Skip to main content

Why is Supreme Court "failing" to decide on anti-Sikh genocide, Gujarat massacre?

By Mike Ghouse* 
Is the Indian judiciary accountable? The people of India have never questioned the authority of India's judiciary. Indeed, they are the only branch of government, who have not been examined for their role in upholding the constitution and the rule of law. It is time one questions their lackadaisical attitude towards growing lawlessness in the nation and hold them accountable for their action.
What is holding the Supreme Court from rendering judgment, and bringing closure to the anti-Sikh genocide, Godhra burning, Gujarat massacre, Nellie massacre, uprooting of Kashmiri Pundits, Babri Masjid, and freedom of speech issues?
The silence of the state when the liberties of the citizens are trampled has gone unpunished. The Supreme Court can put an end to the catalytic nature of these unfortunate and tragic events.
Many things will be straightened if justice is delivered on a timely basis. If a concerted effort is made and the momentum is built to remind the Supreme Court to take their responsibility seriously, they can put an end to the fear that has grasped the nation.
The politicians, legislators and the administrators may be corrupt, but the judiciary has remained intact and is still free in India. The decisions by the apex court on the issues of LGTB, Sabarimala, Triple Talaq, and Babri Masjid are good examples, people have accepted their decision with protests but not violence. If we can hold the Supreme Court accountable for preserving the constitution and restoring justice, it will restitute hope to the hopelessness that is prevalent in India.
Dr Zafar Iqbal writes, “It is an unfortunate fact that many attempts were made to influence Supreme Court judges, still, compared to other institutions, the Indian Supreme Court's record is much better. The SCI is still the best hope we have. The venomous culture being supported and promoted by the people in power is spreading like metastatic cancer.”
Supreme Court is the last resort and defender of India's constitution, and if they can make bold decisions, they can restore sanity and the rule of law to India. The Supreme Court's role is to interpret the Constitution and serve as a check to the abuse of powers by the legislative and administrative branches of government. The judiciary is set up to be an independent body free from politicians and the bureaucrats.
India is a mature democracy when people decide to unseat a tyrant like Indira Gandhi, they have done it through the ballot. Not only Indira, but the Prime Ministers and Chief Ministers of India have honored the verdict of the people and have stepped down every time when they lost the elections, and respectfully handed the keys to the new person elected.
Prime Minister Narendra Modi is no exception; he is one of the most attacked politicians of India, perhaps more than the combined attacks on all Prime Ministers. His biggest mistake is his inability to speak up when bad things happen in the nation. Since it is a pattern with him throughout the ordeals of rapes, lynching, murders, and harassment; one is inclined to think if there was merit in Sanjiv Bhatt’s statement that Modi let the goons have three days to finish killing as many Muslims as they could in a supposedly revenge spree in Gujarat.
Modi is not dumb, he can boldly speak out against miscreants that the rule of law would be applied to all those who lynch, harass, and rape, and will be punished severely. No murderer and rapist will get a ticket from his party to contest the elections. He knows he has the power and if he uses for good governance, it will substantially subside the cow vigilantes, lynching’s, rapes and murders and felicitation of criminals.
Holding the Prime Minister accountable is the right thing to do. After all, it is the government of the people by the people for the people. Everyone is responsible in a democracy. Thank God, the era of dictators, kings, and tyrants is gone.
Thanks to the Indian media, the first saviour of democracy, for protecting your rights to be free to pursue life, liberty, and happiness. Thanks to the “Indian Express”, the “Times of India” and the “Hindu” newspapers for standing up against the bullying by Indira Gandhi during her infamous emergency rule. The editor heroes went to jail instead of temporary protection that comes with sycophancy or silence.
Now that awakening has come back, and we see the emergence of new heroes in the wire, squint, and other media outlets. They will be the new saviours of our freedom, and we need to celebrate them. Judiciary is a critical part of the governance if we write about the cavalier attitudes of the judiciary, things will start changing for the better. I welcome any criticism of the judiciary and solutions to go with them.
---
*Public speaker, author, executive director of the Center for Pluralism in Washington, DC, interfaith wedding officiant. Click HERE for more 

Comments

Unknown said…
Thanks bro. Mike for your enlightening article on Indian judiciary. In fact, the role of judiciary anywhere in the world doesn't stop just by passing the judgements. There is an urgent need to oversee all those judgements in their execution too. If passed laws and verdics are not implemented in their entirety, there is no greater farce than judiciary itself!

