Wednesday, August 23, 2017

Transition from an argumentative to litigant society

"In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule."
—Friedrich Nietzsche (German, 1844-1900)
Word for the day
Banausic (adj)
Serving utilitarian purposes only; mechanical; practical, e.g., architecture that was more banausic than inspired.
Malice towards none
General Bajwa to Trump:
डॉन तुझे पाकिस्तान पे भरोसा नहीं क्या?
First random thought this morning
One things is clear beyond doubt to me that the respect for human life does not figure in the priorities of political agenda in the country.
Now, if you agree with me on this, is there any point in listening to the political discourse and/or looking for a ray of hope in political promises.
We the people will have to put premium on our life. Raise alarm whenever you face a potential peril to a life.

Transition from an argumentative to litigant society

In India, various courts of law dispose off over 21million cases every year. But still there are more than 30 million cases pending in various courts across India. Over 6 millions of these pending for more than 10years.
Another interesting feature is that while in lower courts criminal cases form more than two third of all pending cases, in higher courts the ratio of pending criminal cases is less than 25%. (see here)
So statistically, one might possibly draw a conclusion that our criminal justice delivery system is superior and most of the cases are conclusively decided at the first point itself.
But anyone who has seen the Indian criminal justice system closely, would know that nothing could be far from the truth. Every common man who has been to police station or court of law even once would know that—
·         Police personnel are criminally ill trained to prepare a criminal case and most of the cases do not even satisfy the elementary criteria for the trial of an accused.
·         A large majority of lawyers and advocates are incompetent, unethical and unfit for the practice of law.
·         The proportion of frivolous cases is too high, for want of an effective deterrent.
·         The corruption in police and lower judiciary is rampant.
·         The justice delivery for petty crimes is too cumbersome.
·         The justice delivery at higher courts is unaffordable for most. Though there is provision for free legal aid for economically weaker section, most litigants are unable to use it.
I believe that if police were little more friendly and courts were little more efficient, the number of cases may rise materially, given that many people avoid seeking justice for fear of harassment.
If you happen to visit a court of law in any of the small towns in hinterlands, you would observe that many of the accused involved in serious crime cases are not criminals.
Most of them committed crimes in fit of rage, pretense of false ego or some misunderstanding. Most of these crimes could be prevented
A majority of property related crimes could be avoided if all property title records are digitized and people are made aware about the need for making a will.
Honor, ego and women related crimes could be totally avoided if children are taught to respect individuality of others at school level.
Ban on drinking at public places (festivals, marriages etc.) could take out more than 10% criminal cases.
If you are wondering, why I am bothering you by this rubbish, I feel there is a strong investment strategy connection here....to continue tomorrow

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