- Society is called so only if citizens collectively and voluntarily participate in forming an inalienable part of the union identifying eventually with the larger entity. This phenomenon is noticed since times immemorial and continues to this day. As it is mentioned so regularly, there cannot be any change in the way certain laws of the universe function. The emergence of society too can be aptly characterized on these lines. Now, there are certain entities entrusted with the responsibilities of ensuring established civil orders are followed in the right spirit as well. In modern-day democratic society, the executive, the legislature, and the judiciary are earmarked to ensure the Constitutionally mandated statutes are upheld in true spirits.
PC: Khyati Basant
- The Indian democracy is globally acknowledged for the primacy accorded to the Constitution and the institutions specifically tasked to ensure there is no deviation from the stated objectives as enshrined. Especially, the judiciary, and more so the higher judiciary, is considered by the majority of the citizens as the last resort for seeking relief on matters of daily concerns, whether small or big. Yes, the Indian judiciary is notoriously famous for long drawn-out legal battles and several levels of courts across the country are burdened with crores of cases awaiting adjudication is commonly known. But the faith exhibited by the citizens whilst seeking justice hasn’t diminished one bit despite cases meandering along for a painfully long period.
- Of course, judges speak through their rulings, which must not only be based on law and reason but, as important, display no prejudice. This is a simple but effective principle in the justice delivery system to be followed diligently by learned judges. However, a recent incident reported from the portals of justice raises serious concerns about the very foundation of the accepted norms when the two bail orders by Kerala sessions judge, S Krishnakumar. In separate cases of sexual harassment brought against writer Civic Chandran by two women, the judge offered different prejudices. In the first case, Krishnakumar’s bail order notes that the complainant wears sexually provocative clothes. Yes, I know you are perplexed by the statement.
PC: Vanya Verma
- The judge’s comments on the second woman, a Dalit writer, are worth quoting: It is highly unbelievable that he (the accused) will touch the body of the victim fully knowing that she is a member of Scheduled Caste. This jaw-dropping statement isn’t mitigated by the judge’s musings on Chandran being an activist against caste prejudice. His orders also critique a delay in filing complaints. Mind you, words such as those used by Krishnakumar add another layer of apprehension for victims of harassment – that courts may be as prejudiced as some people and police are, reflecting society. Unlike constitutional court judges who can only be impeached, district judges and magistrates can be dismissed following an inquiry. The higher judiciary should remind lower courts of that possibility in no uncertain terms.
