Jury Law in India

Why Jury Law should be brought to India?

The current judicial system in India has too many loopholes and that is why most of the time in India, the career criminals and gangsters get bail and never get punishments. In the current system, we have it is very easy for a criminal to get away by giving money to judges and also if there is no such way for a criminal to get bail or get saved by money then he/she has many ways of appealing in higher courts which are good but without a Jury and the set of rules we have is very simple for a criminal to get away. 

Who will be the people of the Jury?

The people of the Jury will be a random Indian citizen who will nominate himself for the position above 18 years of age who is at least a matric pass. Also, the minimum qualification will change for Lower Court, High Court and Supreme Court. The person who was jury once will not be nominated again to a Jury in next 10 years which will reduce corruption significantly in the judiciary. The Jury shall consist, people of different religions, age, education and wealth in proportion to the people living in the area and the nation. There must be 12 to 16 members of the Jury trying the alleged.

What will the judge do then?

The judge will keep decorum in the Court and take certain measures to maintain discipline. However, the judge will have no say in the final judgement.

What other benefits do we have from the Jury Law?

Also, such a system will make our economy grow at a very fast pace. Now let’s take an example, most Indian youngsters are not interested in developing in a factory because of the lack of support of the judiciary system of India. If a Government officer or a labour files a fake case against the factory owner due to political gain then it is very easy for them to win the case by providing fake proofs to the court however in Jury system, the Jury will be least open to corruption because they will be common citizens who understand the issues from the core, not a person of the elite class earning a decent amount and working in a system with very little options. The people of the Jury know the closing of the factory will be a loss for the people and poor of the area or village. Also, this will empower the citizens more.

Did we have this law before?

Yes, we did. India did have the Jury system. The Jury system in India was soon abolished after K.M. Nanavati vs State of Maharashtra in Greater Bombay Sessions Court on November 24, 1961. This law was abolished because back then society was very biased but then today that is not the case. If we have a Jury of people ranging from poor to rich, Hindu to Muslim, least educated to PhD, then the Jury would give their collective opinion way better than a judge saying only his opinion and moulding proofs in his own way.

What if a person believes that Judge system is better?

A person tried in Civil cases (as defined by the Indian Constitution) should have a right of deciding he should be tried by the Jury system or the Judge system. However, this right should be taken away for the people tried in Criminal Cases and they should be tried by Jury.

Who proposed it?

The Right to Recall Party in India has already demanded these laws but the Government has been too reluctant to implement them as they are against their own political benefits.

Short Note to fellow Indians…

Dear Citizens, if we do not empower ourselves now then it will be very tough for our country to survive into the next century… Cases like Nirbhaya Rape Case should be over in 5 days but in our system, it is still going for 5 years which is shameful for all Indians in the World. 

If we don’t change India today, maybe we will lose our chance tomorrow!!!

Further reading: (click on them to be redirected)

Manifesto of the Right to Recall Party

Five major issues in the Indian Judicial System

Al Jazeera Article on Slow Road to Justice for Rape Victims in India

The Huffington Post Article on Indian Judiciary

Survey concluding Indians believing their judiciary to be corrupt

For any more reading type on Google Search Engine these keywords: Indian Judiciary Failures

Jai Hind!

Vande Mataram!!!

Get me with suggestions here: anubhav.bangalore.rourkela@gmail.com

Contact Information click here

-Anubhav Mishra

 

 

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4 thoughts on “Jury Law in India

  1. Brave say about Jury Law come back…Think about how to make this article visible in journal. Contact TOI & Hindi.
    Wish you many more thoughts …well done Anubhav. Draft was neat.

    Liked by 1 person

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