Justice delayed. Justice denied?
Hey there. I am justice. Someone or let’s say something that is expected to happen at times of scarcity. Scarcity of respect, dignity, love, honour or as to explicitly summarize it, inhumanity. I am bound to occur when people forget their responsibilities and if I happen to be a little bit out of time, I am called off through candle light flames or sometimes even accompanied with hashtags.
Evidences and proper investigation are my tonics and yes the pronouncement of precedent makers happen to be my bible. Yet I am enclosed. Enclosed in those fine yet hefty clouds of corruption and dishonesty. I am played with those immoral minds and I am repudiated inside bulky amounts. I am accounted to put people behind bars but instead I am locked down inside sheets of papers. I am there present in the very moment but I am disrespected and forgotten. My strength givers that are the evidences and proof are made certain to undergo a surgery in a realistic way possible and this way I am delayed and then denied. I am for all humans without any category of distinctions, however these days, I am made to endure an auction of my form of occurrence every now and then.
This way the general society have lost faith in me. Even then I get alive sometimes. I get alive, contradicting every manipulation illicit minds have done, proving a point of my existence. I might get delayed because of my complications, but I make sure I don’t get denied easily. So as a result of sympathy and respect, all I crave for in this very moment is a little bit of faith and hope in me and my entire system and that I genuinely plea for it. This is my story
Waking up to a dream as such made me numb for a while. However nodding my head to a different direction, I pulled out the curtains, expecting to get a touch of balminess. Failing to get any, I realised that the sun rose upbeat yet shielded that morning. It seemed as if it wanted to rise but it unexpectedly got lost in a confusing maze created by those huge masses of vapour just like justice gets lost sometimes inside heavy bundles of cash. But unexpectedly, the sun did rise some hour that day, contradicting every weather assumption people had. This made me realise that justice will also happen someday, fighting every stones that come its way. All we need to do is have faith and trust in the entire system, because not always justice delayed is justice denied.
Justice. Whenever the term justice strikes my mind all I can ponder of is a figure. A figure of a blind folded lady justice, Lusticia holding balance scales and a rifled sword. Elucidating the picture further, she is kept blind folded just because she is expected to treat everyone same and equal. She has balance scales just so she can measure guilt and that she has a sword so that she could punish the guilty heads. After this vision, many of you might not think justice as a petite letter word as it holds a lot of burden on itself. Providing justice has forever been byzantine. When providing justice, judges are bound to follow some basic principles and that they are expected to give verdicts based on those grounds.
The complication in providing justice starts from the very beginning that is when the act against the law is committed. Actus reus is determined by two factors. Acts conducted unacceptable on itself which is required to be mentioned under strict liability or the acts committed with regards to omission of something. The omission could be of a law, voluntary undertakings or even blood relationship. When an act illegal happens, the very first examination done is about the crime that has been committed.
This can be exemplified by the case of Jit Kumari Pangeni vs the Prime Minister. This case elaborated the difference of rape and marital rape in Nepal and considered marital rape as a grievous and a punishable offense. In addition, with regards to the criminal justice system, an illegal act even proved on itself is not sufficient. Mens rea i.e intention to commit the act also has to be examined. Furtherly the nature of the crime and its extremities is a must to be looked into as that defines the exact tenure of punishment ,,one should get for their heinous acts.
Despite all of this, the stages of accomplishment of crimes should also be scrutinised and then only the person can be held guilty. The processes of charge sheets, reply letters and normal proceedings enlarge the time period even more. And when this gets hold of an illegitimate mind set, the environment worsens.
Withholding the concept of not making an innocent guilty, the benches in court strive to make a fair decision. And whatever manipulation done, sometimes justice comes its way through .This can be proved by the long taken the verdict of Delhi gang rape case. Although efforts were made to delay the judgement and eventually to deny justice, everything failed and that the soul of Nirbhaya, after seven long years, finally rested in peace. This act of our neighbouring country has however awakened us a little bit, as it reminds us the case of Nirmala Panta, a thirteen year old who was raped to death. Flyers of justice being denied with a soulful picture of hers are yet being distributed.
Whereby I here stand by the fact that even when sometimes justice is delayed, it isn’t denied. The complicated nature of criminal justice system takes time. I just hope and pray that even if justice takes some reasonable time, it happens and it surely will. All we need to do is have some trust in justice itself.