Barriers to Justice in India

Barriers to seek justice for minorities in India

 

There is no question of barriers to justice when you have perpetrators in position of power to administer justice, how do you expect them to go for extreme suicidal step of delivering you justice. As long as the power formation of the laws of the lawlessness will remain in existence and the state is perpetrator of crimes, there will be no justice. If you allow to be taken captive through hollow and deceptive philosophy of governance and justice against which your forefathers sacrificed their lives, then you deserved it.

 

The biggest barrier in seeking justice in India is the existing state and its attendant institutions of coercive criminal justice system of India that was founded by the colonial rulers and functions on the principle of deception and surprise. The foremost and time-tested principal employed by armies from around the world to win the wars is the principle of deception, to surprise the enemy. The moment enemy succeeds in surprising you to the extent that you perceive him your ally and protector; you are in the midst of a disaster for extinction. The communities that are victims of injustice in post-1947 India are all the victims of colonial India and the two most deceptive institutions of colonial state, the local militia, named as police & " the Indian judiciary " both of these institutions function and follow all the colonial laws, protocols and practices & workculture, that were designed to terrorise and brutalise the public to generate sense of fear and ensure wilful subjugation of communities, for unhindered economic exploitation and that’s what these two institutions have been deceptively doing. In the democratic setup of India both these institutions are mandated for delivering security and justice to the people but the past practical experiences of people on ground substantiate that security and justice is made first casualty by these very two institutions.

 

The blueprint of these injustices was made by Benjamin Franklin while writing the rules of colonialism, where he says however peaceably your colonies have submitted to your government, shown their affection to your interests, and patiently borne their grievances, you are to suppose them always inclined to revolt and treat them accordingly. Quarter troops among them, who by their insolence may provoke the rising of mobs, and by their bullets and bayonets suppress them. Whenever the injured come to the capital with complaints of maladministration, oppression, or injustice, punish such suitors with long delay, enormous expense and a final judgement in favour of the oppressor.

The Sikh community, the community of warriors, the community that was founded to fight injustice, finds itself as the worst victim of injustices perpetrated not only by political families of majoritarian Hindu community but also by both of these deceptive institutions of police & the alleged Indian judiciary for having raised its voice against injustice and these deceptive institutions have dealt with the Sikh community in accordance to the colonial work culture of terrorising and brutalising the complainants of injustice and advance the agenda of the oppressor state.

 

The exploitative regime of colonialism, functions on the principle of denying the principal identity of communities by decimating it, through brutalities & terror and by killing the community leaders and to implement this strategy, it protects its criminal institutions through the laws of lawlessness and that's what, post 1947 India has been witnessing. The Sikh community perceives itself as the victim because it raised its voice against injustice and corruption organised itself to democratically challenge the state to demand its rights and the colonial state and its autocratic ruler family that had been nurtured and planted to assume the power deliberately created the circumstances and used the might of Indian army to eliminate this purported threat to the sovereignty of India .but Sikh community should not forget that same treatment is administered to that every community that has its distinct identity and which raises its voice against corruption, injustice and perceived as threat by the existing state.

 

The insurgency of Nagaland happens to be the oldest insurgency in the country dating back to 1960s. The 21 states of India are under the shadow of another insurgent movement in the name of naxalites where unarmed villagers are being killed in the criminal acts of security forces on regular intervals and community leaders are being tortured to death. The people of Kashmir have paid a heavy price with their lives and properties for having raised their voice against injustice and corruption of exploitative regimes but still it continues unabated. The extra constitutional laws, created by the autocratic rulers of post-1947 India who had assumed the powers of governance from Britishers have kept on succeeding in maintaining status quo by enacting new laws of lawlessness use of Indian army by a state that remains on war with its own people all the time is all part of the post colonial colonialism that perceives Indian society, only through the prism of the ruler and the ruled. The exploitative regime of this post 1947 colonialism has its own social order of the ruler and the ruled and any community or individual, who so ever will endeavour to destabilise this social order will be killed by the state forces or through judicial murders and it is continuing unabated.

 

It is the biggest propaganda and fraud of 21st century when India claims itself as the world's largest democracy. On the eve of departure from India, the British Rulers handedover the colonial power structure to those political people who were broughtup and conversant with British culture and British value system. and had been acting middleman to diffuse the pressure on colonial rulers by channelising the energy of revolting public from grassroots. This Political leadership with complete loyality to its British Masters not only continued all the antidemocratic laws, rules regulations and protocols and practices in post independent India, they adopted harshest parts of British laws(Government of India Act 1935, Defence of India rules 1910 and redrafted as Defence of India Act 1915) while writting democratic constitution. All those people who were educated and broght up with British education and language wrote democratic constitution of Independent India with antidemocratic laws in tandem.In the name of democracy, India though adopted electoral system but it has continued all the colonial laws of lawlessness and its complete governance apparatus including deceptive judiciary that functions on the principles of absolute discretion and complete immunity to accountability and sole reason of endemic corruption and injustice to its people. It is the judicial corruption and exploitation of governance apparatus protected by local militia in the form of police and Indian army that has led to the emergence of new class struggles in the country.

