Is Justice Blind?
One of my friends raised a question that, "Should victims who suffer from ‘miscarriage of justice’ be compensated?"
Here is what I've to say...
In a democratic society, it is the cardinal principal of Law that everybody should be treated as an innocent till he/she is proved guilty. Besides this, none should be condemned unheard. These are also the requirements of fundamental justice. Democracy and human justice are the pillars of a democratic country. Out of the three wings of a democratic country, judiciary plays a pivotal role to ensure the implementation of ‘The Rule of Law’ in the society. Another important task of judiciary is to resolve disputes between the people.
When people go to courts to seek legal redressal and justice, they have great expectations with the conviction that courts are independent, i.e. there is no interference of any executive and legislature wings and judges would be unbiased. Thus, they will be treated fairly. For the fighting of this legal battle, they have to spend their precious money, time and energies in the hope that the justice would be meted out to them.
Here, a very acute problem arises when a truthful man does not get justice with him. This is a ‘miscarriage of justice’ to that aggrieved person. Sometimes, due to lengthy trial, the litigations gets prolonged and due to this prolong litigation, the very purpose of the litigants gets defeated. This is again a failure of justice; ‘miscarriage of justice.’ This causes a mental agony and frustration. Besides this, it causes loss of faith in the administration of justice.
The ‘miscarriage of justice’ causes an irreparable loss to the aggrieved. I think, it would be in the interest of justice to compensate monetarily or in some other way (as the situation demands) to the aggrieved with whom the ‘miscarriage of justice’ has been done. It will also help the aggrieved reposing his/her faith in the judicial system.
~ Copyright © Surabhi Kaura 2010
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