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The failure of
prosecution in a spate of cases in recent times once again focused public
attention on our justice system. Distinguished jurists as well as political
leaders and commentators are lamenting the near-collapse of rule of law,
resulting from failure of justice system - civil and criminal. As the economy is
growing at a comfortable 8% per annum, the limiting factors clearly are
infrastructure, productivity of labour and failure of rule of law. All these
three are integrally linked to governance. Nothing demonstrates the failure of
governance as the incapacity to bring the guilty to book, resolve disputes, and
enhance legitimacy of the state.
Typically, in more advanced democracies civil disputes vastly
out number criminal cases. But in India, despite the relatively low crime rate,
the pending criminal cases are twice the number of civil cases. This is
symptomatic of two dangerous trends:
First, most
civil disputes no longer go to courts, and people are either resorting to
extra-legal means for justice, or are swallowing injustice and suffering
silently. These "missing cases" are a manifestation of low level of
public confidence in formal institutions of justice.
Second, in
the absence of rule of law, increasingly might has become right. People are
taking recourse to violence and crime readily. The failure of civil justice and
the perception of weak law enforcement are
together accelerating criminalization of our society. As political office gives
ample opportunities to subvert crime investigation, many criminals are
increasingly taking shelter under politics. This has further undermined criminal
justice system, and weakened the state's authority significantly.
It is time we recognized the centrality of institutions of rule
of law in creating a climate conducive to fair competition and rapid economic
growth. The state's failure to resolve disputes and enforce contracts swiftly
and peacefully has inhibited investment and risk-taking. Worse still, it spawned
a whole new industry of providing rough and ready justice, often through violent
means. A combination of abject poverty, injustice and poor services are
undermining the legitimacy of the state, fueling Maoist violence and anarchy in
large pockets of the country. This corridor of Maoist insurrection, backed by
arms trafficking condoned by a corrupt and inefficient administration, poses a
serious challenge to stability and economic growth. Much needs to be, and can
be, done to restore the primacy of rule of law. The current climate of public
discontent provides an ideal opportunity to act decisively.
Warm Regards,
Dr. Jayaprakash Narayan |
