The judiciary has been vested with the task of providing justice to the victims of various crimes for a long time now, and, the famous phrase of, ‘History repeats itself’ has been coming true while transforming from the renowned present tense to a more of a present continuous tense when it comes to judging the judgements passed by the judiciary. The irony doesn’t really end here ‘cause it’s been a not so rare display since the inception of this “Messiah of Justice” system that the juice of justice has been served to the ones who are guilty.
During the times when the kings, sitting on their chairs of gold, proclaimed themselves next to the Almighty and took the task of providing everyone with justice, everyone knew that justice then was nothing but pleasing the king in one way or the other. Prejudiced decisions ruled the time, and the trial was just a mere eyewash for the general public to soothe the itches of theirs that wanted to believe that everything going around was fair.
Trials then were done then only for the benefit of the kings, but now, when the monarchy system has be abolished in most of the parts, it’s a rare case when justice land up in the right plate.
There are no kings now, but the selfish interests, unique characteristics of the humans, still remain.
With a jury comprising the most qualified men in the field of justice, well, the society seconds this by providing them with very ‘difficult to achieve’ degrees, the word justice usually takes an eternity to reach its true sense.
Apart from transforming the judiciary to give it a modern outlook physically, nothing has changed. Back then, and even now, a judgement radiating justice for the victims is a rarity, which comes as a surprise, and makes us applaud it! Shouldn’t the case be such that the biased decisions surprise us, while the fair ones go unnoticed ‘cause they are normal? The biased ones should be the planes flying in air, while the fair ones should be the cars running on road when talking in terms of being special.
Like an overrated athlete, the Indian judiciary has been disappointing us for a very long time now. Apart from a handful of cases where the justice was upheld in the true sense, which were lauded in awe by all, the judiciary has parted ways with the innocent and is appearing as the protector of the guilty.
To be latest, The Delhi High Court has reiterated the fact that the “world is not fair” by rendering a verdict in a case that required something, but nothing was given. The case was dismissed; and this wasn’t a case of a guy stealing a kid’s lollipop. “Sexual relations between a legally wedded husband and wife, even if forcible, is not rape”, said the Delhi High court while passing it’s not- so- welcoming judgement under the hammer.
The court acquitted the youth who was accused of marrying a 21 year old girl under weird circumstances, and then raping her. However, the word rape would be too strong a word here, and I might be charged with Contempt of court, so, let’s call it “non-consensual sex.”
The girl had alleged that her husband and his father had one day made her drink an adulterated drink, which made her lose consciousness, and then, after taking her to the Registrar’s office in Ghaziabad, they made her sign the marriage document. Well, that’s a movie for you, but who says movies can’t be imitated in real? The trauma doesn’t end here. The forced husband then claimed his martial right on a number of occasions, and had “non-consensual” sex with her, which, the girl has termed as rape. So stupid of her, isn’t it?
As obvious, the accused denied all the charged forced upon him and blamed the girl’s family; and the court dismissed the case because no evidence, having the power of convincing the court, was found in connection to the ‘marriage without the girl’s will’. And, for the rape, as cried by the girl, the court made the delightful judgement of “forced sexual relations between husbands and wives are not rapes”. This way, the court can surely solve all the pending rape cases very quickly as it has destroyed one whole angle to it, reducing the number by some extent.
The girl was threatened by the husband too in the girl’s version of the story; and if god forbids all this is true, then this wife is sure to face more wrath from now onwards. How can she possibly trust the judiciary now? Most of the women from now on are going to expect much less from the courts than they used to before this horrific judgement of bravado!
Proofs and evidences are what the courts thrive on. Manipulated or no, they care not.
It’s not only in this case, but in many cases of actual rape, not the “non consensual sex, the court has virtually let the guilty off the hook by giving them very little punishment to fulfil the stomach of their heinous deeds. The victims, who have to bear with the stigma, and horror of it all are the ones who have been bearing the brunt. Once during the act of the crime, and after that due to the below-satisfactory judgements passed by our courts.
After all this, the meagre-st of the punishments that are rendered for the huge crimes committed, huge in the humane aspect, take a snail’s pace to reach the ones guilty.
Things need to change, and they need to change very soon; otherwise, people will start taking law into their own hands; some already have, and many are just waiting for that final nail in the coffin!