Tuesday, December 10, 2013

Dignity and equality in the courts of justice…

Dignity and equality in the courts of justice…
Today, December 10, is the Human Rights Day! It was 65 years ago the UN adopted the Universal Declaration of Human Rights. It was to ensure that ‘all human beings are born free and equal in terms of dignity and rights.’ It is no one’s gift, but every one’s birthright by the very fact that we are born human. And the agency to ensure is every government worth the name.
Social action groups and movements have struggled all along to see it a reality and of course the judiciary has accordingly asked the concerned governments to defend and fulfill those rights, especially of the vulnerable and marginalized.
India, all along was supportive of this great instrument, and ensured it through its very Constitution. However, the scenario is not that satisfactory, especially with its still colonial bureaucracy and police. But it is glaringly poor in the very judiciary, which should have championed it. Why at all the judiciary prefer to be more equal? The court, the salutations, the dress code and the very conduct of the court is ‘unquestionably’ more colonial and feudal still! [The Hindu, Opinion, ‘Making human rights a reality’ by K. G. Balakrishnan, Chairperson, National Human Rights Commission and former Chief Justice of India,  Tuesday, December 10, 2013].
The language still remains to be that of 19th or 18th centuries’! A court officer, the lawyer can’t say that he ‘understands the point the judge is making.’ This would be rude, if not contempt. He is expected to ‘appreciate what falls from his lordship!’ [The Hindu, Open Page, ‘Will the judges smile please?’, by Neerad Pandharipande, Sunday, December 8, 2013] Who won’t be enthralled before beauty, truth and justice? It has to be natural and not demanded for any reason whatsoever. Judicial officers seem to demand, go to the extent of threatening or suggesting ‘contempt’! It is a clear sign that they don’t deserve it. It is like ‘empty vessels making noise!’ Respect has to be commanded by one’s noble behavior and wisdom rather than demanded in the name of any office held. It is not a place of intimidation, but one of justice, of equal justice for that matter and dignity due to every human being which the courts of justice are bound to ensure more than any other government machinery.
To conclude, let me quote K. G. Balakrishnan in the above opinion, ‘The splendor of human rights has to be maintained with nobility and glory. There cannot be any wearing down of values, deterioration of quality or any cobwebs in the procedure.’ It is high time that judiciary ‘sheds some of its more obsolete baggage and takes a look at its lighter side’ for the comfort of all who come seeking justice from their vexed problems and the dispensers of justice who are otherwise in a self-imposed cell of ‘decorum’. (panky 10th Dec 2013).