Sunday, February 28, 2021
IDAW Session on Rule of Law and Economic Growth
The Friday session of the Indian Democracy at Work Conference 2021 on Rule of Law saw an eminent panel deliberate on Rule of Law on Economic Growth. Shri R.N. Bhaskar, Senior Business Journalist was the chair for the session. Dr. Montek Singh Ahluwalia, Former Deputy Chairman, Planning Commission of India, Dr. Arvind Virmani, Chairman, Foundation for Economic Growth and Welfare, Shri Pradeep S. Mehta, Founder Secretary General, Consumer Unity & Trust Society and Dr. Jayaprakash Narayan, Retd. IAS and founder of Foundation for Democratic Reforms.
Shri R.N. Bhaskar started the explaining the importance and urgency of Rule of Law. He started with showing statistics how at all levels from Judges to police personnel are always short in numbers. This repeated shortage is not an accident but by design. This needs urgent attention.
Evidence cannot live beyond a fortnight is a good attitude for the justice system to have to quickly provide justice. In ancient Rome lawyers were remunerated on swift conduct of trial and speed justice. Lack of adequate judicial system leads to organized crime filling the void and eventually leading to anarchy. Small protection pockets are created when a section of people come together and being legal becomes unimportant. When people have to vote for their protectors and no other criteria is used to vote a corrupt and criminal system develops. The weakness in the system not to punish the corrupt is very detrimental. There are also lot of issues of MSME, India’s backbone, that need immediate attention.
Dr. Montek Singh said no worthwhile economic growth can take place without rule of law. Our legal system is dysfunctional, laws are not well drafted and remedies lie in several different areas. We currently, do not have enough judges and policemen and state cannot have be expected to provide justice to its citizens with such shortages. He added that we also need high quality of lawyers and judges. It sometimes feels that we are expecting reforms in the country from judiciary and judgements. On another front, government negating of licenses after granting them, leads destroying confidence in the investors and leads to larger uncertainty. In addition, uncertainty of land titles leads investors to expect the government to acquire land for them. This creates an uneasy relationship between the government and the business. On the long run no matter what decision you make it seems it can be controversial, but still we must deliberate and decide what is right. He further added that raising the level of deliberations by including all segments of economy with transparency and hearing out to comments go a long way.
Dr. Arving Virmani stated that economics and law are essential concepts to understand for all of us. Markets and role of governments are critical subjects and evidence of history is pointing to the answers. Since ancient times, there have been rules and laws and there were always some kind of support system to conduct trade. He added that regulations are in a grey area and that there are positive and negative externalities in modern economy. Three sectors namely Financial Sector, Education Sector, and Health Sector are full of information asymmetry. Similarly the modern economic activities seem to have lot of asymmetric information issues and moral hazards and so need modern and professional regulators to tackle the issues with vigour.
Shri. Pradeep S Mehta said that seeking adjournments in courts and lack of appropriate court management system is dampening the economic activity. He also added that colonial system of holidays in court is inappropriate. This also increases the time for judges to pronounce judgements. We need to improve on the quality of Judges and increase the number of judges. Shri Mehta insisted that lok adalats and gram nyayalayas for quick justice at the village and local level will instill confidence in the society and economy. Contract enforcement is one of the worst in our and on this front government cannot do much, but judiciary has to step up. For modern economy, we require reorientation of judiciary with cognizance on economic impacts. We should focus on constitutionality and institutions and that a few PILs cannot reform the whole system. Building institutions is necessary, rather than few individual pockets dispensing justice like police personnel acting as arbitrators and adjudications or local strongmen settling disputes.
