Indian Supreme Court on a Roll!

As most of the political brass and ‘impulsive’ media paid only lip service to a heinous act of mobocracy that took place in West Bengal, the Supreme Court of India stepped in as the hero to the rescue of a young woman who was gang-raped at the order of the village’s kangaroo court for falling in love with some man. The villagers particularly women shamefully witnessed, supported and cheered the whole act as the young woman’s screams and agony rang in their ears the whole night. The woman Chief Minister of the state Mamta Banerjee, under whose regressive rule, the otherwise gender sensitive state is fast turning into another rape capital of the nation, predictably just did another eyewash on this crime. But, the Supreme Court acted swiftly, took asuo motu cognizance of the crime and has set up a panel to investigate the disturbing incident with an aim to bring the guilty to the book.

This is not the first incidence of Supreme Court’s proactive and firm display of character. The apex court has turned into a quiet hero since the appointment of the new Chief Justice P Sathasivam about July last year. Upon assuming office, he has brought the court to life and become involved in all matters which threaten the foundations of our constitutional Republic.

 Here are some of the other achievements of this Apex court since Justice Sathasivam’s assuming the top office:

1.    
A lot of police reforms have been undertaken since the uproar over the Nirbhaya case and many of them have been effective. But still, there is a lot of habitual and residual resistance among cops to file an FIR. The SC took cognizance of this anomaly and ordered thatnot filing an FIR will be liable for action as it is tantamount to obstruction of justice.

2.   SC has recently urged creation of a digital database of all people lodged in jails. Most under-trials languish in squalid jails often for petty crimes waiting for the long drawn process of trial. This is an effort to identify the under-trials who have already spent more time in jail than they would have if they had been found guilty.

3.   SC highlighted and took note of the number of cases of custodial tortures and deaths and demanded an explanation from the respective state governments. This is commendable because if the police use good investigative techniques, they would not need to resort to such brutalities to extract confessions based on their often biased ‘hunches’.
 

4.   Upon reading a report of a law intern claiming sexual harassment by a retired judge in the newspaper, Justice Sathasivam constituted a panel and ordered a swift enquiry which found the allegations to be true.

This is an altogether great thing happening in India. We are no doubt a democracy but before that we are a Republic ruled by a constitution which no one, absolutely No One should be in a position to over rule – be it the power holders, mobs or even the media. With due regard to separation of powers, the judiciary is an independent Power and the ultimate upholder of the constitution as well as the fundamental rights of man and woman. The new CJI seems to be elevating the status of the institution to the level it ought to reach to lay the foundation of a just society and Republic. Their proactive and prompt watch over the nation is so commendable and worth celebrating. And it is not as if they pay some sort of lip service to the issues, they are actually ‘delivering’ and fast as was the case in the law intern’s issue that they took up. This is an amazing new development in India.

On the eve of the Republic day, as a citizen, particularly as a woman citizen I salute Justice P Sathasivam as the right hero of the moment and hope the Supreme Court’s new and dynamic avatar gains further momentum.

Happy Republic Day tomorrow!