Indian Justice - Trial by Fire

Recently I have watched webseries - Trial By Fire & Got devastated by looking at country law & way of handling things. In this blog I would try to get my views about flaws in court process. I will consider technology advancement vs law advancement.

I am commited to write every month a new article & publish it on this blog [democracy talks in India ] and twitter handle @indExposedCourt As a Searies of writing court exposed. If you have not read my old article how a common man has to go on feet for getting his basic rights, click here.   

Absence of Accused in Court

It is observed in the entire series where court trials started from 1998 to 2021, accused [cinema hall owners] appeared only once in court. Human rights took the next level, why was scrutiny of the accused not done? The accused was obviously busy enjoying his life throughout these 20 years. No hassle, No obligation to be in court time. Whereas complainants were present throughout their court hearings. Hence they had to change their life to get justice. In simple terms, if you are accused, you only get convicted if the court shares the decision. If you are a complainant, your life is not in your control, and you get punished more than being a complainant. If any of you have done court complaints in India, I would like to share your feeling about the same in a comment.

Duration of Court proceedings

It took 20 years to convict/share a decision with the court in favour of the complainant. Is it worth the effort? Obvious that a generation passes by this time. We have no strategy rather than on hearing date provide details to the court. Even if the information is widely available, the court ties a black ribbon on the eyes. This was a good option historically to avoid biases, however now it would be treated as foolishness as we are relying upon the capability of a single lawyer's [ group of the team ] capability of providing information in the right format. Let's understand it's a complex problem to solve, do the court know how complex? Do courts come up with TAT, like if this kind of issue, we will resolve in so & so much time? We got modernised, but the court is yet working on a model of 18th century. 

Engaging more people is essential!

Think of a scenario if due to the same reason only hurt would be our lead actor/actress Neelam Krishnamoorthy. i.e. They have not formed the AVUT community & filed case against the cinema hall builder & operator. They would definitely run out of money & Consume 100x mental trauma. I must say the couple would have died before the court decision happens. Why it is important as a complainant go in a group? why can't a single complainant get justice in indian courts! Comment here if you feel that your case got stuck due to personal finance limitations!  

Lawless for business

Laws are so frugal that there is no bounding from the government to the way of doing business. Anyone who can start a business is good at thinking. But no rules/guidelines/restrictions/consumer prevention thought before granting business. We have a good saying in Hindi:

अंधेर नगरी चौपट राजा, टका सेर भाजी टका सेर खाजा!

If a businessman tied with the entertainment business opens a new theatre in town. What are the required procedures he should follow? Any building construction requires clear fire & safety measures. If such theatre businesses where massive footfall happening. Do they conduct regular fire drills? As a common man, I can also draft a big list of laws based on that we can rate & provide the right information to the public who is opting for such locations. However, lawmakers have no idea about any such issues. 

Even recently 30th October 2022, a bridge fell down due to a massive crowd reaching there. The bridge was maintained by government authorities. The incident took 135 life. Who can be responsible for that? The fact is there is no guideline/law on how to operate such a public area. The person distributing tickets is only responsible for collecting money. It is obvious that the government took very good care about how to earn from it, but has no idea how to maintain it!! 

ChatGPT has learned 

Well, I just asked chatGPT about court issues & it has bang on said me all correct problems with court proceedings. So I see we should rely more on AI based decisions with manual scrutiny rather, slow humans trying their best to resolve few cases in his lifespan. 

There can be several issues that arise in court proceedings, such as:

Bias or partiality: A judge or jury member may have personal prejudices that influence the outcome of the case.

1. Lack of evidence: If there is insufficient evidence to support a claim, the court may dismiss the case or make a decision based on incomplete information.
2. Technical errors: Legal procedures and technicalities can be complex and prone to mistakes, leading to mistrials or appeals.
3. Delay in proceedings: Court proceedings can take a long time to complete, leading to frustration for parties involved and delays in obtaining justice.
4. Costly litigation: Court proceedings can be expensive and prohibitively so for some people, making it difficult for them to access the justice system.
5. Unrepresented litigants: Some parties may not have access to legal representation, leading to a disadvantage in court proceedings.
6. Burden of proof: The burden of proof in court proceedings can be complex and challenging, leading to difficulties in proving a case beyond a reasonable doubt.

What next?

Just introspect, are we ready to thrive as a world leaders without good law mechanisms. In a way, we are promoting fraudsters in the country.

Why I am writing?

I am a pained Indian citizen, who puts trust in Indian law. And I am suffering from it now!! I have a simple cheque bounce case against the builder who is enjoying his life as there is no obligation for him to pay my money back! It's 3 years in court. 6 years of trust to the builder to complete work. I see only a single hearing where that bankrupt has to come, till now.