E-Paper
Day to day trials have immense benefits
The police system apparently has failed to achieve both of its primary goals i.e. control of crime and the protection of individual rights. The incidents of crime are increasing in a big way. People commit serious offenses with impunity. Inefficacy of the state machinery in some parts of the country give an impression that "rule of law" is non-existent there and the police system has failed.
The police system apparently has failed to achieve both of its primary goals i.e. control of crime and the protection of individual rights. The incidents of crime are increasing in a big way. People commit serious offenses with impunity. Inefficacy of the state machinery in some parts of the country give an impression that "rule of law" is non-existent there and the police system has failed.
The recent incident of beating of young girls and boys by the police in a park in a UP town has brought no credit to the image of the police. There is an urgent need for change of image of the police to a people friendly institution. It must become 'police service' from 'police force'. The leadership of the police has probably failed to provide the conducive work culture to the police force. The poor working conditions of the police especially at the lower level have been instrumental in demoralising and demotivating the police force and has also induced a sense of alienation from the whole system.
The salary and perks paid to them is not commensurate with the work expected of them. Unless the working conditions of the police force are improved, it may not be possible to inculcate a sense of belongingness to the system. An attempt to bring a systematic improvement in the system is an urgent need.
It is high time that the police are trained to the latest technology and scientific methods of investigation. It would avoid prolonged investigation, which often leads to corruption. The forensic science laboratories should be well equipped and the government should ensure that a competent and sufficient manpower is employed in the same. It is also the need of the hour that the investigation can be concluded expeditiously and in a scientific manner. This will also reduce the allegations of corruption and faulty investigations. Besides, the role of a forensic scientist must be given its due place. He should be treated as an important person assisting the investigation. He is a facilitator and the investigation agency must treat him as such.
PROSECUTION
Prosecution is a very important component of the criminal justice delivery system. The quality of prosecution and capability of the prosecutor has great impact on the outcome of a criminal trial. The prosecutor is expected to marshal the facts and place the evidence before the court in a competent and a systematic manner so as to recreate the scene of crime before the court with a view to fix the identity and culpability of the offender.
It is a pity that importance of prosecuting agency in the system has not been adequately realised. There has not been any sincere effort on the part of the state to introduce any systematic reforms in order to strengthen and streamline the prosecution wing. It has ignored the fact that prosecution is the Achilles heel of the criminal justice system.
It needs to be appreciated that a prosecutor's job is very important. If the prosecutor fails to place the evidence before the court in correct perspective, there is always the possibility of a culprit going scot-free with a benefit of doubt. This strikes at the very root of the system itself. The time has come to have a relook at the role of the prosecutor. The state should consider bringing suitable amendments in law to introduce accountability of the prosecution for the failure of trial. Competence and capability of the prosecutor is the life-blood of a criminal trial.
There is need for continuous training and reorientation courses for the prosecutor to improve their professional skill. For efficient performance, the prosecutors do require logistical support like access to the latest technological tools like computers and a well-equipped library. It is also essential that they be given manageable number of cases to handle so that they are able to prepare the brief thoroughly and conduct the trial effectively.
Their working conditions need to be improved with proper pay packets so that best of talent can be attracted. Selection of the prosecutors must be based on their merit, integrity and reputation and not on party affiliations because they are required to represent the mighty state and not a political party.
Appointing right and competent advocates, as prosecutors would improve the criminal justice delivery system. The prosecutors must ensure that witnesses are not harassed by being called to the court again and again. They should be examined on the date fixed for recording their statements. So far as medical witnesses and police witnesses are concerned, respect for their time should not be overlooked.
TRIAL
In the criminal justice delivery system, the courts have the most important role to play. The system is being criticised for slow motion justice, too technical rules and over flowing of the dockets besides leniency in awarding punishment in many cases. The courts cannot avoid the responsibility of being one of the actors responsible for the same. The lack of commitment to their jobs as also disposal of cases in a mechanical manner, without proper application of mind by the courts, has contributed towards the failure of the criminal justice delivery system.