TRENDING

India's GDP down by 50%, not 23%, job loss 200 million not 122 million: Top economist

By Our Representative  One of India’s topmost economists has estimated that India’s Gross Domestic Product (GDP) decline was around 50%, and not 23%, as claimed by the Government of India’s top data body, National Statistical Organization (NSO). Prof Arun Kumar, who is Malcolm S Adiseshiah chair professor, Institute of Social Sciences, New Delhi, said this was delivering a web policy speech, organised by the Impact and Policy Research Institute (IMPRI), New Delhi.

Youngest of 16 activists jailed for sedition, Mahesh Raut 'fought' mining on tribal land

By Surabhi Agarwal, Sandeep Pandey* A compassionate human being, always popular among his friends and colleagues because of his friendly nature and human sensitivity, 33-year-old Mahesh Raut, champion of the democratic rights of the marginalised Adivasi people of Gadchiroli, Maharashtra, has been in prison for over two years now.

#StandWithStan: It's about Constitution, democracy and freedom of expression

By Fr Cedric Prakash SJ*  It is more than three weeks now: On the night of October 8, 2020, the 83-year-old Jesuit Fr Stan Swamy was taken into custody by the National Intelligence Agency (NIA) from his residence in Ranchi to an undisclosed destination. According to his colleagues, the NIA did not serve a warrant on Fr. Stan and that their behaviour was absolutely arrogant and rude.

Stan Swamy vs Arnab Goswami: Are activists fighting a losing battle? Whither justice?

By Fr Sunil Macwan SJ* It is time one raised pertinent questions over the courts denying bail to Fr Stan Swamy, who was arrested under the Unlawful Activities (Prevention) Act (UAPA), and granting it to Arnab Goswami, editor-in-chief of the Republic TV, arrested under the charge of abetting suicide of Avay Naik, who ended his life in 2018. It is travesty of justice that a human rights activist is not only denied bail but is also made to wait for weeks to hear a response to his legitimate request for a straw to drink water, while Arnab Goswami walks free.

India performs 'poorly' in Quality of Life Index, ranks 62nd out of 64 countries

Counterview Desk “Expat Insider”, which claims to be one of the world’s most extensive surveys about living and working abroad, in a survey of 20,259 participants from around the globe, has found that of the 64 destinations around the globe, has found that while Taiwan is the best destination for persons living outside their native country, closely by Vietnam and Portugal, India ranks 59th.

Human development index: India performs worse than G-20 developing countries

By Rajiv Shah A new book, “Sustainable Development in India: A Comparison with the G-20”, authored by Dr Keshab Chandra Mandal, has regretted that though India’s GDP has doubled over the last one decade, its human development indicators are worse than not just developed countries of the Group of 20 countries but also developing countries who its members.

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Namaz in Mathura temple: Haridwar, Ayodhya monks seek Faisal Khan's release

By Our Representative As many as 23 members of the Hindu Voices for Peace (HVP), including the founder president of the well-known Haridwar-based Matri Sadan Ashram, Swami Shivananda Saraswati, and a one of its top monks, Brahmachari Aatmabodhanand, have expressed their “dismay” over the arrest of Khudai Khidmatdar chief Faisal Khan and three others on charges of “promoting enmity between religions” and “defiling a place of worship” after they offered namaz in Mathura’s Nand Baba temple premises on October 29.

Government of India 'refuses' to admit: 52% of bird species show declining trend

Finn's Weaver  By Our Representative The Government of India has been pushing out “misleading” data on the country’s drastic wildlife decline, says a well-researched report, pointing towards how top ministers are hiding data on biodiversity losses, even as obfuscating its own data. It quotes “State of India’s Birds Report 2020” to note that of the 261 out of 867 bird species for which long-term trends could be determined, 52% have declined since the year 2000, with 22% declining strongly.

Dalit, Adivasi protest in Jharkhand against 'illegal' transfer of land for development

By Rishit Neogi Displacement and eviction are not new terms. It is surprising that they are still continuing and have become a tool in the hands of state backed corporates to forcibly occupy lands in the name of development.