Nowhere in the world, justice can be dispensed to the people through the laws and the language that remains alien to the social fabric of that society. The Indian judiciary is still following all the colonial laws that were created by Britishers and worded and structured in a way that gives absolute discretion and liberty of interpretation to suit it to its arbitrary judges and accordingly the judicial officers take full advantage of these laws to advance the agenda of state actors/accused and fulfil own vested interests and inflicts injustice to the complainants. The rampant corruption prevalent in judiciary and the police has led to the rejection of both these institutions by the common man on the street and victims of violent crimes keep dying due to public apathy that emanate out of public distrust on these two institutions. As a matter of practice, where ever state actors have been found to be involved in extrajudicial killings or fake encounters the accused persons are allowed to die their natural death before justice is dispensed in such cases. All the cases of corruption or injustice filed against the state actors or even the criminal cases of henious crimes or even rape and murder remain pending in the courts for decades that give advantage to the criminals and inspire their confidence on the courts and the rise in the number of such crimes on the streets is directly attributable to judicial corruption.

The politically elected representatives that are made accountable by public every five years do not have an independent capacity, experience, specialisation & visualisation to bring institutional and structural changes to democratise the existing apparatus and completely bank upon the bureaucratic machinery for policy formulation and this bureaucratic machinery remains on the spree to get enacted Draconian laws to crush the voices of political dissent that are outcome of the conflict between the Democratic aspirations of the people and the existing governance apparatus and its laws.

 

 

In such a state of crisis when complete Indian nation is coming in direct conflict with its ruling class, comprising of corrupt political leadership, bureaucracy, judiciary and corrupt media, the onus lies on those community leaders of character and integrity, who can make personal sacrifices of their time and money and organise communities to save Indian society from the onslaught of state institutions and strengthen the political leadership with evidence-based informations for policy formulation for repealing of antidemocratic laws and democratisation of all the governance institutions including police and judiciary. Till such time many more innocent people may have to fall victims to not only injustice and corruption but judicial murders by Indian states and its coercive judiciary and we may have to accept it for having reposed our trust in deceptive institutions and hollow philosophy of establishing the world’s largest democracy.

 

Lengthiest Constitution;Fraud in the name of democracy

The lengthiest Constitution in the world; The largest fraud; does it evolve democracy

"Colonies will not cease to be colonies because they are independent", this prophecy of Benjamin Disraeli made on 05th of February 1863 at the impending American Civil War, proves hundred percent truth in relation to India. The foundation of this largest fraud of the century called world’s largest democracy as founded by the Congress was laid by none other than India's first prime minister in the form of existing constitution.

 The supreme sacrifices of lakhs of patriots who came from poor working class of Indian peasentry and their trust was betrayed by the elitist political leadership implanted and nurtured by colonial rulers. The views of shri H.V.Kamath, who was member of the constituent assembly, are adequate to describe this document, he said it in a sanskrit  sloka dedicated to this constitution that means " we had began to create Lord Ganesha, but ended up making a monkey" so the citizens of post-British India are all but victims of this monkey justice being dispensed by complete governance apparatus and outcome is the emergence of new class struggles in the country and organised state violence against the unarmed citizens and complete denial of justice to the victim's across the country.

The communities of the Sikhs & the muslims became worst victims of communal politics perpetuated by the colonial congress that gave birth to communal politics based on division and deception. The Congress sponsored attack of Indian Army at the holiests of Sikhs shrines on the pretext of driving out holed up militants and its byproduct BJP attacked a mosque for being in majoritarian mob to exploit Hindu vote bank sentiments, though there were neither militants holed up nor the arms.

The post British India got divided into three classes, the rulers, the ruled and the pimps. The strategy adopted to perpetuate the slavery is to isolate the community that raises its voice and project them as separatists and threat to national integrity, use planted operations to induce violence with excessive use of force to provoke public protests and provide shield of immunity to accountability for state brutalities and keep robbing the working class with odious taxes to maintain huge security establishment and grandeur of the all holy cows called organs of democracy.

Deception is one of the most powerful tactics being adopted by even the strongest of the armies to defeat the adversary and this element of deception was perfectly used by the Congress and its English leaders who pretended themselves to be Indian but were in fact the product of the vision and values of Macaullay and succeeded in deceiving the Indians with a constitution, that has all the Democratic values confined only to the 1^st paragraph of its preamble but beyond it, there's nothing but all antidemocratic provisions. The provisions adopted from the defense of India rules 1914, the harshest part of government of India act 1935 and perpetuating the colonial laws and the colonial institutions has further compounded the problems of post-British Indians.

The complete governance apparatus, founded by the Britishers was with the objective of territorial control and economic exploitation of masses. The protocols practices were designed to be authoritative and ceremonial to keep people over awed and have a sense of fear from the state functionaries. The element of deception in every state institution remain so strong that covertly these institutions agenda is completely opposite to its overt principle of functioning.