Dr. Jayaprakash Narayan: Supreme Court is meant for determining constitutionality of laws, not for assessing merits or demerits of a policy or making better policy. He added that public opinion has not yet completely accepted clear separation of powers. FDR and Loksatta constituted a committee of eminent jurist-Justices Venkatachaliah, JS Verma and Krishna Iyer - to recommend a model for judicial appointments, and persuaded the main parties to create NJAC. But the Supreme Court quashed the 99th Amendment. As people are not ready to insist on separation of powers, it will take long to correct the distortion of judges appointing their successors. Finally FDR pursued the local courts law and Gram Nyayalayas Act has been enacted in 2009. But so far only over 200 courts are functioning whereas about 6000 courts should have been in place. Most simple cases can be decided by local courts swiftly through summary procedures, and reduce the burden on judiciary. Courts playing their rightful role, improving procedures, strengthing capacity and expertise, and injecting talent through IJS and other measures are needed immediately.
Friday, February 26, 2021
IDAW Session on Systems to Deal with CYBER CRIME
The Thursday session of the Indian Democracy at Work Conference 2021 on Rule of Law saw a renowned panel deliberate on developing systems that can tackle Cyber Crime. Mrs. Rohini Katoch Sepat IPS, Superintendent of Police in CID, Bengaluru is the Moderator of the session. Shri Amit Dubey, a renowned Cyber Security Expert and a Crime Investigator on Cyber Forensics to various Indian Investigation Agencies. Shri. Manoj Abraham, IPS, Additional Director General of Police and the Head of Cyber Security of Kerala. Jayaprakash Narayana, Retd. IAS and founder of Foundation for Democratic Reforms participated.
The interesting deliberative session was opened by Mrs. Rohini Sepat asking the esteemed panelists that targeting individuals for money, targeting women, and attacking online infrastructure is on the rise and how can we put systems in place to control this problem. She said that profile and identity are also voluntarily given out by unsuspecting individuals are and hence putting themselves to danger. Identity theft protection measures and on another front training of judges and prosecutors to quickly punish criminals. Continuously upgrading of the systems, technology with Individuals being alert and careful will go a long way to curb the menace.
Shri Amit Dubey said that guidelines must be established so that individuals who could be accessing systems should be well known More awareness at an individual level is also particularly important. Using latest technology with Centralized information System of all reporting of crime so that all law enforcement agencies are aware of the crime and can act quickly is equally important. He also suggested that specialized department in police and investigation are need of the day. Further, he explained some latest cyber frauds and their complexities to make the audience aware of what is going on.
Shri. Manoj Abraham said private public partnership, local level quick action, community participation, and strategic partnerships are a must for tackling this menace. Research also shows that global networks and partnerships offer the best solutions. He said all department need to come out from department level boxes and coordinate with each other using technology. At international level, different countries and private public partnerships who have the technology and expertise are very critical as the technology quickly changes and only private technology companies can respond to this dynamic changes. At local level, Mr. Abraham added that we need to develop capacity amongst various stake holders. National Crime Reporting Portal and connected police enforcement, i.e complaint in one state and arrest in another to apprehend even the smallest crime with some additional laws for quick justice will go a long way in tackling the crime. He cautioned in the end that no system is perfectly safe, however, must use best practices, systems and technologies in place to defend ourselves against cyber crime.
Thursday, February 25, 2021
IDAW Session on Women’s Safety
The Wednesday session of the Indian Democracy at Work Conference 2021 on Rule of Law saw a distinguished panel deliberate on Women’s Safety. Mrs. Deepa Mani, Executive Director and Professor, Indian School of Business was the chair for the session. Elsa Marie D’Silva is the Founder of Red Dot Foundation (India) and President of Red Dot Foundation Global (USA),Mahesh Bhagwat IPS, ADGP, Commissioner of Police, Rachakonda Commissionerate and Shri. Jayaprakash Narayana, Retd. IAS and founder of Foundation for Democratic Reforms participated.
