea of this instant greatness.

The bigger impediment, however, comes from the state of justice in our country which is a vital test of greatness of any civilization. The idea of justice in simple terms, not even incorporating the bigger ideas of equity and fairness, is the state and its institutions’ response to the crimes committed against people, within its territorial jurisdiction under the laws of the land. This is where the biggest failure of modern Indian state lies and even our exotic and glorious past does not offer any great examples of justice being delivered. The pre-imminence of the idea of ‘kutniti’ literally translated as ‘delicate policies’ but fundamentally referring to decision-making keeping in mind larger political and other interests has made the delivery of ‘nyaya’ or justice extremely difficult. This is ‘kutniti’ that condones expulsion of Sita on account of gossip, decapitation of Eklavya in an attempt to kill competition, condemnation of humans through a birth-based caste system, annihilation of counter currents such as Buddhism and Jainism and execution of Sikh Gurus in the name of quelling rebellion. These instances of subversion of justice apparently influenced by the idea of ‘kutniti', do not stop with the redefinition of the idea of India as a modern secular democratic nation state after independence from the British.

In spite of having one of the most comprehensive constitutions in the World, the deliverance of justice remains one of the most elusive goals of the Indian state. The inherent flaws in the criminal-justice system often result in the criminal roaming scot-free and the innocent rotting in the prison waiting indefinitely for their cases to be heard. The ‘kutniti’ in the modern India demands that crimes committed in communal conflagrations be treated as ‘collective crimes’ and the planners, instigators and executioners of the heinous acts against the people of India keep enjoying political immunity and protection. The corporate honchos responsible for criminal negligence leading to death and destitution are openly shielded in the name of investor confidence. Land grabs and massive displacement of people are allowed to happen in the name of development and people are made strangers in their only lands as their sources of livelihood and ways of life are snatched away. Any attempt at peaceful protest is brutally oppressed and alternative voices are systematically silenced by the all pervasive machinery of the state. The rich and powerful easily get away with serious crimes such as murder, rape, fraud, drugs and corruption. The scales of justice are heavily skewed by the balance of power between victim and the accused. Even in the cases where sentenced are delivered, it is generally the case of too little, too late. In high profile incidents, the apex court of the land makes occasional observations which usually have some immediate impact but hardly ever lead to a meaningful and timely conclusion. Most of these outcomes are a result of letting ‘kutniti’ dictate terms in the matters where ‘nyaya’ should have been given priority

The constant denial of justice to so many of the aggrieved souls has severely dented people’s confidence in the criminal justice system in this country. This is leading to alienation and fissures within the society which is often reflected in the violent movements and incidents throughout the length and breadth of the nation. There is hardly any space for a non-violent resistance and way for any meaningful dialogue has long been stifled. In this context where justice is not perceived being done, any claim of instant civilizational greatness sounds immature and superficial. Even in the scenario, where greatness is measured in terms of economic prosperity we are far well off the mark. It will be a great service to this nation and also a great help to the cause of our future greatness, if we focus our energies to help mitigate the inequities and injustices inherent in our systems. This does not seem plausible till the time ‘nyaya’ becomes cornerstone of the criminal justice system rather than ‘kutniti’.