Justice Trampled With Impunity
J.N. Manokaran
Ahab King of Samaria wanted to expand his estate, to accommodate vegetable garden. He found a vineyard belonging to Naboth the Jezreelite close to his palace of Ahab king of Samaria. But Naboth was not willing to part with his vineyard to be converted to a vegetable garden. Heeding the advise of his wife Jezebel, Naboth was murdered on false charges of cursing (blasphemy) God and king. Ahab took possession of the vineyard. God sent Elijah to confront Aham and declare God’s punishment on him. Ahab considered Elijah as his enemy. (I Kings 21) Similar incidents happen in India every day. One prominent example, highlighted by media is Ruchika Girhotra episode. Ruchika Girhotra was traumatized, tormented was abetted to commit suicide by a so called gallant (who got an award) police officer who led the Haryana State police force as Director General of Police. S.P.S. Rathore, who wanted to protect himself, proactively tormented the family members that they ran for life to another State – Himachal Pradesh. After nineteen long years, the tortoise justice system awards only 6 months jail and Rs. 1000 as fine. And he comes out in bail the very same day. And this has shocked the conscience of right thinking people in this country.
Civil society
The civil society has failed to give protection to the girl. In a culture, where women are blamed for all that goes wrong, the teenager would have been blamed. If there is a divorce or rape or harassment or molestation, it is the girl who is wrong not the perpetuators of atrocities. Unless this attitude of the society is changed, there is no hope for India to be a Super power. This attitude is developed in families, schools, institutions, media and society. When girls become victim of incest in homes they should be quiet to protect the ‘family honour’, if at all there is any. Many times even the family members do not believe the girl’s version. Insufficient dowry leads to domestic violence and young brides are expected to suffer silently to keep the family honour intact. Harassment and molestation in public places or in institutions or offices should be borne with fortitude and should not get exposed and bring shame to reputation of the family. Keeping up with the social norms, police refuse to file complaints and even taunt those who come seeking help; and courts do not take these crimes seriously.
In what way Christian community is different? Are Christians role models following biblical values?
Media
Media that should stand with conviction for truth is strange bedfellows with power today. Reports are to make sensations and make sensitive to issues. When power speaks, the truth becomes silent according to modern media professionals. There is hope because of few, may be ten percent honest journalists who are for the truth. Media creates superficial debates and does not take its good campaigns to logical conclusion. So, politicians and bureaucrats nexus knows that the public memory is short, and media could be managed, not to rake up issues that could make them accountable. Ruchika’s case did not draw attention nineteen years ago as it has today.
Media is supposed to play the role of prophet in a democracy. But media in India is feeble that does not have courage like true prophets of Old Testament. The reason is: Christians are not entering media with a mission to establish justice in the country.
School
School is a great institution in the lives of children. They are inspired and shaped by the school. Alas, Sacred Heart School (it is a shame for a Christian institution) did not bother to protect the student but became pan in the hands of an immoral police officer and victimized the hapless student. How much students trust their teachers? It was betrayal of the teenager’s trust. School of institution should be a vanguard of justice especially for children. Schools that should teach children to report abuse, but strangely this school harassed the girl. Favouring Rathore’s daughter who studied in the same school, the school authorities dismissed her from the school giving flimsy reasons. A reputed Christian school becomes willing tool of immoral police and dares to victimize the victim of oppression another time.
Failure of Government institutions
Ruchika parents ran from pillar to post asking support and protection. The Home Secretary in the Haryana Government was not at home in his job, he said he was ‘helpless’. He failed to use his moral courage and legitimate power provided by the Government. He had the power and capacity to do something, but refused to do to get favour with his political masters and bureaucratic peers. The politicians favoured immoral and corrupt police officer instead of siding with justice.
Government in British Raj Mould
The British Raj had laws to protect the bureaucrats. So, no case could be filed against Government executives unless the Government gave permission. The Haryana State Government that had three or four Chief Ministers did not give permission to charge sheet the shameless official. And one Chief Minister even promoted him to make a law breaker the Director General of Police of Haryana. Politicians and bureaucrats serve power and not people.
Court
Indian judicial system moves in snail’s speed. There is no sense of urgency in providing justice to victims of oppression and exploitation. Lawyers can drag the cases as long as they want. And this case came to a conclusion after nineteen years of the crime. Victims who wait for such a long time consider this as living death. As in British times, the courts close for summer vacation which is not warranted. (Millions of Indians toil under direct sun in India) There is no time frame for closure of criminal cases.
Victimization of justice seekers
The bureaucrats and politicians can shamelessly victimize the justice seekers. Whistle blowers also could face torment for having courage and guts. Ruchika’s brother Ashu was hounded by police sent by Rathore. They behaved like goons rather than protector of law. Ashu states he was treated like a dog and tortured under the direct supervision of Rathore. He was just 17 years old. They filed nineteen cases against the young man, arrested and tortured in police stations. Instead of keeping him in juvenile home, he was kept in police custody which is brazen violation of law of the land. Like Ahab who made false charges and murdered Naboth; Rathore filed false charges against brother of Richika, Ashu. It is a shame that none of the subordinates in the police force had sense of justice or courage to question Rathore’s atrocities. The police officers acted like private army of Rathore rather than Government police force with the mandate to protect the citizens. They were all willing tools in Rathore’s hands.
Crocodile tears
There is another news report that BJP Member of Parliament wrote a letter to the Haryana Chief Minister, Chautala requesting action against Rathore. And this letter was shown to then the Prime Minister Atal Bihari Vajpayee and the M.P. claimed that tears rolled from the P.M.’s eyes. Is it a sentimental report for public consumption? If the Prime Minister was concerned about justice, what action did he take? He could have just called the Chief Minister and could have spoken to him to do justice. Instead he wept like a child! What kind of leaders this nation has?
Human rights
Even when the Fundamental Rights guaranteed by the Constitution of India is denied to citizens, how can Indians aspire for human rights? Richika’s right as citizen of India was not honoured. She was not allowed to live with dignity. Her brother was humiliated and his rights were violated. Rathore holding legitimate position was using illegitimate means and methods to achieve his selfish interests. In Global forums, India likes to show itself as Super Power concerned about human rights. But, the majority of police personnel in India do not have even basis sense or idea about human rights.
What should be done?
1. The Prime Minister should initiate a law that would make it unnecessary to get permission from Government to prosecute errant officials.
2. Human rights commissions should be filled with people with high reputation and those who have track records of fighting for human rights. Human Rights Commission and Minority Commission should be given statutory status.
3. There is a need for a law to ban Government officials and politicians (serving and retired) to hold posts in sports bodies.
4. Judicial reforms should be initiated immediately. Criminal cases should be closed within 18 months of registration of case.
5. The police officials who filed false cases against Ruchika’s brother should be dismissed, pensions withdrawn and criminal procedures against them should be initiated.
6. Rathore should be tried again and the quantum of punishment should be increased. The quantum of punishment for police officials should be doubled and so to the lawyers and politicians.
7. Civil society should be engaged and educated by using Television, Internet and print media. Theses public cause advertisements should be mandatory during prime time and the Government need not pay for this public service.
8. Rathore’s pension should be stopped with immediate effect and pension money disbursed should be collected with retrospective effect. His medal should be stripped immediately. The case should be taken by Fast Track court in another state and justice should be done.
9. All complaints in the police station should be First Information Report (FIR) and should be made available in the website of the State Police Department and the status should be updated every day so that public audit could be done.
10. CBI officials who favoured the oppressor and diluted the charges should be punished.