 The laws relating to the standards of acceptance of evidence, the powers of arrest, search and seizure and even depriving a person from his life, denying the people to assemble, denying the freedom of expression and providing complete protection from prosecution to the state functionaries for their criminal acts are some of the most important features of these laws that reduced the status of a citizen of democracy to that of a beggar or a slave when pitted against the state functionaries. The protocols and practices of colonial judiciary were also designed to prolong the trials to covertly, punish the complainants with enormous expenses and delays and give advantage to the oppressor and it continues in post-British India too.

Whether Anna or Ramdev or Arvind kejriwal, above antidemocratic provisions have been ruthelessly used to crush the democratic voices and all the state acts of brutality have been covertly protected by not making real culprits accountable by the judiciary.

.The constitution of India of 1950, one of the longest ever framed for an independent country and adopted on 26 January 1950, contained 395 articles and eight schedules in 251 pages in its official version in English language turns out to be a paradox for democracy.

We will peal off the layers of this fraud one by one by starting from the constituent assembly itself. The members of the constituent assembly had in all 217 members, out of which 15 were woman. These people were basically the elite and were never elected by the people and never represented the true spirit and aspirations of poor Indians. These members were but elected by sitting members of already existing provincial legislative assemblies that were set up under the government of India act 1935. The representation was on the basis of one member for each million and it laid the foundation for the denial of justice to the Muslims and for that they have been paying heavy price.

 All the challenges that are being faced by the citizens of India from the governance apparatus comprising of the executive, legislature & judiciary , emanate out of this largest constitution of world that was described as “wastepaper” by seth Durga swaroop from central province on 19 November 1949 in the constituent assembly debates.

The apathy, corruption, criminalisation & impunity are the fundamentals gifted to Indians by this constitution by having watered down the fundamental rights. The centralised power formation, the draconian powers, vested in the hands of the President in the form of, emergency provisions, the division of powers between the centre and the states and keeping the constitution devoid of detailed role, responsibility & accountability of state functionaries, laid the foundation of pernicious corruption that was further compounded by the perpetuation of colonial criminal justice system.

Shri HV Kamath (central province & berar, general) the member of constituent assembly , very clearly said that " the drafting committee had a soft quarter for those feminine dignitaries who will preside in those temples of justice and not to the humble votaries in the temple"with regard to the equality existing in the provisions of constitution for the state functionaries and the citizens of this potential democracy, he said "As regards the equality, we find that there are some provisions which confer the same equality as we fight between a cat and a mouse, of a horse and and an ass", regarding fraternity provisions he said "As regards fraternity, I feel that we have shown fraternal love and regard for the permanent services, especially the higher services as well as the higher dignitaries of state to whom I have already referred"he was very hopeful while concluding his speech " A time will arrive when India is stabilised and strong, and I hope we will then go back to the original plan of the panchayat raj or decentralised democracy".

But today we the ordinary Indians from Kashmir to Kanyakumari and Punjab to Nagaland stand as the worst victim's of India's permanent colonial services, the institutions that are making security and justice to the common man very first casualty. The antidemocratic provisions existing in the constitution have provided the citizens of India a class of rulers comprising of the elected representatives, government servants, employees of colonial judiciary and armed forces that are completely devoid of direct accountability to the masses and using the state institutions to crush the Democratic aspirations and Democratic voices of the victims of injustice and corruption. All the state functionaries who derive not only their sustenance but luxurious lifestyle full of grandeure and pomp and show from the taxpayers money, remain on a spree to further enact the laws that can provide them immunity to accountability and further create environments to deprive the common man from participation in the democratic process.

The highest threat to contemporary India, doesn't come from the hostile forces beyond India's borders but from the existing state functionaries and especially the political class backed by the security and justice sector. If india disintegrates, it will be due to the injustices and corruption perpetrated by the existing state functionaries and we stand on the crossroads of liberty or division being thrusted upon us by none other than the existing rulers on the ruled.

It is a time for us to rewrite the democratic constitution of India to give the liberty to the enslaved and divided Indians, enslaved and divided by the Congress for 55 years and its byproducts, the other communal political parties rest of the time.

Had the colonial judiciary and the laws of lawlessness been founded to dispense justice to native Indians, all the colonial rulers would not have been able to go back alive to England with huge wealth but hanged in India itself with confiscation of their assets too.

 But unfortunately in spite of 65 years of their departure, the common man of India is still the victim of deceptive constitution, deceptive coercive criminal justice system and deceptive state.

The root cause of this 200 years of slavery is though the constitution, but it is the colonial judiciary that is at the helm of this rot, though this institution has been completely rejected by the common man but still he fears this institution and pretends to respect this wild bull as a holy cow, it is time for us to tame it by democratizing it by rewriting the constitution, by repealing all the colonial antidemocratic laws of lawlessness and enacting our own laws with the participation of people from the grassroots and create an India that deserves post colonial colonialism but democracy..