The interesting deliberative session was opened by Mrs. Deepa Mani by welcoming the panelists and explaining the importance of the topic ‘women’s safety’ in the present times. The Initiatives taken up by police, government, and community by creating safe spaces are short to medium term solutions, and she wanted to see long term solutions. She also requested the panelists to share their views and experiences. Ms. Elsa Marie explained that individual situational awareness, knowing the rights, community participation, technology like CC TV cameras and where we can use them and building trust within the community are very important to provide safety. Early age education, gender sensitivity and knowledge of laws are very important in achieving women’s safety. She also expressed displeasure that it takes lot of time to get justice and that government should do more to provide women’s safety. Also the amount allocated to Nirbhaya funds was also not completely utilized. Women want some action be taken so that harassment and crimes can be stopped. Education on digital literacy and digital rights to women is also very important in achieving security to women.
Mr. Mahesh Bhagwat explained some of the measures taken by the Telangana Government for making it safe for women. Counselling and fining eve-teasers and initiatives like SHE TEAMS are going a long way in addressing this important problem. Now more women in distress are approaching due to trust in police and fining and counselling has significantly reduced repeated offenders. Initiatives like Sangamitra-community members training of crime against women also provide for some more avenues for women to seek assistance. He also added that technology CC TV Cameras and Phone Apps is a game changer for crime prevention and detection and its judicious usage is very important. Similarly, fast tract courts where cases are disposed quickly will help providing safety for women. However, it is long way to go and that a culture of respect for women is lacking and should be inculcated. Additionally, Misuse of social media and cyber harassment against women is being special attention.
Shri Jayaprakash Narayan said local courts coterminous with local police station should be created to try minor offences by summary procedures. Speedy justice with stiff penalties can become a strong deterrent. We should create a culture of safety and address minor crimes against women before they escalate into major crimes. If we do not give confidence, concerns for safety may become another way of enslaving women. India has the lowest participation of women in work force at 21%; and we are the only country in which women’s share is declining. It is therefore absolutely vital that we ensure that public spaces are safe for women. The fundamental thing is that a culture of respect for women will only solve this issue on long term and this should be inculcated in the family and the education system at an early age.
Wednesday, February 24, 2021
IDAW Session on Fake News: Threat to Democracy
The Tuesday session of the Indian Democracy at Work Conference 2021 on Rule of Law saw a distinguished panel deliberate on Fake News: Threat to Democracy. Shri. AbhinandanSekhri, Co-founder of News Laundry moderated the session,Mr. Carlos Hernández- Echevarría, Head of Public Policy and Institutional Development, MALDITA, Spain and Shri. Jayaprakash Narayana, Retd. IAS and founder of Foundation for Democratic Reforms participated.
The interesting deliberative session was opened by Mr. Abhinandan Sekhri who said that spreading false information in order to further the agenda of vested interests is on the rise and can pose threat to democracy. He cited the recent behavior of former President Donald Trump as a danger to democracy. The Covid-19 pandemic also showed numerous situations where false information was perpetuated on the web. Tremendous amount of damage can be done when false information is spread which can spread divisions and polarization in a society. The discussion was what can be done about this.
Mr. Carlos Hernandez answered that false information can be only countered with truths and fact-checking. A lot of people now realizing the damage done by fake news, are looking into ways of fact-checking and presenting as a counter to fake news.
Dr. Jayaprakash Narayan said it is difficult to completely control the weaponization of fake news but said certain measures can be adopted to have some control in the beginning and later as more avenues are available more measures can be adopted. In democracies some amount of licence with truth is inevitable. Society and more responsible media can counter lies with facts. But there are three types of lies and fake news that need effective regulation. 1. Lies that spread hatred and violence. 2. Verifiable lies that can cause imminent danger to society and mankind. eg: Denial of Covid pandemic; spread of misinformation discovering vaccination; lies about global warming making responsible action difficult. 3. Trump-like lies that undermine Constitutional order and democracy. In respect of these three lies and fake news all civilizations should come together and evolve effective mechanisms to curb fake news. He suggested, the influential figures or people that have certain number of followers can be observed closely to check the truthfulness of their communication. The context is also right to promulgate some regulation, especially, after the COVID-19 pandemic and the circulation of fake news and the political drama in America. He also said as this fake news originates in one country and affects people in other countries, some kind of transnational regulations are required.
