Legal, but not judicious

Update: 2022-11-09 12:40 GMT

Legal accuracy and delivery of justice are two separate things and, sometimes, they may stand poles apart from each other. The recent acquittal of the three accused in Chhawla gangrape and murder case is a textbook example to substantiate this argument. Since the Supreme Court is convinced that there was not enough evidence to establish the commission of crime by the accused, one is not privileged enough to take the freedom to pass contrary judgement on the same. However, what one is completely sure of is that the culprits, whoever they are, are left to roam free. Justice remains elusive for the kins of the victim, despite them braving through a decade-long legal journey. The apex court averred, "as per the settled legal position, in order to sustain conviction, the circumstances taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability, the crime was committed by the accused only and none else." Noting that every case ought to be decided "on merits and in accordance with law" without any kind of "outside moral pressure", the court expressed its helplessness, stating that it is "left with no alternative but to acquit the accused, though involved in a very heinous crime." In principle, the Supreme Court's acquittal order is premised on two basic tenets of law — on the supremacy of legal provisions, and innocence until proven guilty. These are high principles, and their application cannot be contested, as they hold the potential to safeguard individuals against misuse of law. However, can the idea of justice be conceived without considering social mores, or social realities to be precise? Legality is a technical formulation, and society, in its functioning, deviates from the technicality. It is the idea of justice that humanises the law and creates a sync. It is true that court's decisions cannot be influenced by social mores but, at the same time, the judiciary has to be considerate enough to incorporate the larger social reality in its interpretation of law. Here comes the role of wisdom of judges, whose competency and intent have been undoubtable. Now, against the strictly legal perspective of the apex court, the kins of the family continue to be in shock. The mother of the 19-year-old victim said in very certain terms that they "have been betrayed by the Supreme Court." The father is uncertain whether he would be able to continue the legal battle anymore given that he has "lost faith in the justice system." Can the degradation of their faith in the justice system be discarded as an outpouring of emotions? Certainly not. The reality is that India's justice system, in this case, has no answers when it comes to tracing the real culprits. It is heart wrenching that after a decade-long fight, the parents of the victim are being expected to forget about the culprits, whoever they are. Whether it is the police's failure in carrying out an appropriate investigation, or the prosecution's failure in presenting the required evidence, it is the kins of the victim of the crime who have been paying the price all throughout. It simply shows on what pedestal the victim is put in India's justice system when it comes to proceedings of even heinous crimes like rape. Wrongly enough, the question all throughout was whether the accused can be convicted or acquitted; where was the victim side considered? The mere expectation that the traces of culprits can be obliterated from the entire scene shows that Indian justice system is still casual about rape crimes and rapists, and it is the victim who has to bear all the burden. The expectation also justifies why India is called the rape capital of the world! If your police and justice system is not good enough, reform it; don't expect the victim to pay the price. Parallels are being drawn between the present case and Nirbhaya case. Such comparisons don't make sense; one doesn't have to be Nirbhaya to get commensurate justice. Rape cases occur in India in plenty; and each victim deserves justice. The non-conviction or -tracing of the culprits is an indicator that the approach in dealing with rape cases is still in want of an overhaul in India. In the present case, legal routes are still open. Let's hope a review petition will be filed.

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