Skip to main content

Why doubts persist about impartiality and independence of justice system of India

By Harasankar Adhikari 
The lower court verdict regarding the brutal rape and murder of a trainee postgraduate lady doctor from R.G. Kar Hospital, Kolkata, unfortunately, indicates that the overall justice system is a significant procedural hazard and failure. It reveals how the domination of a political party is often linked to tampering with evidence, including threats to the judiciary. Denying or delaying justice has become a common practice.
This incident was so tragic and heartbreaking that the global community expressed outrage and demanded justice with the slogan—“We want justice.” However, people are becoming increasingly disillusioned and distrustful of the judiciary because the verdict fell short of their expectations. Nevertheless, it is hoped that the legal process has not concluded and that justice will ultimately prevail. However, doubts persist about the impartiality and independence of the justice system.
According to the Cambridge Dictionary, justice means “fairness in the way people are dealt with.” Similarly, the Oxford English Dictionary defines justice as “the maintenance of what is just or right by the exercise of authority or power; the assignment of deserved reward or punishment; the giving of due deserts.” John Rawls (1971), in his Theory of Justice, stated: “Justice is the first virtue of social institutions.” Justice is a moral or normative concept, where “just” is morally good, and “unjust” is morally bad.
Morton Deutsch (2000) argued that providing a complete and adequate definition of justice is challenging. In many cases, serious injustice is recognized in various forms, including violations of distributive justice, procedural justice, and human rights. The justice system follows a lengthy and complex procedure, and in many cases, judgments are flawed due to procedural injustice. Thrasymachus defined justice as “nothing other than the advantage of the stronger,” “obeying the laws of the ruler(s),” and “primarily benefiting those in power rather than the general public.” He further argued: “Injustice, when it emerges on a sufficient scale, is mightier, freer, and more masterful than justice. The just serves the advantage of the stronger, while the unjust serves personal profit and self-interest.”
India’s justice system reflects the views of Bankim Chandra Chattopadhyay (1838–1894), the renowned Bengali novelist, poet, journalist, and essayist. He believed that “the justice system was unfair and biased towards the rich.” According to him: “The judiciary system is a circus played by the rich.” Shib Nath Shastri (1847–1919), a contemporary of Bankim Chandra, wrote in his memoirs (in Bengali): “In those days, anyone involved in the administration of justice amassed enviable fortunes through bribes, corruption, perjury, forgery, manipulation, and deception, becoming wealthy in the shortest possible time.”
Has this system changed in independent India? Several court verdicts suggest that the system remains as flawed as before. True justice requires a humanitarian approach, where “a good trial judge must have a third ear—not only to hear what is said but also to comprehend what is left unsaid.” Otherwise, as the saying goes: “The word of judgment cries in silence.”

Comments

TRENDING

Grueling summer ahead: Cuttack’s alarming health trends and what they mean for Odisha

By Sudhansu R Das  The preparation to face the summer should begin early in Odisha. People in the state endure long, grueling summer months starting from mid-February and extending until the end of October. This prolonged heat adversely affects productivity, causes deaths and diseases, and impacts agriculture, tourism and the unorganized sector. The social, economic and cultural life of the state remains severely disrupted during the peak heat months.

Stronger India–Russia partnership highlights a missed energy breakthrough

By N.S. Venkataraman*  The recent visit of Russian President Vladimir Putin to India was widely publicized across several countries and has attracted significant global attention. The warmth with which Mr. Putin was received by Prime Minister Narendra Modi was particularly noted, prompting policy planners worldwide to examine the implications of this cordial relationship for the global economy and political climate. India–Russia relations have stood on a strong foundation for decades and have consistently withstood geopolitical shifts. This is in marked contrast to India’s ties with the United States, which have experienced fluctuations under different U.S. administrations.

From natural farming to fair prices: Young entrepreneurs show a new path

By Bharat Dogra   There have been frequent debates on agro-business companies not showing adequate concern for the livelihoods of small farmers. Farmers’ unions have often protested—generally with good reason—that while they do not receive fair returns despite high risks and hard work, corporate interests that merely process the crops produced by farmers earn disproportionately high profits. Hence, there is a growing demand for alternative models of agro-business development that demonstrate genuine commitment to protecting farmer livelihoods.

The Vande Mataram debate and the politics of manufactured controversy

By Vidya Bhushan Rawat*  The recent Vande Mataram debate in Parliament was never meant to foster genuine dialogue. Each political party spoke past the other, addressing its own constituency, ensuring that clips went viral rather than contributing to meaningful deliberation. The objective was clear: to construct a Hindutva narrative ahead of the Bengal elections. Predictably, the Lok Sabha will likely expunge the opposition’s “controversial” remarks while retaining blatant inaccuracies voiced by ministers and ruling-party members. The BJP has mastered the art of inserting distortions into parliamentary records to provide them with a veneer of historical legitimacy.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

The cost of being Indian: How inequality and market logic redefine rights

By Vikas Gupta   We, the people of India, are engaged in a daily tryst—read: struggle—for basic human rights. For the seemingly well-to-do, the wish list includes constant water supply, clean air, safe roads, punctual public transportation, and crime-free neighbourhoods. For those further down the ladder, the struggle is starker: food that fills the stomach, water that doesn’t sicken, medicines that don’t kill, houses that don’t flood, habitats at safe distances from polluted streams or garbage piles, and exploitation-free environments in the public institutions they are compelled to navigate.

Why India must urgently strengthen its policies for an ageing population

By Bharat Dogra   A quiet but far-reaching demographic transformation is reshaping much of the world. As life expectancy rises and birth rates fall, societies are witnessing a rapid increase in the proportion of older people. This shift has profound implications for public policy, and the need to strengthen frameworks for healthy and secure ageing has never been more urgent. India is among the countries where these pressures will intensify most sharply in the coming decades.

Thota Sitaramaiah: An internal pillar of an underground organisation

By Harsh Thakor*  Thota Sitaramaiah was regarded within his circles as an example of the many individuals whose work in various underground movements remained largely unknown to the wider public. While some leaders become visible through organisational roles or media attention, many others contribute quietly, without public recognition. Sitaramaiah was considered one such figure. He passed away on December 8, 2025, at the age of 65.

Proposals for Babri Masjid, Ram Temple spark fears of polarisation before West Bengal polls

By A Representative   A political debate has emerged in West Bengal following recent announcements about plans for new religious structures in Murshidabad district, including a proposed mosque to be named Babri Masjid and a separate announcement by a BJP leader regarding the construction of a Ram temple in another location within Behrampur.