Mr. Sekhri suggested that European Union can quickly move on this issue and start trans-national regulations to fight fake news. Numerous questions were asked by participants as to how to control the menace of fake news and false information. Does spreading fake news become part of freedom of speech? Definitely not, a fact is a fact, one can have interpretations and perceptions of a event. But facts and truth should be presented in the society.
Tuesday, February 23, 2021
IDAW SESSION on EXTORDINARY LAWS
The Monday session of the Indian Democracy at Work Conference 2021 on Rule of Law saw a distinguished panel deliberate on ways to discuss EXTORDINARY LAWS. Shri. K. Aravind Rao, Former DGP, Prof. Kham KhamSuan Housing and Prof. K. Kailash, from University of Hyderabad, Prof. Ujwal Singh from University of Delhi and Dr. Jayaprakash Narayana, Retd . IAS participated. Prof. Kham KhamHausing was the Chair for the Session.
Prof. Hausing opened the discussion with explain the history of Armed Forces Act, POTA, TADA, UAPA and their role in democracy. Prof. Ujwal Singh asked Should we fight terrorism with one hand tied in the back. He also said we need to adopt best practices in policing and counter insurgency, but with accountability measures. He also said that National Interest is not the same as political party interest and we should know our common national interest, and integrity of our country is most important, and that violence has no place in the society. Dr. Arvind Rao explained the idea of violence perpetrated on the society also drew its inspiration from certain ideologies that justify violence. There are also doctrines and its strong proponents that want to destabilize a strong society, and this problem is present in all over the world. He also said ideologues and tacit support to stir hate against a state is on the rise and should be effectively and decisively curbed. Dr. Jaya Prakash Narayan explained that we should trust our police and security forces and give them adequate authority but with strong accountability measures.
Sunday, February 21, 2021
IDAW SESSION on Strengthening Investigation and Prosecution
The second session of the Indian Democracy at Work Conference 2021 on Rule of Law saw a distinguished panel deliberate on ways to strengthen investigation.Justice B.S. Chauhan, Chairman of 21st Law Commission, was the chair for the session, with him the panelists were Shri. C. Anjaneya Reddy, IPS (IPS), Shri D.R. Karthikeyan Former Director of Central Bureau of Investigation, Dr. Jayaprakash Narayan, General Secretary of Foundation for Democratic Reforms and Justice M.L. Tahaliyani former Judge of Bombay High Court.
Justice BS Chauhan: Justice Chauhan started off with explaining that the foundation of criminal justice system starts with suspicion raised by the investigators. He expressed displeasure that cases are not being decided even in the lifetime of the plaintiffs. Additionally, most of the political people do not have the willpower to accept any of the recommendations made by the Judiciary and that most inexperienced people are being appointed as public prosecutors due to political pressures. Justice Chauhan expressed that Section 25A is not being followed by the states where in the State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit to strengthen prosecution.Justice Tahiliyani stated that people are having bad experiences when they visit police station, so most do not want to go there to launch a complaint.Trust deficit is there in both police department and judiciary. Justice Tahiliyani explained that no separate cadre of police exist to deal with investigations, and this must be addressed urgently. Police needs to be trained on investigation before they assume their jobs and that Investigation shall be separated from law and order.
