09/01/2019
The reformative theory of Law and the reality-
This is a matter of proud that the Indian Legal System manifests the Reformative approach of punishment. It means the ultimate approach of legal recourse is to reform and rehabilitate the offender . That's why cognizance is taken of offence. That is our theory. Theory of a Welfare State.
Now the little experience in legal practice I do have, has compelled me to write the present article on reality of Indian Sociolegal System
I have witnessed only the Poor, deprived and the weak, being subjected to law and legal consequences.Law doesn't command the powerful and the rich...infinite examples are there.
Even focussing only upon the subjects of Law, We have been witnessing Judicial bankruptcy phase, the element of justice is gone missing . From lowest to the apex level, the expression "justice" has been substituted by job, promotional aspects, personal reservations and corruption, Judicial negligence, judicial overreach, or even judicial incompetence .
What disturbs most is that the true accused couldn't be brought to the door of justice in maximum cases, even if they are booked, the procedure of law I.e investigation, inquiry, bail, trial, appeals etc .....None of the stages manifest the Reform or rehabilitation of the accused/ convict.
There is a fixed procedure, fixed directions of superior courts and fixed approach of Courts for every nature of offence.
No research, no new theories, no new approach, nobody has no time to think of alternative. An offender is left to meet his fate and victim is left to suffer in the interest of justice. Neither the offender gets reform, not the petitioner gets justice....
Judiciary as an institution has stopped breathing. Last known theory propounded by our legal System was in UCC case, that was doctrine of absolute liability.
What our judiciary has to offer on reform and rehabilitation of offenders ....is a realty check of Indian Jurisprudence.
Too many laws are creating too many evils, no positive data for reduction of crime is there..this is an alarming situation for the legislature and for the Judiciary.
