Why Indian Criminal Justice System needs an overhaul along with the mindset of the judges

The criminal justice system of India is a rotten, outdated judicial system, a legacy of the British raj, subsequently reinforced by political and other biases of the judges themselves. Particularly repugnant is the attitude of the judicial system to the women and children victims of rape, molestation and other atrocities and their extreme reluctance to award death penalty even for the most abhorent crime, in the name of liberalism. They deny justice to the victims who are often maimed for life. A cace in point was the judgement delivered in the case of brutal rape of nurse Aruna where the victim was in a vegetative state for the rest of her life and the the perpetrator was awared only a seven year RI by the esteemed and honourable judge (If I do no use these adjectives I'll be dragged for contempt of court - that's the best the criminal justice system can do for good citizens who question its "dharma").

Unfortunately again, we as a coutry have forgotten our dharma, our roots, our legacy and have imbibed false Western hypocritical notions of justice. The West, it is to be remembered, formulated the policy of not delivering a death penalty  in order to showcase itself as a libertian society. It had conducted many genocides and mass murders in the past, in the name of religion and National interest. Almost every Western Nation is guilty of mass murder and torture in their colonies, to their citizens and during wartime. It is to be remembered how our freedom fighters were awarded death penalties on the flimseiest ground, without even a proper process, often by the Indian judges along with their British colonial masters. The same legacy was upheld. Now our courts have taken it a step further by not awarding death penalty to those who really deserve it. By not instilling fear in the mind of perpertrators the court is doing a severe injustice to the women and children of our country who fall victims to such heinous crimes and have to fight a long a tedious battle, often with the society and with the rotten to the core justice system that takes a long long time to deliver justice if at all it does. 

Meanwhile, the criminals, sheltered by political and religious affiliations (yes, minority comminity criminals are protected by their community members) get emboldened to commit more crime, threaten the victims, and greedy and wicked lawyers ensure that the justice is delayed as much as possible. A case in point is Shakti Mills rape case where the brutal assault on the victim was ignored and the death sentence of the known criminals who did it were commuted by Bombay HC. Another is Tarun Tejpal's case where the judge even passed comments on the victim and let Tejpal go away scot free (much to the cheer of the leftist camp who banks on Tejpal to take on Hinduism). In another case a Nagpur HC judge passed a most atrocious judgement in a POSCO case that benefited the perpetrator, and worst of all, that judge was a woman. It shows how deep the prejudices run in the society, how much we have deviated from our tradition of dharma and how rotten is our eduaction and value system.

And the Dharmic Government at the centre has decided not to act to protect the dignity of the women and children, to bring in a legislation award the highest punishment for all such cases and have forgotten the basic premise of a safe state as described in Mahabharata - safety of women. The dharmic Government avoids all confrontation, being true to its Gandhivadi Niti.

I hope there will be a deliverer someday, the sacrifices of so many freedom fighters cannot go in vain, even if it takes 100 years to rectify a rotten political-judicial-administrative system.