Dr. Jayaprakash Narayana stated that police should be empowered and should be held accountable. He said that conviction rate in India is very less and that trial process should be expedited. He also emphasized the need for non-partisan, autonomous, professional, accountable, and transparent independent crime investigation wing is needed. Dr. JP also suggested to increase the number of judges and appoint judges as District attorneys for a period of 5 years and make prosecution independent from political control. Shri. DR Karthikeyan stated that an unjust acquittal is as bad as an unjust conviction and unless we correct the deficiencies in the system the lawlessness of the country will not go.Politicization of police is also a major problem.Shri. Anjaneya Reddy, IPS explained that crime is investigated at different levels like district level, state level, and CB-CID level. The Investigation process should be facilitated over multiple jurisdictions without obstacle and the laws should be changed accordingly. He emphasized that the laws governing us now are of the colonial era and that the changing times demand robust laws. The laws governing now are not designed in a democratic system but for a colony. In addition, Shri Anjaneya Reddy explained that people do not go to police stations because police of apprehensions. Police are given uninhibited powers of arrest, which is misused frequently. Also, encounters happen because people have lost faith in the criminal justice system and that strengthening criminal justice system will build public trust and promote over all development.
Shri. Kishan Reddy, Minister of State for Home addressed Rule of Law Conference Organised by Foundation for Democratic Reforms. The session on Criminal Procedure Reforms was Chaired by Shri. PS Rammohan Rao IPS, former governor of Tamilnadu, Shri Jayaprakash Narayana Retd IAS, Shri Ranvir Singh, Former Vice Chancellor NALSAR, and Shri. MR Ahmad former Prisons IG. Shri. Kishan Reddy expresses concern over Rule of Law in the country and conveyed his wholehearted support to the conference. He also stated that BJP government under leadership of Shri Narendra Modi is commited to Rule of Law and Reforms to the CrPC and IPC. Shri. Rammohan Rao explained the importance of Rule of Law not just for the health of the society, but also for the economic growth and there by reduction of poverty and increase in employment.
IDAW SESSION on CHALLENGES TOMODERN POLICING
The first session of the Indian Democracy at Work Conference 2021 on Rule of Law saw a distinguished panel deliberate on ways of addressing the numerous challenges of modern policing. Shri K. Padmanabhaiah, Former Union Home Secretary, was the chair for the session, with him the panelists were Smt. Maja Daruwala - Senior Advisor, Commonwealth Human Rights, Shri Kamal Kumar, Former Director SVP National Police Academy, Mr Raj S Kohli, Chief Superintendent, Metropolitan Police London, Shri. Jacob Punoose, former DGP of Kerala and State Police Chief and Shri. V. N. Rai, former DGP of Uttar Pradesh.
Shri Padmanabiah began his address by stating that the police are tasked with the duty of enforcing the Rule of Law, failing which any state would regress to the status of a failed state. On the other hand, excessive use of force and coercion would turn the state to a police state. He then proceeded to give an overview on the experience of police reforms in India and broad areas in a dire need for reform. He continually appreciated the police reforms done in Kerala and suggested that every police force in the country learn from them. Smt. Maja Daruwalaspoke next on the issue of the public’s perception of the police, elucidating the pressing issue with references from various reports on policing. She stated that increasing negative perceptions must be immediately addressed. Shri Kamal Kumar highlighted the essential requisites of a modern police force that a vibrant democracy like India urgently requires. He also illustrated the issue of the inhuman and unenviable working condition of the police in India and that they should be immediately improved. Mr Raj S Kohli spoke about the differences between Indian Police and the police of the United Kingdom. He asked an important question in "we never ask the people how they want to be policed". Shri. Jacob Punoose started out by talking about how fear can never be a source of policing, rather the basis for policing should be co-operation and friendliness. He went on to emphasise that police should be friendly with the people firstly, which would be reciprocated by the people. He shared his experiences in community policing in the state of Kerala. Shri. V. N. Rai, former DGP of Uttar Pradesh, spoke about how the most essential parts of policing in recruitment and training are being neglected. Excess political interference and arbitrary transfers of police personnel makes policing job difficult.
