NYAY VYAVASTHA (JUDICIAL SYSTEM )


It is unfortunate that in twenty century Justice in India and internationally practiced for “Andhera kayam rahe, Samrat Kilwis ki jai ho, Ujale ka Nash ho, Andhere ka raj ho. (Let the darkness prevails, King Killers poison is great. Let the light vanish, Let the kingdom of darkness prevail). Alas! All this is in the name of law and order!

A) Justice has become Just-ice (like ice) or maybe it is designed in west like this. The basic sound of Bhartiya Nyay Vyavastha does and gives sound of newness-Naya, new order and as such it is the basic responsibility of Bharat to provide Nyay for harmonious government functioning in India and internationally.

B) Social Organization (government) is our first collective wisdom, from this wisdom, emanates security (internal and external) and Nyay Vyavastha. For society and its Government, security is the first, second is administration associated with Nyay (justice).

C) “Social orders are not for justice rather justice is for social order” that is how definition, meaning and application of Nyay change with time and place. Justice is to be just and has to be place and time dependent with sufficient scope for dynamism and flexibility to adopt the changes occurring with the passage of time in given geography. Justice must report to the highest Order on regular basis, or highest order must take judicial review on monthly basis. It can be President for Bharat, with and without recommendation of the parliament as per the circumstance and gravity of the situation.

D) For Bharat, Justice is to be just is of paramount importance, if we really want ourselves to be healthy and happy, progressive and dynamic, society. In colonial rule Nyay the just purposely and knowingly changes to just-ice to show concern and maintain colony. When just (ice) become icy, delay and darkness (Der bhi Andher bhi) are its natural outcome. . Presently, politician though afraid to open its mouth against judicial system, but country must understand that the present judges are paid employee of government of Bharat – a mere government servant, and should not be fearful to take corrective action with respect to judiciary the Nyay Vyavastha. If parliament will not take corrective action it may be possible that people may start respecting local goons for justice.

1. First step is to open the blinder black ribbon from the goddess of Nyay. We have to remove the black (darkness symbol) from the uniform of judges and lawyers.

2. Supreme Court has to shift from only English language to Sanskrit, English, Hindi and some regional language.

3. Time framed judgment for minor crime with single court as final authority. Government will have to encourage one news paper on rotation to bring out the petty crimes, which may or may not register with police, for bringing dynamism in countries Nyay Vyavastha. Treatment inside all kind of jail and for all kind of prisoners have to be human and that of promoting self correction.

4. Appointment of Judges/Nyayadhish will have to be done from respectable, honest and wise citizen (may or may not belong to lawyer community) and will have to be imparted with training on laws, natural law, apart from Socio-Econo- Religional and Political need of Bharat.

5. Frequent dialogue must be encouraged between parliaments; media, lawyers and judges in close doors and declare the broad consensus and broader disagreement for people to offer comment.

6. A wider committee must be set up to develop judicial system in Eastern way, (comprising Hindus, Muslim, Chinese, Jews, Parsi’s and even Christian systems of justice so that it emanate from nature, and then justice will be just and natural.

7. Justice based on paper and document will be encouraged to shift to seeing and proactive Nyay Vyavastha and Guptchar (secret Intelligence) Nyay Vyavastha. Such Guptchar has to be identified and to be in rotation with a power backing of state/zonal head/Law ministry. Any breach by this team will have to be doubly penalized.

8. (Justice) Nyay is a responsibility of the government and to be dependent wholly upon its investigation is the right way to ascertain the crime, listening to the criminal is just to ascertain the extent of punishment, which can be given, in such scenario aggrieved and lawyers are not required.

9. Formation of government is an outer activity of mankind for its outer activities and safety and security. Neither the mankind want, nor it is prerogative of the govt. to intervene in the personal matter of the mankind. Govt. should not cross the border of its basic and legitimized right, to enter into and inside the home. If it is doing then it is not right govt. and secondarily it is making the very citizen enslave of its own government. Keeping this in view the govt. should not interfere in the personal matter of which mankind’s family relatives and elders are responsible and powerful to take appropriate decision in various matters of life at various time and space. As such family issue such as, marriage, divorce, women, wife daughter, sister, mother, man, son, brother, husband, father etc, should be outside the purview of govt. Any interference by the government is breach of the very basic right by the government and its judiciary/Nyay Vyavastha itself. [If marriage is arranged by court then only court is entitled to sort out in any future difference or divorce issue. If marriage is performed by society then society Itself is responsible for sorting out any issue of difference, and if court enters into its domain, court is playing destructive role, which is against the very basic for which courts are setup and govt. which sustains such court can be called colonial, alien or anti people. By freeing it from family issues and leaving it to society itself the talk or so called talk of uniform civil code will be fulfilled on its own.

10. Vigilance with proactive approach will have to be introduced in an integrated way to reduce the situation from where malafide intention is promoted and crime begins. In a way, prevention is better than cure or rather enduing the disease.

11. Atrocities by police and army are not an issue of human right, but failure of judicial process, a proactive approach, will have to be discussed. Now judicial system in place of protector of society starts acting as destroyer of social fabric. For any long-term failure in any city, entire judiciary of that period will also have to be made responsible. No case is registered cannot be treated as an excuse for judges. Corruption in judiciary, which is increasing world over, will have to be curbed in Bharat for us to live in a better way giving example to rest of the world.

12. Semi/quasi judicial service like labour court. Food and sanitary, who are cannibalizing with one party to harass the other as their sole working pattern will have to be discussed to ease out the discrimination meted out to businessman, entrepreneur, industrialist, workers and common masses this responsibility has to be given to the body of senior citizens and religious institutions.

13. To maintain the highest order of honesty and simplicity in Nyay Vyavastha, Nyayadhish will have to be constantly watched or may be raided for avoiding the corrupt practices in them, and to have simplicity Red beacon light in its vehicle will have to be removed. Justices, lawyer’s glorification is inversely proportional to Nyay.

Let’s pray the almighty that our Nyay Vyavastha involves itself in creating living paradise on earth.


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