The primary function of the court is to conduct the trial in a free and fair manner. The main crisis being faced by the criminal justice system stems from intimidation or allurement of the victims or witnesses during the trial leading to inevitable consequence of collapse of the trial. An important responsibility rests on the judge to ensure that the witnesses depose without any fear, force or pressure in the court.
Unfortunately, judges with a view to protect the image of impartiality have a tendency to avoid taking active part in the trial. This reduces a criminal trial into battle of wits between prosecutor and the defence counsel. Court trials are reduced into mind games like chess, with judge assuming the duty of only an umpire or referee. As a result, the focus is shifted from justice-quest for truth to advocacy skills.
There is an urgent need for a paradigm shift from adjudication to quest for justice. This can be achieved only if the judges take active part in the trial to ensure that course of the trial is directed towards the ends of justice. They cannot sit as silent spectators. They must control the recording of evidence and ensure that the witnesses are not unduly harassed. The tendency to consider themselves only as umpires and not their responsibility to quest for truth must be avoided.
Too liberal a recourse to 'benefit of doubt" to take to the easy course of deciding cases is a poor reflection on the working of the system. Large-scale acquittals (almost 80%) are eroding public confidence in the effectiveness of criminal justice delivery system. It is natural also because when people see persons accused of heinous and ghastly offenses getting acquitted, they believe that either courts are too liberal or pro-criminal or are not functioning the way they ought to function.
Unfortunately, they do not know nor do they try to know the reasons for such acquittals. When a crime goes unpunished, the criminal is encouraged, the victim of crime is discouraged and the society in the ultimate analysis suffers, which has an adverse impact on the law and order situation in the country.
However, the rising crime rate in the post independence era and the inadequacy of the law in balancing individuals liberty and state's duty to ensure protection of life and liberty has made the criminal justice system a subject of heated debates but despite the concern over the shortcomings of the system to check the growing crime rate, we are still unable to check the rise in crime. But what appears to be certain is that unless the reforms are made in respect of each of the components of the criminal justice delivery system, the system would not become effective.
The practice of conducting trial on day-to-day basis, particularly in important or sensitive cases, which was prevailing about fifty years ago, has been given a go-bye. It is high time that the courts revert to that practice. Day to day trials have immense benefits. Witnesses are not required to visit the courts on various dates to get their statements recorded. It would also avoid the possibility of winning over witnesses either by allurement or by threats. Since, after day-to-day trial, evidence would be fresh in the mind of the court and the conduct of witnesses during trial also in their mind, the quality of judgment would improve.
After the bare discussion of the three important processes of criminal justice administration, let me discuss the five vital issues that necessitate a re-look.
i)Taking victim's plight seriously Ignoring victims of crime is a factor which adversely affects the justice delivery system in criminal justice delivery system is loaded heavily in favour of the accused. It has failed to strike a balance between the rights of the accused and that of the victim. Insensitivity towards the rights of the victim of crime is fast eroding the faith of the society in the criminal justice system and has already given rise to increased incidents of crime and lawlessness. There is a growing tendency amongst the people to settle these disputes through extra judicial means. There is need to arrest this tendency for otherwise the maintenance of rule of law would be at stake. Since the central object of any legal process is to promote and maintain public confidence in the administration of justice, there is an urgent need for giving a well-defined status to the victim under the criminal law. After all he is the one who has been wronged.
After setting the criminal justice mechanism in motion, the victim is reduced to the status of being merely an 'informer'. He has hardly any role to play in the whole proceedings except that he may, if alive, be examined by the prosecution as a witness. It is strange that in spite of the fact that a victim of crime, who suffers at the hands of the accused and moves the state through the police or the courts to seek justice is given the impression that after having lodged the report or the complaint, he is a "Mr. Nobody".
(To be continued)
The writer is Chairperson, National Human Rights Commission.