The Second session of the Indian Democracy at Work Conference 2021 on Rule of Law saw a distinguished panel deliberate on ways of addressing the numerous challenges of modern policing. Smt. Aruna Bahuguna, Former Director of National Police Academy is the chair for the session, with her the panelists are Dr. Gandhi P.C. Kaza - Senior Advisor, founder of Truth Labs and prominent forensic expert, Shri M. Mahender Reddy DGP of Telangana State, Shri.Mohit Rao, Independent Journalist, and Dr. Vipin Mudgal, Director of Common Cause.
Smt. Aruna Bahuguna started with Internet of Things and Artificial Intelligence has a big role to play. Mr. Mohit Rao mentioned that police response to large unrest was mostly political and that the technological applications of police are mostly in urban and it is not being used in rural areas as much. He also talked about contamination of crime scenes and mishandling of investigations. Dr. Gandhi, top forensic expert shared his experiences on forensic investigations and expressed displeasure on the lack of budget, equipment and resources to tackle investigations and said that some cases are investigated for many years.
INAUGURAL SESSION on RULE OF LAW 20-02-2021
The much-awaited conference on ‘Rule of Law’ was flagged off today with its impressive inaugural session. The inaugural session was attended by Shri M.N. Venkatachaliah, former Chief Justice of India, Shri. D.V. Subba Rao, former governor of RBI, Dr. Jayaprakash Narayana, former IAS and founder of Lok Satta movement, Prof. B. Rajasekhar, pro-vice chancellor of Hyderabad Central University, Prof. Ashwini Chhattre, Director of Bharathi Institute of Public Policy of Indiana School of Business.
Dr. Jayaprakash Narayan started that Rule of Law was chosen as the theme for the conference with great optimism. A rational and pragmatic solution for the challenges plaguing the Indian judicial system can be found, and for that citizens must strive to be a part of the solution, and not a part of the problem. The aim of the conference is to bring together all stakeholders to find workable solutions and recognize that the striving for the impossible best is the enemy of the possible good.
Justice Venkatachaliah stated that looking at the arrears in courts points to deeper malaise in the country and such miscarriage of justice is not witnessed in advanced countries. He also added that approximately Rs. 2 lakh crores of equivalent is lost in the judicial process as wasteful man hours. Another important point he made was that many courts have less clarity on laws and statutes.
Dr. Subba Rao congratulated Foundation for Democratic Reforms for bringing out Advocacy paper 'Rule of Law' in the public discussion. He laid the context of how economic progress and Rule of law is interconnected and the former is only possible with the support of the later. He gave the example of how Singapore, Japan, Korea became prosperous in the last century. The speaker emphasizes that rule of law is a prerequisite for economic growth in any country. The speaker pointed out numerous incidents in which we encounter absence of rule of law.
Prof. Rajasekhar supported Dr. Jayaprakash Narayan’s point regarding the need to find optimistic, pragmatic, and practical solutions, and the need to focus on the practical aspect as the impossible best is often the enemy of the possible good that can be done.
Professor Chhatre started by congratulating Indian Democracy at Work for creating a common platform which will host more than 60 distinguished speakers over a period of week on the theme of 'Rule of Law' in India. He also stated that despite the conference being held virtually, it didn’t hold us back in terms of energy and enthusiasm to participate in this conference. He also extended thanks to all the panels and participants.
Friday, February 19, 2021
Thursday, February 18, 2021
Virtual seminar on ‘Rule of Law’ from Feb. 20
Hyderabad: A virtual seminar on ‘Rule of Law’ organised by Foundation for Democratic Reforms, UoH and ISB spread over eight days focusing on constitutional governance and democratic society is set to kick off from February 20. The seminar will see dozens of legal luminaries, thinkers and policy makers share their insights into the law and policing issues in the country spread over 15 sessions, said former legislator N. Jaya Prakash Narayana.
“When
Mahatma Gandhi was assassinated, the culprit was hanged within a year. But when
Rajiv Gandhi was assassinated it took 12 years for the final judgment. In the
Sunanda Pushkar case, it took two years for the DNA test,” said Dr. Narayana,
who is the force behind the organisation of the seminar.
