Friday, July 11, 2008

???

The Indian judicial system has gone to the dogs. The very poorly handled Aarushi murder case just goes all out to reinforce the fact that the police and investigating team in our country are useless and that the judicial system is disintegrating. The Indian police catch a tiger, beat it, flog it and nearly force it to admit that its not a tiger, but a cat. And the bloodthirsty media is waiting hungrily to devour every teeny bit of information they get (they're least bothered whether the information is a fact or a fib), so that they can blow it out of proportion and have it on every news channel, every newspaper. And the criminal lawyer who is defending the poor accused who is very evidently, innocent? He gives an impression that he has just about scraped through some third-rate law school and is trying his best to prove himself as a fairly good criminal lawyer so that he can earn his daily bread, but in vain. He's dumb. There's no better way to put it. He's incapable of answering questions and raising objections, incapable of doing what he is supposed to do, what he is paid to do. Ensure justice. I'm not surprised.
With all the lawyers in our country vying to earn big bucks in corporate firms, the sole purpose of law (which is, to ensure that there is justice) is lost. Every law school graduate is content with the mere thought of sitting at some corporate firm, as long as they're able to buy that snazzy BMW and all the latest gadgets. And justice? Who cares that the whole country is falling apart! We've spent every single day and night in law school freezing our asses over inordinately fat law books and absurdly tough assignments, and it was the prospect of earning the big buck that kept us going. Why should we defend some pathetic soul who has been wrongly accused of crime--a court case that is likely to drag on for years (knowing our wonderful judicial system), and we'd hardly eat three square-meals a day with the money we make for that. We didn't spend a fortune on law-school to spend the rest of our lives in penury!
And so, its only those 'incorrigibly dumb' people who don't snag a job at those million-bucks-paying corporate firms who despondently decide to opt for criminal law (out of no other choice). And whilst three fourth of these 'lawyers' defend the criminals (for money, of course. We'd do anything for money, wouldnt we?), the remaining one-fourth who choose to defend the innocent blink dumbly at everyone and choose to keep their mouths shut.
The lack of good lawyers in our country, in addition to the glorious judicial system that continues to prevail (and shall do so, for a long long time), all contributes to the backwardness of our country.
Dr. Rajesh Talwar, besides losing his only daughter (that was concieved five years after marriage, with the aid of some high-tech equipment, as his wife underwent some complications), also lost his job, his reputation, and everything that constituted his life. And the extremely inefficient, lazy police not only framed Dr. Talwar (with what they considered to be 'evidence', which was nothing but a couple of unanswered questions), but they also took pleasure in maligning the reputation of his family. The media just added fuel to the fire, but implying that Dr. Talwar was in an extra-marital relationship, and killed his daughter when he found her sleeping with the servant.
The lawyer, Mr. Pinaki Mishra, was incapable of defending his client. Al their appeals for bails failed, as Dr. Talwar was retained in police custody. The UP police were thrilled. The case was closed. Dr. Talwar murdered his child. They were least bothered whether he was guilty or not. They wanted to close the case. That's all.
The question is, isn't it always innocent until proven guilty? In this case, Dr. Talwar was evidently not proven guilty. He wasn't proven innocent either, but there was no strong enough evidence to imply that he had killed his daughter. Then, how on earth could his lawyer allow him to stay in jail?
Once the CBI took over the case, they were convinced that Dr. Talwar was innocent, but they couldn't let him get off immediately. They would only jeopardize the reputation of the UP police. So, they retained him again and continued their investigation.
No one was able to solve the case. It was a confession from the actual killer during the narco test that finally brought light. Until then, Dr. Rajesh Talwar was considered the murderer.
The next question is, if the real murderer had not owned up, then would Rajesh Talwar have been released from custody? I doubt. He was first of all wrongly framed, with absolutely no evidence, and after sensationalizing the incident so much, it was essential to close the case once and for all. The question of justice never arose. It all came down to completing the business.
That's what it all boils down to, ultimately.
Money. And doing the job. Not doing it correctly, but just doing it.
And whilst all the lawyers continue to march with the baton towards those corporate law firms that guarantees them the materialistic delights of life, we can watch our country collapsing. In glee.

Musings....

This is going to come out sounding very bitter and sardonic and if I do offend any patriotic 'I worship the soil we walk on types', I'm least bothered. While we've so far been looking at the world from behind rose-tinted glasses, it's time that (some of us) take them off and actually look. A few years back, Dr. APJ Abdul Kalam wrote a book titled Vision 2020 and said that by 2020 India will become one of the super-powers, and will even surpass US. Nearly a decade has passed since he said that, and our quest towards achieving that status has progressed very marginally, if it has progressed at all. While we believe we're living in a place that has offered us all that it could in its capacity, little do we realize that this 'capacity' has not yet been defined. And it probably never will.
Going back in time, there was the biggest debacle that nearly shook the flimsy foundation that this world is constructed upon. The world wars. It was the impact of the second World War (following the Treaty of Versailles signed by a defeated Germany) that dropped the biggest bomb. Back then, India was still under the mercy of the British, fighting for freedom, fighting for peace, with Gandhiji advocating non-violence and ahimsa, which is evident from the very fact that he touted tolerance in an open letter addressed to Adolf Hitler. Several other Indian leaders and politicians expressed concern over the rise of Fascism and Nazism and supported the British cause, as opposed to taking the neutral stance that they had always chosen, until then.
Either way, India was unscathed by the impact of the World War, which left the entire globe restless and panic-stricken. The fight for freedom continued, using the tools of peace and non-violence. And then, freedom was granted. Gandhiji and the other preachers of peace and non-violence were assassinated. The turmoil began. When the British evacuated India after stripping it of its wealth, penury prevailed. Post Gandhian era, India even broke its ethical code of non-violence (surprise!) by entering into war with Pakistan.
The newly constituted British-free government strived to elevate the downtrodden by implementing poverty-alleviation programs, employment schemes, and even including reservations for the backward classes in most education institutions.
The plight improved. But marginally.
Because, despite the initiatives taken to bring about the change, the very desire to be a part of a new and better environment does not exist. People dont want to study or work. Education is a burden. They'd much rather live. Just exist and then leave the earth. Then there are the class of people who want to enjoy opulence without working for it. They find illicit ways of making fast and good money, and they are the quittessential elements of corruption, dishonesty. And then, there are the middle-class people, who pinch pennies, acquire a respectable degree and earn a respectable salary at a 9-5 job. They're happy. They're able to afford meals and a roof over their head. It ends there.
The desire to bring about a change is lost under a flurry of selfishness, avarice and yes, even fear. Fear that if they speak out, they will be condemned to a life of fear, a life similiar to the famous writer, Taslima Nasreen, who even now fears to touch the Pakistan soil lest they chop off her head.
So the quest to continues, but in vain. Those who give up hope, gladly leave the country to serve a foreign land, whilst we continue to grapple with the basic task of shoving food down our throats.
Japan, is a classic example of a country that has strived to progress over the years. After combatting poverty and unemployment, they have started to see the better side of the world, whilst the Indian hyprocrites continue to brag about how their "rich culture and heritage" (ahem--We're somewhere at the top in AIDS, and we have politicians who follow bigamy and sometimes, god forbid, even polyogamy) compensates for the lack of overall development.
I hope I am not brutally slain for this post. Peace, all.