We can use many aphorisms to describe India’s judicial system. In India, Justice is figuratively blind and justice is delayed hence denied. Judiciary is the highest guardian of the constitution and it has the power to test the constitutionality of any law passed by the legislature. However, the Judiciary in India is nepotistic and controlled by a few families and their close connections.
The judges are mainly from the so-called upper castes. The SCs, STs, and OBCs are not represented in proportion to their population in India. Babasaheb Ambedkar called Article 32 the heart of the constitution. The Article 32 gives constitutional remedies when the fundamental rights are denied. In Saharanpur, the Dalits were massacred by the Hindu Yuva Vahini, the militant-terrorist outfit of the Thakurs founded by Adityanath, the current Chief Minister of UP.
The massacre took place with the tacit support of the state is evident from various reports. The peace loving followers of Babasaheb Ambedkar used all important ways to deter the thakurs from violence. The remarkable trust of the followers of Babasaheb Ambedkar in the constitution, law, and peaceful response does not let this community to go for the open war waged against them by the caste-terrorists, and they filed plea in the Supreme Court of India for an urgent hearing in the anti-Dalit violence in Saharanpur and to set up a Special Investigation Team (SIT) headed by a sitting high court judge to investigate the violence.
The Supreme Court bench comprised of L. Nageshwar Rao and Navin Sinha rejected the plea.
Adityanath has many criminal cases against him for instigating violence and for creating the communal divide. He got respite due to a funny legal-political loophole that makes Adityanath allow or prevent prosecution against himself. Who would self-incriminate? Such is the state of law and justice in this country that the plea to investigate violence is rejected.
The judiciary is biased and controlled by the upper castes. It is anti-SCs, anti-STs, and anti-OBCs.
Otherwise, who in the right frame of mind would put a cap on reservation citing the merit? The SCs, STs, and the OBCs are intelligent enough to run the Government and all its organs by themselves. It is the caste system that creates a mechanism which ensures that only the so called upper caste reaches to the top. But the inhuman and unjust rejection of the community’s plea for justice and inquiry is a blot on our judicial system.
In a democracy, the checks and balances are important and the law is supreme. No person can rise above the laws. Be they the Chief Ministers or Prime Ministers. The law of the land is supreme. Whatever are the current issues with the politics in the USA, it has at the least been able to offer legal checks on Trump and he has been defeated through the courts and independent commissions.
The Supreme Court as the guardian of the Constitution must act. The RSS/BJP Government is limiting the judiciary and keeping a check on it. Over 100 seats are vacant in the upper courts and there are no signs that they will be filled up. The Right to Information is gutted and the government of the day is reluctant to provide information.
The Article 17 of the constitution made the practice of untouchability illegal and to prevent and protect the SCs and STs from the violence of the Caste Hindus, social legislations came into existence, the most effective among them was to be Prevention of Atrocities Act, 1989. It has just become a paper tiger which does not growl or bite.
The state Government headed by Adityanath is not going to take action against Hindu Yuva Vahini founded by himself. One can imagine the terror instigated by the state and its private militia. It is a recipe for “Gujarat” violence of 2002 which was presided over by the current PM, Modi, then the CM of Gujarat. Rioting is the way to power in the Hindu terror scheme of politics. Adityanath is just following this trajectory to perhaps become PM after Modi to make Hindu Rashtra. The OBCs, the SCs, and the STs, and Minorities must run for the cover, but where, if not in the shadow of justice and constitution? If that constitutional cover is denied, India will be a liminal state stained by the blood, sweat, and tears!
Author – Mangesh Dahiwale, Human Rights Activist