Role Of Judiciary In Modifying The Society

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Role Of Judiciary In Modifying The Society

 

Harish Vyas, SIF Gujarat


 

Judiciary System of India. Judicial System or the court system is also Judiciary System. The court has the power to make decisions and also enforce the law, solve disputes.

Judicial System of India consists of Supreme Court, High Court, District Court or Subordinate Court.

India is the largest democratic country in the world of different cast, creed, race, religion and culture. In our constitution there is no discrimination of cast, creed, race, religion and sex too. Every citizen of India has certain rights and duties. If a person performs his duties faithfully then he has not to worry about his rights. The four pillars of democracy are legislature, executive, judiciary and media. These four pillars play an important role in effective democracy of country. Judiciary has more powers in this four pillars. In a democratic country voting is very important and each and every citizen has to vote while election to the proper person not to the party, because they are going to form the government and they are going to make law in the nation which effects our day to day routine life.

What is the need of law – Purpose of law is not to punish the person but to maintain harmony, love and peace in the family and society. Before thousands years back there is no law at all, and as the time goes and men became educated and more understandable the things more men are using the nature (things) in men’s need-wishes. Hear comes the need of law and order system and law was made, as time moves different types of law are amended i.e. law for animals, law for trees, law for water and also a law for marriage too. In India there are many marriage act like Hindu marriage law, Muslim marriage law, Parsi marriage law because there are different people obeys different casts. In Hindu marriage law itself there are Domestic Violence Act, Maintenance Act, Dowry Act, and Divorce Act too where there are certain grounds where couple are not able to live together obtain divorce and live peacefully. While making law, lawmakers has a noble intentions of love peace and harmony in the society men live with respect and dignity too. In the first sentence in law it is said “let a hundred guilty be acquitted, but one innocent should not be convicted”

Society is nothing but a group of different cast, creed, race, religions, beliefs and behaviors. The behavior of the society depends on so many things media (newspaper, television, film, social media ) social activists, NGO’s, spiritual organizations etc. Movie – television plays a great impact on the human mind because it is audio-visual both and now a days social media, by rapid growth of internet, a great role on the mindset of the society and society thinks and behaves in certain directions of its beliefs, so who are dealing with have a great responsibility. There are certain wrong beliefs in society where husband / men looses the case in the court. 1) I am not married so there must be no case against me 2) I have not taken any dowry there fore no dowry case against me 3) we have separated since long back (about 5 years) therefore there must not any case against me 3) Courts shall give justice to me 4) My dvocate definitely favors me 5) My wife – never does wrong she is “Godess” In a society there are certain activities other than routine activity, people are used to do for their personal interest and fulfill personal desires, like anti-superstition and black magic activity. It is grossly used by the people against positive activity by tantric and black magicians. Mr Narendra Dabolkar from Maharashtra, a founder and President of MANS (Maharashtra Andhashraddha Nirmoolan Samiti) working for Anti-Superstition and black magic bill, but unfortunately triggered by his murder on 20th August 2013. He was posthumously awarded the Padma Shri for Social work too.

Judiciary plays a great role in construct and modifying the society. Judiciary plays a grate impacts on the mindset of the society. Now a days people looses faith on judiciary and people afraid of judiciary as well as judiciary system. Too much time and money is spent after judiciary to obtain justice. As far as matrimonial law is concern there are so many laws imposed and disturbs routine life of the people. Now a days law enters in to the bedroom of the couple. Some time while delivering justice order’s under certain specific fixed method. After studying the HMA and judiciary system and behavior of advocates working in the area of family courts a shocking experience to me. There are certain misbelieves in the people and as a result the matter spoiled in the court. Judiciary has to be serious in the specially family matters. Certain changes are required to change the society is urgent.

Drastic change in the Society can possible if we work together (Government, Judiciary, Police force, Society and NGO’s ). Before some time Justice M R Shah from Gujarat High Court had deliver a judgment regarding smooth city traffic, being immediate implementation has been done by Ahmedabad city police and corporation joint venture, as a result a immediate result is appreciated by the public too. The justice M R Shah said “A few people have suffered in this drive, but when there is large public interest, private interest has to make way for it.” Justice Manhar Mehta at Ahmedabad Family court, had studied the family disputes and written a book on “Keys For Happy Marital Life”. Justice Mehta has implemented a new method, he give his book to the couple who are coming in his court for granting divorce. As a result Justice Mehta has reunited more than 300 families.

