{"id":53153,"date":"2019-10-16T15:29:09","date_gmt":"2019-10-16T09:59:09","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=53153"},"modified":"2019-10-16T15:29:16","modified_gmt":"2019-10-16T09:59:16","slug":"answered-what-do-you-understand-by-basic-procedural-justice-discuss-how-india-as-a-society-failed-to-deliver-basic-procedural-justice-especially-to-poor-and-weak","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-what-do-you-understand-by-basic-procedural-justice-discuss-how-india-as-a-society-failed-to-deliver-basic-procedural-justice-especially-to-poor-and-weak\/","title":{"rendered":"[Answered] What do you understand by \u2018basic procedural justice\u2019? Discuss how India as a society failed to deliver \u2018basic procedural justice\u2019 especially to poor and weaker sections?"},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction. <\/strong>Contextual Introduction.
Body. <\/strong>Poor basic justice in India. What should be done?
Conclusion. <\/strong>Way forward. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

Basic procedural justice is an elementary form of justice that involves fair procedures to provide justice to the victims. Procedural justice is the idea of fairness in the processes that resolve disputes and allocate resources. Procedural justice concerns the fairness and the transparency of the processes by which decisions are made, and may be contrasted with distributive justice. Unfortunately justice in India is being flawed in many instances, especially for weak and poor people.<\/p>\n\n\n\n

Poor basic procedural justice in\nIndia:<\/strong><\/p>\n\n\n\n

  1. Miscarriages of justice run the\nentire gamut of the criminal justice system in India. Be it the police,\ninvestigators, advocates, media, even the judiciary, the weak and powerless\nfind the system stacked against them. <\/li>
  2. Filing an FIR is a struggle.\nEvidence is often tampered with, either deliberately or through callousness.<\/li>
  3. The judiciary too is losing\ncredibility. By the time the acquittal occurs, many years is being passed, and\nan innocent person’s life, and reputation are ruined.<\/li>
  4. Victims of crimes who are prosecuted\ndon’t get justice fast enough, if at all. While people implicated in cases or\nfacing trial have the constitutional right to defend themselves; those rights\nare routinely negated.<\/li>
  5. People look up to the judiciary as\nthe last bastion which corrects the wrongs of the executive and legislature.\nBut the biggest area where it has failed is the criminal justice delivery\nsystem. <\/li>
  6. Poor people have little or no means\nto defend themselves, and therefore they become victims of the system. <\/li>
  7. The system is unfairly skewed, a\nlarge majority of the Indian population is poor and underprivileged and don’t\nhave access to justice. There are so many cases where the quality of legal\nrepresentation people receive is pitiable.<\/li>
  8. There’s also inordinate delays in\nforensic labs sending reports. Forensic labs in our country are limited and\nterribly overworked. Forensic reports have to be given instantly.<\/li><\/ol>\n\n\n\n

    How justice should be ensured to all\nespecially poor?<\/strong><\/p>\n\n\n\n

    1. There must be a compulsory\ndepartmental enquiry, particularly where acquittals happen and judgments are\npassed challenging the findings of the investigating team, either on grounds\nthat somebody was framed or some evidence was fabricated. That departmental enquiry\nreport and action taken report must be placed before the court that passed the\njudgment.<\/li>
    2. Setting up fast-track courts and\nbenches to speed up pending cases.<\/li>
    3. A plan to increase the strength of\nthe judiciary fivefold by expanding recruitments on all levels and ensuring\nproper training and surveillance of new appointees.<\/li>
    4. Keeping the courts open 365 days a\nyear. This, of course, is a long-term goal but one that needs to be seriously\npondered upon.<\/li>
    5. Revision of old laws and\nregulations. More than a thousand of India\u2019s laws date back to the British Raj,\nsome of which are mere loopholes in the workings of the court and thus must be\ndone away with in order to ensure that justice can be served quickly and\neffectively.<\/li><\/ol>\n\n\n\n

      The mess in the justice system only ends up harming the interests of the nation. That is why it becomes even more important for the government to solve this crisis. The success of Indian democracy, eventually, depends on this crucial intervention.<\/p>\n","protected":false},"excerpt":{"rendered":"

      Demand of the question Introduction. Contextual Introduction. Body. Poor basic justice in India. What should be done? Conclusion. Way forward. Basic procedural justice is an elementary form of justice that involves fair procedures to provide justice to the victims. Procedural justice is the idea of fairness in the processes that resolve disputes and allocate resources.… Continue reading [Answered] What do you understand by \u2018basic procedural justice\u2019? Discuss how India as a society failed to deliver \u2018basic procedural justice\u2019 especially to poor and weaker sections?<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-53153","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/53153","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=53153"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/53153\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=53153"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}