“In the
Disha case they killed the culprits, but we are not sure innocents will not be
killed? The Vikas Dubey case is similar. We don’t have sympathy for the
criminal. But why these things are happening and how to stop them is part of
the seminar,” said Dr. Narayana.
“After
protecting our borders, the prime duty of the government is protecting citizens
of the country. If a government cannot provide the security to its citizens
then that government is useless,” said Dr. Narayana, who hoped that the seminar
will help policy makers improve the rule of law in the country.
“We have jungle of laws where the law of
jungle prevails. There is no dearth of laws in India. We have most number of
laws. But when it comes to implementing the laws then we fail,” said P.S.
Rammohan Rao speaking about the need to improve rule of law in the country.
Courtesy: The Hindu
Wednesday, February 17, 2021
INDIAN DEMOCRACY AT WORK CONFERENCE 2021 - Rule of Law
The following is the text of the Note issued by FDR/Loksatta founder Dr Jayaprakash Narayan along with Shri P.S Rammohan Rao, IPS (Retd.), former Governor of Tamilnadu, Prof. K.C Suri, University of Hyderabad, K. Sumedha, Shweta Chander, Vriti Bansal, Sruti Paturi and Keshav Reddy of FDR at the PRESS MEET conducted on 16th February 2021 (Tuesday) at Somajiguda Press Club, Hyderabad to announce the details and release of 'Rule of Law for 21st Century', a comprhensive paper for the upcoming 'Indian Democracy at Work' 2nd National Conference jointly organized by FDR, University of Hyderabad and Indian School of Business on "Rule of Law"..
CONCEPT NOTE
INDIAN
DEMOCRACY AT WORK CONFERENCE 2021
THEME: RULE
OF LAW
Rule of law
is the bedrock of constitutional governance and democratic
society. Maintenance of public order while preserving constitutional
liberties is at the heart of a harmonious society and democratic system. Fair,
speedy and efficient settlement of disputes at an affordable cost is critical
for mutual trust and economic growth. In a rapidly urbanizing society, control
of crime and maintenance of public order are critical. The
social controls that regulated human behavior in small rural communities become
weak and ineffective in urban communities with impersonal lives. Increasing urbanization will inevitably lead to more
civil disputes and crime. If might becomes right and crime and a
“grammar of anarchy” dominate, economic activity and wealth creation will be
undermined. Protection of individual property rights, fair and equitable
contract enforcement, creation and enforcement of just labour laws and
provision of access to opportunity for all sections of society, creates a
culture where commerce and business can flourish and grow. Rule of law and
economic growth are strongly interrelated and mutually reinforcing.
While we
have normative rule of law in India, in practice there are serious, and often
crippling distortions. Independent, accountable and efficient crime
investigation unaffected by partisan pressures and populist impulses is a
critical requirement in ensuring justice. Strong, independent and efficient
prosecution driving investigation and securing just punishment of wrongdoers is
vital for the criminal justice system to act as a deterrent. Speedy,
accessible, efficient trials in courts – both civil and criminal – are the
foundations of rule of law. In all these critical areas, our institutions
of rule of law are deficient in a variety of ways.
The police
forces have multifarious duties and are stretched to the limit. The number of
policemen per unit population remains low by global standards despite rapid
urbanisation and rise in crime. Political control of police personnel
undermines credibility of crime investigation and erodes public trust. The high
degree of centralization of functions in a single police force is a serious
impediment to the efficient discharge of their duties. Public pressure and
political control sometimes compel the police to resort to unwholesome methods
like third degree and extra-judicial punishments to produce short term results
to appease the public sentiment.
