Society appears to be on a short fuse, and at times lacks humour, said Dr. Justice S Muralidhar..Justice Muralidhar was speaking on the theme “Crime, Punishment and Justice in India: The Trajectories of Criminal Law”, at the inaugural lecture of National Law University, Delhi’s annual lecture series in criminal law, Project 39A..The lecture, held at the Nehru Memorial Museum and Library, New Delhi on September 28, was attended by students as well as several prominent lawyers and academicians..The introductory address was given by Advocate Dr. Maneka Guruswamy..Justice Muralidhar took the opportunity to reflect upon instances of police action against “a funny standup comedy clip” or a sarcastic remark against the government..“Candlelight vigils for rape victims, yes. But protests for rape accused, that too by lawyers?“, he questioned..“The saner and sober voice of reason easily gets drowned by the high-decibel rabble-rousers dressed as TV news anchors, painting issues in binaries and whataboutery. Then there are the troll armies that descend on an opinion holder in a cacophony of unreason. No sense, just noise.”, he said..Relying upon the data collated by National Crime Records Bureau, Justice Muralidhar drew the gathering’s attention to the impact of various preventive detention laws in the States on minorities and disadvantaged..He cited the low conviction rate under Terrorist and Disruptive Activities (Prevention) Act, The Prevention of Terrorism Act, 2002, Unlawful Activities (Prevention) Act, 1967 etc. to say that “process itself is the punishment“..At times, institutions punish poor for who they are, he said..He narrated an incident of a poor man who was arrested for possessing a knife. Since he had already spent the requisite time in jail as per the offence he was charged with, he confessed to having committed the offence, only to get out of jail..“(He) was assisted by the legal aid lawyer.. Poor are not able to fight with dignity. This is not justice for poor, this is poor justice.”, he remarked..Justice Muralidhar also expressed his disappointment on the lack of rehabilitative approach/programs at our criminal justice system..He also raised questions on enactment of new laws as “knee-jerk” reaction and making the existing ones stricter to deal with an issue..Justice Muralidhar also spoke on the growing trend of giving police powers of search and seizure to public servants by incorporating them in statutes as amendments which are passed under the Finance Acts each year..There seems to be an attempt to treat economic offences at par with offences of terrorism, he said..Saying that democracy is a work in progress, Justice Muralidhar lauded women in the country for defying norms..Citing the example of Hadiya, Gulabi Gang, Darul Uloom Niswaan for women qazis and the numerous women who approach the High Court under its Habeas Corpus jurisdiction to be united with their partners, Justice Muralidhar exclaimed, “a new trend is emerging anyway“..He called for equivalent salaries for legal aid lawyers and prosecutors for a better criminal justice system and developing a mechanism to prevent wrongful prosecution. He also advocated for a witness protection program in India..Muralidhar J. ended his lecture hoping that the “cause of justice is well served by young lawyers“.
Society appears to be on a short fuse, and at times lacks humour, said Dr. Justice S Muralidhar..Justice Muralidhar was speaking on the theme “Crime, Punishment and Justice in India: The Trajectories of Criminal Law”, at the inaugural lecture of National Law University, Delhi’s annual lecture series in criminal law, Project 39A..The lecture, held at the Nehru Memorial Museum and Library, New Delhi on September 28, was attended by students as well as several prominent lawyers and academicians..The introductory address was given by Advocate Dr. Maneka Guruswamy..Justice Muralidhar took the opportunity to reflect upon instances of police action against “a funny standup comedy clip” or a sarcastic remark against the government..“Candlelight vigils for rape victims, yes. But protests for rape accused, that too by lawyers?“, he questioned..“The saner and sober voice of reason easily gets drowned by the high-decibel rabble-rousers dressed as TV news anchors, painting issues in binaries and whataboutery. Then there are the troll armies that descend on an opinion holder in a cacophony of unreason. No sense, just noise.”, he said..Relying upon the data collated by National Crime Records Bureau, Justice Muralidhar drew the gathering’s attention to the impact of various preventive detention laws in the States on minorities and disadvantaged..He cited the low conviction rate under Terrorist and Disruptive Activities (Prevention) Act, The Prevention of Terrorism Act, 2002, Unlawful Activities (Prevention) Act, 1967 etc. to say that “process itself is the punishment“..At times, institutions punish poor for who they are, he said..He narrated an incident of a poor man who was arrested for possessing a knife. Since he had already spent the requisite time in jail as per the offence he was charged with, he confessed to having committed the offence, only to get out of jail..“(He) was assisted by the legal aid lawyer.. Poor are not able to fight with dignity. This is not justice for poor, this is poor justice.”, he remarked..Justice Muralidhar also expressed his disappointment on the lack of rehabilitative approach/programs at our criminal justice system..He also raised questions on enactment of new laws as “knee-jerk” reaction and making the existing ones stricter to deal with an issue..Justice Muralidhar also spoke on the growing trend of giving police powers of search and seizure to public servants by incorporating them in statutes as amendments which are passed under the Finance Acts each year..There seems to be an attempt to treat economic offences at par with offences of terrorism, he said..Saying that democracy is a work in progress, Justice Muralidhar lauded women in the country for defying norms..Citing the example of Hadiya, Gulabi Gang, Darul Uloom Niswaan for women qazis and the numerous women who approach the High Court under its Habeas Corpus jurisdiction to be united with their partners, Justice Muralidhar exclaimed, “a new trend is emerging anyway“..He called for equivalent salaries for legal aid lawyers and prosecutors for a better criminal justice system and developing a mechanism to prevent wrongful prosecution. He also advocated for a witness protection program in India..Muralidhar J. ended his lecture hoping that the “cause of justice is well served by young lawyers“.
