Strengths, Weakness, Opportunities & Threats (SWOT Analysis) In the Judicial system of the worlds most populous democracy. our INDIA I.e Bharat 5.0.
Justice Delayed is Justice Denied. (Death by Delay)
Justice Derailed is InJustice Delivered. (Double Death by the-LIE) _GRP
1. Strengths: The Indian Justice system is driven based on by the Indian Constitution and the constitutional provisions of Legislation & executive Machineries(Delegated Legislation) while interpreted, regulated and enforced by the judiciary.
It is diverse and engaged with the public and Civic agencies in administration of justice.
2. Weakness: It has many loop holes due to Foreign European colonial law system.
There are many Anti-Citizen laws that the earlier non-democratic Rulers of India created in order to keep the mass under control and inter-conflicted do that the Ruling Oligarchy could run the show with impunity.. this is what is keeping the legacy of control over distressed masses continuing. The goal is not delivery of justice but its endless looping of just-icing on the fake cake. A feel of seeking of justice that may be delayed by min of 6 years and in some cases never done.
Do see the below msg to understand the Weakness in Judicial systems that creating and Sustaining the issues.
This is the story of Sopan Narsinga Gaikwad AND of our judicial system.
1968: Sopan, aged 55 years, hailing from rural Maharashtra, purchased a plot of land through a registered sale deed. Soon after, he came to know that it was already mortgaged to a bank in lieu of the loan taken by the original owner.
1969: The bank issues a notice to him on default of loan by original owner. Sopan approaches the courts to enforce his rights.
1982 (14 years after purchase): A trial court issues a decree in his favour. Original owner moves court. Sopan is now 69 years old.
1987 (19 years after purchase): High court reverses the decree that favored him. Sopan is 74 years old.
1988 (20 years after purchase): Sopan moves High court against the HC order. Sopan is 75 years old.
2015 (47 Years after purchase and 27 years after appeal): Bombay High Court dismisses the appeal. Sopan appeals to a larger bench. Sopan is 102 years old.
2019 (51 years after purchase): Bombay HC dismisses the second appeal too for delayed filing and default for non appearance. Sopan never knew his lawyers did not appear in court. Sopan hails from Rural Maharashtra and is 106 years old now.
2021 (53 years after purchase): Sopan appeals in the Supreme Court against the HC order. Sopan is 108 years old.
12 July 2021 (53 years after purchase): SC agrees to hear Sopan’s appeal. Sopan is 108 years old.
12 July 2021: The lawyer of Sopan informs the court that his client has died. The information from Rural Maharashtra took time to reach the advocate. Sopan died aged 108 years.
Sopan bought land and paid for it when he was 55. Sopan died at age 108, almost 53 years since he bought the land. He still doesn’t have ownership of his Bonafide claim and the court is still deciding his ownership.
This is the story of Sopan Narsinga Gaikwad.
Or is it the story of Indian judicial system?
3. Opportunities: The New UCC civil codes and also revamp of Criminal codes of IPC and CrPC are good opportunities for reforms though the method they are drafted, presented and enacted should be improved by Democratization & Expect Peer Review by ally and International fair legal communities.
4. Threats: There is a Threat of Bad faith actors both outside and inside the system to misuse the loop holes and flaws of law and also abuse the process of law like a claw into the flesh of innocent Citizens by malignant Clanizens.
https://m.thewire.in/article/law/women-engaging-in-legal-terrorism-by-misusing-section-on-cruelty-by-husbands-calcutta-hc?mid_related_new
How innocent families-men are Targeted in this threatful system.. a right observation by one honorable court in a country with 1000s of courts.
There is a need to unite. https://m.thewire.in/article/communalism/christians-attacked-in-delhi-church-during-sunday-service
For Constitutional-Secularism.
https://grpvcare2dare.design.blog/2023/03/15/project-saghar-safespaces-for-skeptics-agnostics-humanists-atheists-rationalists-mission_scientific-nations2030/
There are Threats from radical fundamental ideologies to take control of the law and order (extreme Jihadvadi, Crusadevadis, Hindutvadis, Communistivadi.. etc) and this will still further reduce the already bad global legal index of our Nation.
Conclusion:
This SWOT-Analysis of Indian Legal System Reveals there are lot of deep root causes to the problems in Indian Legal system which is making 1. common civilized citizens to stay away from raising concern on violation of their human rights.
2. Encouraging malicious false litigants to use the law as a claw to harass and hurt the innocents in a loop of false cases and malicious proceedings. Also whistle blowers and insider information is not honored but silenced in the corrupt political industrial legal nexus system.
By Dr. (Prof) Amitav Banerjee, Epidemiologist
Universal Health Organisation (UHO), Chairman
Our advisers, present and past, to the government should maintain a scientific temper instead of being opinionated and ostrich like in face of disturbing patterns of sudden deaths globally. When science is suppressed due to various conflicts of interest, people die.👇
https://qvive.in/india-news/covid-vaccine-want-of-evidence-of-adverse-reaction-shouldnt-mean-absence-of-proof/
3. If this trend continues we will observe more unpunished criminals engaging in more bold crimes and an exodus of ethical people to other better justice administered nations(Immigration), mental asylum, Jails(Homicides) or Mortuaries (Suicides). its like Brain drain.. it will be a heart drain. A huge hidden loss to national morale and ethical well being.
4. Legalites if want to maintain the dignity of their profession need to uphold professional ethics and fight for justice by harmonious construction and not just money and power.
Brought to you by Humara Initiatives for better Human rights im India:. *HumanRights-Mitras Mission4 More_Justier_India⚖️🇮🇳2030: Grp_Invite for Citizens, Acitivists, Academics, Journalists & Advocate-Legalists & Political Observers:*
https://chat.whatsapp.com/9PMcJmJGUjc0t0enr4BmqL
Resources:
How can judiciary be more Fairer & justier. https://grpvcare2dare.design.blog/2022/05/10/s133-how-to-be-fair-secrets-to-more-fairness-grp/
Eg of Indian Justice and Injustice Systems.
1. Nithari Child and women Serial Killing of 17 Indians by 2 men. They will be released. https://www.thehindu.com/news/national/nithari-serial-killings-case-allahabad-hc-acquits-koli-pandher/article67425911.ece/
2. Justice to Sunanda Pushkar an army persons child: https://en.m.wikipedia.org/wiki/Sunanda_Pushkar
3. Justice to Advocate Jeeva police-politics harrrasment in Bengaluru.
GRP_VCare2Dare 