The brutal torture and murder of a father and son in Tamil Nadu
by the police for violating the lockdown restrictions a few months ago is a
horrific example of the arbitrary use of force and torture by the police forces
in India. Given the poor delivery of services at the cutting edge
level in government and the polarized and contentious public discourse, often
the governance and political failures are converted into law and order problems
imposing enormous burden on the police. Those
in power relish the power over the police forces and often use it for partisan
ends. Police are perceived often as tools of those in power, rather than
the instrument of law enforcement.
Delays have compounded the challenges to rule of law. When
heinous crimes occur, public pressure and political diktats are making police
resort to extra judicial killings of the suspects. This culture of mob justice
needs to be countered by an efficient and credible system of crime
investigation, prosecution and trial in a court of law. Or else, there is a
danger that we will degenerate into a society in which might is right.
Alarmingly,
there are fewer prosecutors in India than judges. This clearly reflects the
fact that despite the separation of prosecution from the police, the
prosecution wing is still unable to drive the investigation. This, coupled with
the many inadequacies of functioning of the police and courts has undermined
the credibility of our rule of law institutions.
As
Nani Palkhiwala observed once, the progress of a civil suit in our courts of
law is the closest thing to eternity we can experience. An independent and
impartial judiciary, and a speedy and efficient justice system are the very
essence of civilization. However, our judiciary, by its very nature, has become
ponderous, excruciatingly slow and inefficient. The only sanction to ensure
good conduct and to prevent bad behavior in society is swift punishment. In the
absence of the state’s capacity to enforce law and to mete out justice, rule of
law has all but collapsed.
Our laws and
their interpretation and adjudication led to enormous misery for the litigants
and forced people to look for extra-legal alternatives, in the process, giving
rise to a private industry for administering rough and ready justice. Local
hoodlums using strong-arm tactics to achieve the desired goals in almost all of
our cities and towns have been increasingly gaining political legitimacy. In
addition, the courts have tended to condone delays and encourage litigation and
a spate of appeals even on relatively minor matters. Delays, procedural
complexity, and use of English as the language of the courts escalate the costs
of litigation enormously for most people, deterring them from seeking
intervention of courts. Largely, there is a lack of trust in the efficacy of
the judicial system in delivering justice.
As a result
of the enormous delays in courts, the prisons are overcrowded, with more than
half of the prisoners being poor people incarcerated as under trial prisoners.
Basic liberty being denied to the poor due to inefficiencies within the justice
system is a fundamental failing of our democratic polity.
This disconcerting
situation calls for speedy remedial measures. These measures should be
practical and effective while they are in consonance with the basic features of
the Constitution. Reports of the Law Commission, Police Commission and
Administrative Reforms Commission
have eloquently made out a case for many specific and practical reforms to
strengthen rule of law. However,
little effort has been made to implement these recommendations. The second
edition of the Indian Democracy at Work conference aims to delve deep into the
challenges plaguing our judicial system with the hope of converting meaningful
conversations into definitive action.
A
centralized and partisan police force, a feeble and inadequate prosecution, a
slow and inefficient judiciary, and archaic and complex procedural laws that
have collectively led to the failure of the Indian justice system will be the
central themes to deliberate on in the conference.
Central
Themes:
POLICE
1. Separation of crime investigation
from political interference
2. Improvements in technology -
mobility, communications, computerization, and forensics and training
3. Recruitment and capacity building
a. Improving morale, competence and
public image of police
4. Community policing
PROSECUTION
1. Capacity enhancement of prosecution
2. Independence of prosecution with
competence
3. Empowering the prosecution to drive
investigation
JUDICIARY
1. Establishment of local courts to
reduce the burden of trial courts
2. Capacity enhancement
a. Strength of judges
b. Physical infrastructure and
technology
c. Court administration - support
staff, case management system
3. Clearing Pendency
4. Indian Judicial Service
5. National Judicial Standards and
Accountability for higher judiciary
6. Permanent Constitutional Benches
PROCEDURAL
LAW
1.
Code of Criminal Procedure, 1973
2.
Code of Civil Procedure, 1908
3. The Indian Evidence Act, 1872