In current situation in every eight minute one husband is committing suicide due to wife and in-laws. There are several husbands and in-laws are murdered by wife and in-laws of the husband. Even a men is not married at all he is being accused by his brother’s wife, and put in the jail, even the whole family is being put in the jail by one wife of the family members. Even after divorce in-laws are so much harassed the husband that husband had suicide. In one case Adv. Arvind Bharti a very much discussed in media and newspapers. Mr Arvind Bharti had committed suicide and no action has been taken by the Delhi police. Delhi police is famous in making false fingerprint and false documents. In most of the matrimonial cases (about 80%) the wife is having extra matrimonial relation and had been caught by husband / in-laws she goes to her parental house and file a case of 498-A and other package of case, simultaneously husband and his family members goes to jail and spoil the job, reputation and put in a very miserable conditions. Even in High Court I observe that while delivering judgment the boy is belongs to minor Muslim community and girl belongs to Hindu community and father of the girls has file a case to arrest the boy for marring in under age and court has release the boy ordering that when he attend majority he will marry with the same girl ! Hear the point is that while delivering judgment nothing (cast, creed, religion, sex) shall be effected by cast, religion or sex. One side judgment without looking in to the matter only wife is always benefited and always husband is punished. Once Supreme Court of India has stated that husband is not to be always punished. In crpc 125 maintenance or interim maintenance case or DVA maintenance or interim maintenance case or multiple maintenance to wife is being awarded by the courts of justice and being harassed brutally in the courts of justice. As a result even Judiciary, Advocates, police force, soldiers and highly educated citizens (CA,ICWA, CS, Dr. ect) are suicide in every eight minute in our country. One of the Justice in High Court of Gujarat has stated that “There are two enemies in our nation one is corruption and other is reservation.” I am very much sorry to say that Family Courts are highly corrupted in our nation and therefore Supreme Court of India has stated that “STOP COMMISSION PRACTICE”

Not only matrimonial law is misuse it is grossly misused by wife and in-laws of the husband and also by the lover (extra marital relation). There are few sample cases where court has given special statement while delivering orders. Justice Arjit Pasayat and Justice H K Sema of Supreme Court of India in Sushil Kumar Sharma vs. Union of India & Ors, said that misuse of provision of 498-A “A new Legal Terrorism, and provision is intended to be used a shield and not an assassin’s weapon.” Jt. Dalveer Bhandari of Supreme Court of India in Preeti Gupta vs State of Jharkhand told that “We would like to observe that a serious relook of the entire provision is warranted by the legislation. Unfortunately a large number of these complaints have no only flooded to the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society.” Justice Gyan Sudha Mishra of Supreme Court of India in Geeta Mehrotra vs State of UP said that “overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specially if it happens soon after the wedding.” Justice J D Kapoor of Delhi High Court in Savitri Devi vs Ramesh Chand & Ors said that “I feel constrained to comment upon the misused of provisions of Sec. 498a/406 IPC to such an extent that it is hitting the foundation of marriage.” Justice BSA Swamy of Andhra Pradesh High Court and Dr Justice V.S.Malimath formerly, Chief Justice of Karnatka and Kerala High Courts while reforms of criminal justice system, 2003 that “It is thefore nessary to make this offence a) bailable b) compoundable and c) non-cognizable.

Several time Supreme Court of India has given guidelines as well as many High Courts have also guided to the family / lower courts the conditions of the husband/men situation has not changed. In spite of having many ADR (Alternative Dispute Resolution) system we (society) are living in miserable condition therefore I urge the law makers, judiciary, media and the society to have think over to modify the present condition. Media has to work naturally without any pressure of any NGO’s must show the injustice to the husband and his family members. Society has to change the fixed method of thinking and go deep into (out of box thinking). The Supreme Court of India has ruled in about 2017 in one of the judgments on maintenance that “Man is bound to pay maintenance to his divorced wife even if he obtains the divorce after proving desertion or adultery on her part.” However, Section 125(4) says: “No wife shall be entitled to receive an allowance under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.” Section 125(5) makes adultery and desertion grounds for cancellation of maintenance. As per the family court act advocates are not permitted to enter in to the court, but we are looking the present condition in the family court – worst than any court of India. High Court of Gujarat, circular dated 11-1-2017 to the Chief Justice of Family Court and has been circulated to each and every family court regarding behavior of the family courts advocates, insisted that as matters are personal, sensitive and family –there fore behave in friendly manner. Recently Chief Justice of Supreme Court of India Mr. Deepak Mishra had given a wonderful talk on “Human values and the legal world” dt 11 Aug. 2018 in his talk he explains courts and human values are not separate things. Constitution of India is your “Keshava” whatever your religion is, whatever your belief is, whatever your faith is human values which is inseparable facet of constitution., he added that all your attitudes, all your feelings, all your religions, all your aptitudes, all your surrender must be bounded by constitution of India.

There must be a Ministry For Men and Child development. Each and every court must have one cell (department) who go through the case before filing the case and if it is not fit for admit, must be rejected (dismiss) at the early stage. There must be gander natural law, any spouse can make a complain at the court of justice, at the same time filing a false case court must be given a power to punish for filing a wrong case as well as court must quash the matter too husband must not go to the High Court for that. New amendments are required because marriage act are very old. values base education must be include at very early stage in education, and values of life must be build in life – this is the responsibility of spiritual organizations. Advocates must practice with total ethics and stop commission practice at all. There must be a special department in each and every court where highly educated and reputed persons to be trained to solve the case at a early stage. There must not be any kind of reservation in the whole judiciary system specifically family matter and must be appointed on only high qualification basis. Only one law includes all the acts (HMA,498-A,DV,crpc 125, 497 etc.) Case must be file at only one court in one state where couple lives. Speedy trial in every family matter must be finish in maximum two years. NRI’s disputes already settled at overseas courts never been entertain in Indian Courts. In GWA act there must be a joint custody law for the welfare of the child, because children are the future of the Nation. If the child can’t be brought up with proper love and care and direction of both the parents the future of the Nation is in dark.

Looking to the above situation I humbly prey to the Govt. of India and Law makers as well as Judiciary to think over and make it implacable.