India’s Legal System - Can it be Saved?
The Prime Minister released Mr Fali Nariman’s book ''India’s Legal System - Can it be Saved?'' He said, “I was struck by Shri Fali Nariman’s remarks about how the legal system should deal with those who operate with intent outside the framework of the legal system, like terrorists. So what do we do? He has suggested many remedies. I urge our legal experts, our administrators, and human rights activists to study his ideas and suggest ways in which we can improve our criminal justice system.
Nariman points to the fact that in India, less than 45 per cent of the accused charged with serious crimes, including mob violence, are eventually convicted. The corresponding figures for countries such as the UK, USA and France are over 90 per cent!
Among the other problems related to the criminal-justice system that he talks of are outdated laws, lack of a comprehensive scheme to pay compensation to victims of crimes, lack of an effective crime-control model, fallibility of judges, etc.
"Victims of acts of terrorism are not to be treated as mere victims of some tortuous actions and given ex-post facto benefits evolved by the legal regimes in the form of socialisation of risks," hesays in the book.
There are over eight lakh practicing lawyers in India — after the United States, our country has the second largest legal profession in the world. But how are lawyers and the judicial system in India perceived today? It is no secret that the very thought of facing the courts in India leaves the common man with a sense of dread and despair; cases drag on interminably, and justice sometimes seems like an afterthought. Who or what is responsible for this situation? Where have we lost our way? It is at times good to see ourselves as others see us, and the picture is not a very flattering one, argues Fali S. Nariman, renowned constitutional expert, practising lawyer and president of the Bar Association of India. In this frank and thought-provoking book he realistically appraises the performance of those in the profession and what they need to do in the years ahead, and addresses some home truths about our country’s legal system.