The Hindu : New Delhi News : Jessica case rekindles hope for justice in forgotten cases

Online edition of India's National Newspaper
Saturday, Mar 25, 2006

New Delhi

New Delhi

Jessica case rekindles hope for justice in forgotten cases

Two high profile cases have highlighted practically every aspect of the problem with the system, observesPrashant Pandey

The unprecedented response of civil society to the verdict in the Jessica Lal murder case has not only galvanised the police into action to set the record straight but also rekindled hope for some long forgotten cases where too the justice delivery system had completely failed. However, from a long-term perspective, the task would be completed only when the urgently needed reforms in the police and the Criminal Procedure Code are put in the statute book.

There is no denying the fact that while condemnation of the criminal justice system and lamenting the lack of political will has long been the order of the day, it is only after the Jessica Lal verdict that all quarters of society have come closest to saying: "This far and no further."

It is also probably the first time that the police, who generally become the favourite whipping boy, are not the only ones being criticised. The conduct of the so-called social elite has come under criticism and the problems with the judiciary have also been highlighted. The verdict too has been challenged on the plea that the court took a very narrow view of the evidence before it.

Even in the much talked about Priyadarshini Mattoo murder case, which again came into focus after the Jessica Lal episode, it has become clear that the appeal against the verdict -- letting off the accused despite very strong suspicion -- has been delayed due to highly unacceptable reasons. Now, under pressure from the media and other quarters, the Central Bureau of Investigation, which probed the high profile case, has decided to do something about it.

In totality, these two cases have highlighted practically every aspect of the problem with the system. Needless to add, with these two high profile cases falling by the wayside in such a shocking manner, the need for reforms cannot be over emphasised.

But even if the investigating agencies in these two cases stick to their guns this time round and the courts go on to deliver path-breaking judgments, it will remain a fact that justice would come to the victims and their families almost as an after-thought. With reforms not in place, there would be no guarantee of such miscarriages not occurring in future. And society cannot always be expected to react as strongly as it did in this case.

It is in view of such a scenario that there is an urgent need to put pressure on politicians to make the necessary changes. They are the ones in the legislature and only they can amend the statute book.

In the past few days, some very important functionaries in the Government have made statements indicating that they mean business in so far as reforms in criminal jurisprudence was concerned. While that augurs well for the future, experience in the past has shown that the intent has not necessarily been translated into action.

No doubt certain amendments have been proposed and discussed and bills have also been introduced in Parliament, but none has been taken to the logical end due to the vagaries of politics. At present there is a committee drafting a new Police Act. But till the new draft is tabled, passed and turned into an Act, there will always be the risk of this attempt too getting consigned to history as reference material.

Therefore, while the response of the people and the media in this instance was definitely encouraging, members of civil society will do well to realise that the real battle will begin once the sense of outrage and euphoria fades away. Obviously it will require engaging the politicians at every possible forum and relentlessly putting pressure on them to implement the reforms. Until that happens, it may not be long before the current optimism gives way to the same old story: condemning the system and lamenting the lack of political will.

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