Law and Justice

The Constitution of India invested powers in the legislative bodies such as Parliament, state Assemblies, Corporations and the village Panchayats to make law within their territorial jurisdiction. There are mainly two types of laws namely substantive and procedural laws. The former determines right whereas the later lays down the procedure to be followed by law enforcement agencies and the court. The court function is to adjudicate the matter whenever a case, either criminal or civil, is brought before it. In the civil cases the court determines the right in favour of one of the litigating parties whereas in the criminal cases the court either convicts or acquits the accused. The high court and the supreme court of India has power of judicial review i.e. power to determines the legality of the law/act made by the any legislative body within their jurisdiction.
To maintain law and order is the foremost function of the state. The police investigate crime and bring the culprit to the book. Hence the police play an important role in the criminal cases as an investigator. The power of police has been described in the code of criminal procedure, 1973.
In India police enjoy least respect in the society because of its shaky integrity and dishonesty. Even in the British period the lower police officials were condemned for their dishonesty. The police are infamous for their brutality, unpolished behavior, partiality and least regard for human rights. Unfortunately the government has failed to shed the old image of police by introducing reforms in the police system. Although many times the matter relating to police reform has been raised, however the government is continuing the colonial trappings of police.
The criminal law in India is pro accused except in dowry death case where law is pro prosecution. No accused is guilty unless held guilty by the court. The onus is on the prosecution to prove the guilt beyond reasonable doubt. In India the police often use third degree method to procure evidence. The police hardly use scientific method to collect evidence unlike their counterparts of the western countries. Many of the lower level police officials are corrupt and the get allured by money. There is lot of political pressure on the police officials. Therefore a case is rarely investigated fairly and objectively. The result is obviously in favour of rich and influential.
The justice has become a mirage for the common people. Most of the procedural provisions are dilatory. The common people tremble when they hear the court and the police. How long this type fear psychosis will continue?
------- Radha Krishna Kumar