India derives the legal structures from British Common Law just the same way as USA: use the Adversarial System,the party with "best" lawyer wins. Other European countries use the Inquisitorial System in which all parties try to ascertain the facts of the case in depth, & it's harder to weasel out of convictions by gaming the system in countries which strive for justice & not mere legality. In Indian penal/legal/judicial system, its an accepted axiom that the party which registers FIR/complaint first is considered the "aggrieved" one from the very outset while the real picture more often than not is entirely different as those who know how to exploit the law are largely the smart first "complainants".
The penal/legal/judicial system in India. For whom? Is justice dispensed? Make no mistake, penal procedures or legality or judicial system is not the translation of justice. While our "law is blind" hence justice-is-denied penal system spares the real lawbreakers punishing instead those who actually fear the law & abide by it, yet, those ignorant and/or fearful of the dreaded procedures as well as fearing needless infamy/stigma plus legal/judicial quagmire avoid going to police/courts itself! Systemised instances of false motivated charges made by individuals & state organs to implicate, prosecute, harass, persecute & victimise "targets" is now a standard practice institutionalised by individual powerbrokers & the state itself too:unspoken cancerous corruption which nobody dares touch even with a bargepole!!
"Our" punitive "justice" system is mastered, monopolised, misgoverned, milked and mined by a microscopic mighty "elite" with overlapping loci of vested interests. Unwittingly or consciously if any individual, or even some group, dares challenge the might of this incestuous elite then he/she invariably stands persecuted by being prosecuted by the powerful arms of the verily aforementioned vengeful protozoan elite. The elite, a vestige of invading colonizing aliens thriving on the natives, if seen as one: the seemingly immortal meta-creature having a nucleus to govern & monitor and a cytoplasm which gobbles up the adversaries/commoners to kill and digest or to recruit & co-opt them and turn them into its functional units and defences themselves.
British vintage semi-literate,clever by half constabulary,& compromised corrupt Inspector-raj make FIRs & chargesheets, supervised by British era officer cadre, which always without exception form the ground upon which cases,most of them flawed+fabricated, are fought for years in the purposely tardy British legacy called the honourable judiciary/courts: going on and on, stretching and drawing on without any conclusion for decades(average)!! Inflicting heavy mental,social,financial & physical trauma upon the real victims of crimes while actual criminals roam about with impunity,free & unafraid,perpetrating even more heinous crimes upon hapless citizens.
But who benefits from this convoluted tortuous never-ending maze of "justice"? Which almost no one actually gets..
How is it meant to serve when it actually rules & lords us over? Why's that all others in govt/system ought to take decisions affecting lives in mere moments to weeks but judiciary..years? Who judges the judges? Who'll prosecute the prosecutors? Who'll police the police? How to administrate over the administrators? Who'll regulate the regulators? How'll law be not made an ass by the lawmakers? Who'll rein in those who abuse the reins? And last but not the least, who'll persecute the persecutors? Think. And who will act,rather, bell the cat??? The answers have to be looked within. Within our people, traditions, past, history, heritage, civilisation and sanAtana dharma.
Footnote: Indyan constitution assembly was predominantly made up of lawyers. Lawyers who were trained in the exploitative imperialist abrahamic,western,British laws by the colonial masters. Somehow in this Indya,one can avail of almost any service (health, technology, sanitation..even administration related) via govt; except lawyers, to fight for the commoners. The only govt lawyers are public prosecutors or solicitors/advocates on govt payrolls fencing & jousting for the ubiquitous super-organism called the government or in common parlance, the system. Or simply, the elite.
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