Justice and the manifesto

Why in news?
  • The Supreme Court in 2012 has held that it is the constitutional duty of the government to provide the citizens of the country with judicial infrastructure and means of access to justice.
More in news
  • Article 38-A:
    (1) As per Directive Principle Article 38-A Manifestoes will do well to acknowledge the paramount constitutional governance obligation.
    (2) The fundamental obligation of the state to “secure that the operation of the legal system promotes justice, on a basis of equal opportunity.
    (3) And shall provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
    (4) This Article guarantees a basic human right to a just social and political order under the Constitution.
  • Access to judicial Infrastructure:
    (1) Access to justice now also means access to judicial infrastructure.
    (2) every person is able to receive an expeditious, inexpensive, and fair trial.
    (3) Financial limitations or constraints may not be urged to defeat this right.
  • Review of legal procedures:
    (1) Already, a leading national party is reported as considering deletion of the offence of sedition (Section 124-A of the IPC).
    (2) Adjudicatory polices on bail and some procedures that allow long periods of pre-trial detention also need a close review.
    (3) The present position where suspects are arrested and detained in jails for a long time only to be acquitted after a decade or more is simply unconstitutional because co-citizens have a fundamental right of access to justice.
  • Reforming Justice System:
    (1) We should reiterate the basic assumptions of a civilised criminal justice system that maintains a few self-evident truths.
    (2) One is sent to jail as punishment and not for punishment.
    (3) The difference between prosecution and persecution is civilisationally precious.
    (4) Person and human being not to be taken away by degrading, cruel and inhumane punishment or treatment.
    (5) Presumption of guilt should never rule or replace the presumption of innocence.
Source
The Indian express




Posted by Jawwad Kazi on 22nd Mar 2019
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