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

Telangana govt proposes to give unfettered powers to forest officials, 'help' corporates

By Dr Palla Trinadha Rao*
The Telangana Government is contemplating to replace the Telangana Forest Act 1967 with a new law - the Telangana Forest Act (TFA) 2019, trampling the rights of adivasis ensured under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA Act 2006) and Panchayats Extension to Schedule Area (PESA) Act 1996 both of which are central acts.

RSS, Hindu Mahasabha were 'subservient' to British masters: Nagpur varsity VC told

Counterview Desk
Well-known political scientist Shamsul Islam, associate professor (retired), University of Delhi, in an open letter to the vice-chancellor of the Rashtrasant Tukadoji Maharaj Nagpur University, Dr Siddharthavinayaka P Kane, has taken strong exception to the varsity decision to include RSS’ “role” in nation building in the syllabus of the BA (history) course, citing instances to say that the RSS ever since its birth in 1925 with its Hindutva allies like Hindu Mahasabha led by VD Savarkar worked overtime to “betray the glorious anti-colonial freedom struggle”.

It's now official: Developed Gujarat's regular, casual workers earn less than 19 top states

By Rajiv Shah
Though not as low as state chief minister Vijay Rupani claims it to be (0.9%), Gujarat’s unemployment rate, at least as reflected in a recent report released by the Government of India, is 4.8%, lower than the national average, 6%. Yet, ironically, the same report, released soon after the Lok Sabha polls came to an end in May 2019, brings to light an even grimmer reality: Lower wages in "model" and "developed" Gujarat compared to virtually the whole of India, including the so-called Bimaru states.

British companies export 'deadly' asbestos to India, other countries from offshore offices

By Rajiv Shah
“The Sunday Times”, which forms part of the powerful British daily, “The Times”, has raised the alarm that though the “deadly” asbestos is banned in Britain, companies registered in United Kingdom, and operating from other countries, “are involved in shipping it to developing nations”, especially India. India, Brazil, Russia and China account for almost 80% of the asbestos consumed globally every year, it adds.

Amaravati: World Bank refusing to share public grievances on Land Pooling Scheme

By Our Representative
A new report, prepared by the advocacy group Centre for Financial Accountability (CFA), New Delhi, has taken strong exception to the World Bank refusing to share its independent assessment of the Land Pooling Scheme (LPS), floated by the Andhra Pradesh government in order to build the new capital.

Beijing-based infrastructure bank 'funding' India's environmentally risky projects

By Our Representative
A new civil society note has questioned the operations of the Beijing-based Asian Infrastructure Investment Bank (AIIB), a multilateral development bank that aims to support the building of infrastructure in the Asia-Pacific region, seeking to fund projects in India through the Government of India’s National Infrastructure Investment Fund (NIIF), calling it “a risky venture”.

Include all workers exposed to silica dust in anti-TB programme: Govt of India told

Counterview Desk
In a letter, sponsored by well-known civil rights organization, Occupational & Environmental Health Network of India and signed by more than 60 professionals and activists*, Dr Harsh Vardhan, Union Minister of Health and Family Welfare, Government of India, has been told that Indian policy makers shouldn't just acknowledge higher TB risk to mine and stone crusher workers, but also “other silica-exposed workers”.

Universal healthcare? India lacks provisions to 'fight' non-communicable diseases

By Moin Qazi*
Universal health coverage (UHC) -- ensuring that all people receive proper and adequate health care without suffering financial hardship -- is an integral part of achieving the Sustainable Development Goals. It enables countries to make the most of their strongest asset: human capital.

Gender budgeting? Govt of India allocates just 2.1%, 0.73% for SC, ST women

By Rajiv Shah
The National Campaign on Dalit Human Rights (NCDHR), one of the most influential all-India Dalit rights networks, has taken strong exception to the manner in which the Government of India has undermined Gender Responsive Budgeting in the Union Budget 2019-20 for scheduled castes (SCs) and scheduled tribes (STs), pointing towards “wide gaps” between the goals and the situational reality of “the Dalit and Adivasi women on the ground.”

Polygamy in India "down" in 45 yrs: Muslims' from 5.7 to 2.55%, Hindus' 5.8 to 1.77%, "common" in SCs, STs

By Rajiv Shah
Amidst All India Muslim Personal Law Board (AIMPLB) justifying polygamy, saying it “meets social and moral needs and the provision for it stems from concern and sympathy for women”, facts suggest the the practice is down from 5.7 per cent of Muslim families in 1961 to 2.55 per cent in 2006.