<\/p>\n
News<\/span><\/b>: Recently, there have been bulldozing of residential or commercial dwellings of people. This incident has raised eyebrows over the <\/span>criminal justice system<\/span><\/b> and the menace of \u201c<\/span>Instant Justice\u201d <\/span><\/b>in the case of Indian society.<\/span>\u00a0<\/span><\/p>\n In the second half of the 19th century, criminals were given<\/span> instant justice <\/span><\/b>and <\/span>exemplary punishment<\/span><\/b>, that too publicly. For example, a criminal was stoned, beheaded or hanged to death in full public view.\u00a0 In fact, there were very few rights available to the person facing the \u201cjudge\u201d.<\/span>\u00a0<\/span><\/p>\n The understanding about the criminals, crime and punishment have changed with time. For example, LGBT people are not seen as deviants.\u00a0<\/span>\u00a0<\/span><\/p>\n The changes have been driven by changes in the value systems of society. The states have moved towards <\/span>civilisation.\u00a0<\/span><\/b>\u00a0<\/span><\/p>\n There have been changes in the sociology of crime and the rationale of society punishing the \u201ccriminal\u201d.<\/span>\u00a0<\/span><\/p>\n Civilised societies have also recognised the rights of the accused as part of natural justice. The \u201c<\/span>rights of a person<\/span><\/b> charged to defend himself reasonably\u201d<\/span><\/b> have been recognised as part of natural justice. <\/span><\/p>\n –<\/strong> For example, an accused is generally considered innocent until proved otherwise. He is provided a lawyer, and is given the <\/span>right to appeal<\/span><\/b> his sentence. <\/span>\u00a0<\/span><\/p>\n The civilised society is more <\/span>compassionate<\/span><\/b> towards a <\/span>delinquent<\/span><\/b>. It doesn’t want to destroy the soul and body of the criminal. But want to make him an integral part of the nation. Therefore, Nation-states that top the human development ladder have abolished <\/span>capital punishment<\/span><\/b>. In India, the courts award such punishment in the rarest of the rare circumstances.<\/span>\u00a0<\/span><\/p>\n In independent India, <\/span>instant justic<\/span><\/b>e<\/strong> has been <\/span>abolished<\/span><\/b> from the books but is <\/span>deeply<\/span><\/b> entrenched<\/span><\/b> in the <\/span>psyche<\/span><\/b> of the people.<\/span><\/p>\n – For example<\/strong>, the average Indian never misses the chance to give a blow to the pickpocket caught at a bus stop.<\/span>\u00a0<\/span><\/p>\n – In Nagaland, a mob pulled a rape accused out of the jail and lynched him. <\/span>\u00a0<\/span><\/p>\n The Indian state government often displays such tendency at times. <\/span><\/p>\n – For example:<\/strong> In UP, important political and executive functionaries spoke publicly in favour of instant justice. There have been reports of fake encounters by the police department.<\/span><\/p>\n There is a <\/span>traditional attraction<\/span><\/b> and <\/span>public acceptance<\/span><\/b> of instant justice due to the inability of the<\/span> justice dispensation system<\/span><\/b> to punish such heinous criminals in a short time frame.\u00a0<\/span>\u00a0<\/span><\/p>\n The state governments are alleged to have accepted this practice because bringing fundamental changes in police procedures, prosecution and courts will involve expenditure, and instant justice is cheap<\/strong>.\u00a0<\/span>\u00a0<\/span><\/p>\n The time has come when the nation has to choose between an <\/span>expensive civilised justice dispensation syste<\/span><\/b>m or a <\/span>brute tradition<\/span><\/b>.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n Instant justice makes an <\/span>individual barbaric<\/span><\/b> and similarly, instant justice makes a <\/span>society barbaric<\/span><\/b>. The <\/span>rule of law<\/span><\/b> should be <\/span>upheld<\/span><\/b>.<\/span>\u00a0<\/span><\/p>\n Source<\/span><\/b>: The post is based on an article \u201cInstant justice is not the way of a civilised society<\/strong>\u201d published in the Indian Express<\/strong> on 29<\/strong><\/span>th<\/strong> April 2022<\/strong>.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" News: Recently, there have been bulldozing of residential or commercial dwellings of people. This incident has raised eyebrows over the criminal justice system and the menace of \u201cInstant Justice\u201d in the case of Indian society.\u00a0 Trends in the criminal justice system\u00a0 In the second half of the 19th century, criminals were given instant justice and… Continue reading Instant justice is not the way of a civilised society\u00a0<\/span><\/a><\/p>\n","protected":false},"author":10328,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500],"class_list":["post-181966","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":{"total":17,"cached_at":"","cached_date":1698325356},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/181966","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10328"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=181966"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/181966\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=181966"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=181966"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=181966"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Trends in the criminal justice system<\/span><\/b>\u00a0<\/span><\/h5>\n
Why criminal justice system has evolved over time?<\/span><\/b>\u00a0<\/span><\/h5>\n
What are the issues in the delivery of justice in India?<\/span><\/b>\u00a0<\/span><\/h5>\n
Why the idea of instant justice is popular in India?<\/span><\/b>\u00a0<\/span><\/h5>\n
Way Forward<\/span><\/b>\u00a0<\/span><\/h5>\n