Updated: Jun 28
Authored by - Mr. Gaurav Sehgal
Designation - Student
Justice is what law seeks to provide each and every person blooming under the law. There are some procedures established by the law of land in order to get justice. Justice is said to be given to the victim in order to compensate/re-establish the loss of the victim, though each time it may not be possible to compensate the loss. It can be delivered legally by following the process established by the law or but can also be provided illegally within the legal sphere. A victim in an open sphere is not the only one who wants justice but is the one who seeks justice, with every crime or act declared unlawful by the supreme law of the land targets the victim directly but a number of victims indirectly for whom it may not be possible to provide justice because the loss never seems to be related or that big to be compensated.
It is not always what is given as per the law. Justice has no exact definition that could fulfill all the criteria’s related to the term. It is not always that the court or the protectors of law who gives to justice to a victim. Also, it is what society gives to a person by making an individual feel whether the concerned person is a victim or not. The decisions made by the society are actually the one’s which makes the outcome l illegal. As a result, the victim who deserves a legal justice is illegally punished by the society. Let’s talk about the matter of patriarchal dominance or inequality prevailing within the society. The fact is that the women even after getting justice have to face the illegal punishment given to them by the society and for which she cannot legally proceed to have justice once again.
The main reason for such illegal punishments which affects one psychologically is pendency. Pendency has always been one of the drawbacks in our legal system since a very long period of time. A victim may even give up on the dreams about getting justice. If we talk about the accuser or the one who has been accused, both the parties for the time being are directly or indirectly punished by the society. All such situations creates a psychological burden on the mindset of the person has been victimized. As a result the person who has not done anything wrong according to the laws is forced to such an extent by the society that it cannot be compared to any of the judgment passed by the laws.
In series of such actions, we tend forget the pain that we are giving to the person who has been accused or to the family members of them. The members of the family go through a really tough time in order to get justice for the wrong things that have happened despite of committing any mistake. We neglect the legal rights or to the loss borne by the person and punish the ones who actually are innocent just by the comments we pass as being a part of the society. Sometimes we even by segregate them from being a part of this society.
We the creators of this society are actually the individuals who do wrong. We are unwillingly or willingly creating bars of segregation for the people who a part of a crime that should have never happened. Despite of protecting the victim from the phase where he/she is going through a lot, we prefer to push them harder into the sea and not letting them to get out of easily.
We also believe that justice shall and only be given by the protectors or guardians of law. A question arises that should we have any right to punish even the person who has done wrong? My say on this would be that we are not the creator of the laws nor the guardians. In fact, we are a part of law or a bridge of law who creates an easy path for the victims to reach to the actual guardians of law. We believe to seek justice from them and thus we do not have any right to punish even the person who has done anything wrong. We believe to keep peace, equality amongst all the people under it.
Let’s talk about one another serious matter i.e. rape, murder. We as a society end punishing either of the one the victim, or the wrongdoers, which is yet to be found by the court. We comment or say such sort of words that we might not intentionally but in-intentionally targets the reputation of victim. The period of time that goes into getting justice to the innocent is such a long period that the victim is actual indirectly and unintentionally killed by the society. Even after getting justice, the victim is left with no power to face the society as they themselves have killed the victim by not accepting him/her to be a part of the society and were not by the side of the victim help them get justice.
Illegal is anything actually which is not legal by the law of the land or what is not allowed to be done or followed by the supreme law prevailing over the land and every person indulging into any illegal act is a wrongdoer and shall be punished by the law prevailing over the land. Do we actually follow this in case of involvement of a larger group of people are indulged into such illegal activities? We don’t do anything. We just end up by saying that such a huge number of mindset can never be wrong. We do not believe that we as a society collectively could do an illegal act and the act done collectively by all is for the benefit to all of us. So, it does not matter at all if we end up by putting innocent lives at stake just because we feel that such person cant be a part of society any more.
We hope to get justice in order to regain what we have actually lost or to get what is worthy of such a crime. Being a part of this double minded society, we end up by giving an illegal justice to the person who has been accused even if the justice is given the law. We tend to create such a gap between the victim of such heinous crimes and set such a negative example for our future generations that they indirectly end up by boycotting the justice provided to such victims legally as per the law. The judgment is of no use because they have been already provided illegal justice by the society, which has willingly given a title to the victim that he/she actually doesn’t deserve.
Therefore in my views, we have been trying over ages to segregate the victims of rape or the ones who have been trapped into the cases of murder, but do we have actually think about the psychological burden they have on them and what we are giving them are titles of a murderer or a rape victim. Even if later we stand later by their side it does not matter because when the matter was pending in the court we by our acts, comments, gestures had already segregated them to be what we are in this society and this is what actually an illegal justice is. It’s of no use to get the victims a legal justice because we have already converted there legal into an illegal one. We, the society at whole is at fault and are actually the wrongdoers, who even try to convict those who have been the sufferer in real.