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JUDICIAL DEACTIVISM - Judgement or an AppeasementBY: manoja patra | Category: Issues | Submitted: 2010-10-09 09:39:20
People of India have their faith more in judiciary than executive and legislative. It is because the former always guides the latter whenever any difficult situation come, through its advisory role as well as check and balance mechanism. Whether it is about the protection of human rights or arranging maintenance for a divorced Muslim wife, in the famous SAHA BANU CASE, the judicial activism become the watch word of common people in INDIA. In this respect quo-warrant, mandamus, certiorari, habeas-corpus, prohibition and certiorari are worth mentioned. But now, the situation appeared to be reversed because of corruption, politics and nepotism in judiciary. Even the situation in judiciary so worsened that one chief justice of INDIA have denied to generalise his assets by claiming that CJI is not a public post rather it is a constitutional provision. Now he is the chairman of NATIONAL HUMAN RIGHTS COMMISSION ON INDIA. Hence the HRs in INDIA will be well protected under him. But the person at the zenith of judiciary failed to understand it is the people who is the source of all power of the constitution and it is the public money that went to the pocket of various judges. So the office of judiciary is coming under the jurisdiction of RIGHT TO INFORMATION ACT-2005, as it is said by our LAW MINISTER VEERAPA MOILLY. In a recent analysis, it is proved that not less than 20% of the judges are either corrupted or their judgments are open to external influences or kickbacks. Moreover they are not free from the colonial mentality of the BRITISH AGE. The conviction rate of judiciary is less than 5% but nobody wants to bring reforms into it which is more archaic than human. So common man' faith in judiciary is declining day by day. The costly judicial proceedings, the complexities involved in them and illiteracy finally made it a bond of paper of law than a judgment giving mechanism, The recent judgment on BABRI MASJIT DEMOLITION CASE, is the further example in this respect as it takes 60 years to announced just a verdict, that is compatible to justice delay is justice denied . But there is lot of appreciation and rejoice from all quarter of political parties and religious organizations on the verdict in which it divided the entire disputed place into three parts- one for Hindus, one for Muslims and the other for Nirmohi Akhada. For me the judgment is looking like more an appeasement than a decent judgement. It is also evident that it is morally influenced by politics than sentiments, evidences and impartiality. As when it is proved that before the construction of the mosque, there was a temple of RAM and the mosque was built on the relics of that temple. Henceforth the ground of impartiality, the place should be made free from any mosque as it have been hampering the religious susceptibility of the Hindus. , which is accepted everywhere in the world. When VATICAN is for Christians, MECCA for the Muslims ND ISRAEL for the Jews, then why not HINDUSTAN FOR THE HINDUS AND AYODHYA FOR GOD RAM AND HIS DEVOTEE. Wherever there is any mosque on the relics of temples , they should be removed to a safer place. That not only strengthens our secular image but also avoids any future confrontation between the Hindus and Muslims. If this decision is not taken now, we have to face the future consequences which is unpredictable than the present one. I think the verdict tells the voice of leading political parties of INDIA-CONGRESS, BJP, CPI etc. And so, they welcome it with appreciation irrespective of their previous stand on the matter. It is an another example of VOTE BANK POLITICS IN INDIA. It is not an end but a beginning of a new communal atmosphere rather a cold war within the country. Though the fire is extinguished, the smoke is there, but there is hope that the Hindus can go to the SUPREME COURT, the apex court in the country. Here I criticize the BJP, VHP, RSS, BD etc. who always tells to be the protector of Hindu culture of INDIA, for doing more polluted politics than make any effort to preserve the composite culture of INDIA. Now the entire issue is a dead chapter for them. But they should remember that HISTORY CAN REPEAT ITSELF and then the people of INDIA will not excuse them all. The quest for power is appeared more dear to them than morality and truth. To get material benefits they are now stood side by side with CONGRESS PARTY who was practically responsible for the partition and the generation of communal atmosphere in the country, as it is the last vestige of colonialism in INDIA. Finally, it is my call to all people of INDIA irrespective of their caste , creed, religion and so on, to accept bare truth than to do compromise for momentary gains, AS TRUTH IS ALWAYS BITTER RARELY SIMPLE. Last but not the least, it is my attempt to solve one of the burning contradiction of INDIAN SUBCONTINENT for which nobody have a clear cut answer to tell to write or hope, but I HAVE, JAY HIND. . . . . . . Article Source: http://www.writearticles.org/ About Author / Additional Info: Comments on this article: (0 comments so far)
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