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.