CJI NV Ramana shows the path for judicial reforms

Obviously, perturbed by the pathetic situation prevailing in the field of law and judiciary in the country, the Chief Justice Of India (CJI), NV Ramana, has chosen to go public and voiced his grave concern for total overhaul of the system. Off late, the CJI without mincing words has advocated 'the Indianisation' of justice delivery system and overhauling the entire mechanism involved at various stages of judicial administration.

The CJI also expressed his displeasure at the lethargic attitude of the government in filling up of judicial vacancies, which is one of the major causes of delay in disposal of pending matters before the courts.

He also has favoured the idea of giving 50 per cent reservation in employment to women. Recently, he came down heavily on police forces who at times prefer to dance to the tunes of respective governments, and advised the police personnel against likely serious consequences of such attitude after the change of the government.

The present CJI, known for his outspokenness, deserves a pat on the back. In the present scenario of his valid outbursts, he has also taken care to see that the respect and majesty of law remain intact. This is evident from the fact that he has not only favoured the idea of judicial independence, but also warned such elements, who belittle the judiciary and judges, of getting tried under the Contempt of Court.

Hope, the wise counsel of the CJI gets the paramount consideration by the governments at the States and the Centre and the law makers. Today, the man in the street fails to understand the complex procedure of dispensation of justice which takes years together. Indian languages, including Hindi besides, of course, English should be permitted to be used at all levels of judiciary. The laws should be simple and unambiguous so as to eliminate unnecessary litigations on technical points. Time bound disposal of cases must be provided in the civil and criminal procedures and any deviation from such prescribed time limit should be viewed seriously. Further, in order to utilise the vast resource of qualified lawyers available in the country, a system of pre-emptive judgment delivery should be created. This will reduce the number of cases being filed considerably. The services of young as well as experienced lawyers can be gainfully utilised to render legal advice either free of charge or against the payment of nominal fee. They can function on par with "Mohalla Clinics" now working in Delhi and could be an extension of Lok Adalats. Such an arrangement will sound a death knell for the superfluous NGOs working under the guise of charity, and fleecing the gullible public.

So far, as the functioning of the police at large is concerned, to say the least, the CJI has used the most restrained language. Considering the fact that far from being efficient, meritorious and impartial, our police forces enjoy the dubious distinction of being a hand tool of politicians in power and other people having money and muscle power. The popular slogan of 'people friendly police' has been quoted often as a joke in the society. And it is a great paradox. In this matter neither the CJI nor the legislatures can do much. It is only the inner soul of police personnel that can set them right.

No bar to 'Bala Sanyasa': Karnataka HC

Considering the aspects of constitutionality and other legalities of the practice of appointing a minor as Swamy, the Karnataka High Court on September 29, held that there was no statutory or constitutional bar against a minor becoming a Swamy. A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum observed: "In other religions like Buddhism, children of tender age have become monks. There is no rule as to on which age Sanyasa/Bhiksha can be given. Also, there is no statutory, much less constitutional bar on a person less than 18 years being initiated into Sanyasa."

The bench also observed that the courts are not meant to write religious text and added, "However, they are under an obligation to follow the religious texts in the matters dealing with religious disputes and follow all practices which are prevalent in the religion, as long as they do not violate the Constitutional rights of individuals."

The instant case titled 'P Lathavya Acharya Vs. State of Karnataka and others was a challenge to the appointment of minor as a Swamy. The contention of the petitioner was that forcing a minor with doing what is not suiting his age amounts to 'imposing material abandonment' on the child, which is in violation of Article 21 of the Constitution.

Madras HC goes tough on political parties

Adopting a tough posture against political parties and communal, linguistic or ethnic groups who indulge in violence and damage public property during agitations, a single bench presided over by Justice SM Subhramaniam directed the State government of Tamil Nadu to initiate stringent action against all those who were responsible for violating the Fundamental Rights of ordinary citizens and destroying or causing damage to public property.

Delivering the verdict on Pattali Makkal Katchi v/s the Additional Chief Secretary and others, the court, while refusing to quash the proceedings initiated against the petitioner party in relation to the 2013 agitation under the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, observed: "The voiceless majority citizens are tolerable even while their Fundamental Rights are violated. They are forced to suffer, which results in unconstitutionality, for which, the State is accountable and bound to initiate action against all such persons, who are responsible for such violations of Fundamental Rights of the common citizen."

Hope, this message of the High Court, which is as clear as sunshine, reaches the people in power in the right perspective in the interest of democracy.