“Justice Is No Longer Blind”

It is indeed heartening to know that the Indian Judiciary has jettisoned the old image of Lady Justice that represented Roman goddess Justitia as the ultimate symbol of Justice of the Western world. Now the image of lady with open eyes with scales (balance) in one hand and the Indian constitution in the other hand is a welcome change in line with the movement to get rid of the colonial legacy.

There is Bollywood movie "Andha Kanoon" (Blind Justice) of the early eighties that depicted how law can go wrong if criminals can create evidence of their innocence. People resort to violence to avenge the wrong and this perpetrates the vicious cycle of crime and punishment.

In India although judiciary is held in high respect, derailment of justice in a few cases strengthen the proverb that Justice is blind. But this was not the original intent of having the image of Justitia which was to deliver justice based on the basis of arguments and evidence. The image of sword to dispense quick and decisive justice is violent. Edges on both sides of the sword reflect justice could go either way.

It is sad that most of the European counties and countries of the West that champion abrogation of death sentence continue to have this gory image. In this context too, the new image in Indian judiciary is a welcome move. Justice under the new image shall be dispensed with in accordance with the constitution that governs the legal system.

Indian system of justice has always given primacy to dharma that has governed Justice system in ancient India. Dharma means what is right and wrong and justiciable in the context of life. It does not believe in punishment as much as in reformation. Individuals always get a chance to reform and become a more cultured members of the society.

This system of justice treated everyone as equal and did not discriminate on the basis of caste or religion. Discrimination entered when the State started promoting one religion over the other as for example during the Muslim rule in India Jazia tax were imposed to enable Hindus to follow their religious practices. The British too had different systems of justice in India: one for the British and the Indian elites and the other for the commoners.

Earlier, judges used to wear wigs to demonstrate anonymity and impartiality. The practice has been discarded because more than dress it is the mind that is important. In Indian system even the defaulters become "panch Parmeshwar" if he adorns the office of the judge. Such is the sanctity attached to the office.

The country has witnessed other transformative steps too such as the new Acts of jurisprudence that the Modi Government had introduced replacing the old ones. Bharatiya Nyaya Samhita 2023 (Indian Justice Code) has replaced the Indian Penal Code of 1860; Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act of 1872 and the Bharatiya Nagrik Surakha Samhita has replaced the Code of Criminal Procedure 1973. These have been implemented to remove old and dilapidate provisions of the law and to make jurisprudence modern in the context of technological developments.

CJI Chandrachud has worked hard to bring in transparency in the judiciary and for brining justice process closer to the common man by live-streaming all its proceedings. When you are being watched by millions as rendering justice, this is bound to bring in more accountability.

As a result of this new transparency movement, people seeking justice can also know how lawyers are arguing their cases and who has better grip on the issues being handled. This is set to force lawyer to be more aware and proficient in the subjects they have been handling. More and more courts even at the lower level need to adopt these-technology driven processes.

You don't need to be blind to dispense justice. One just needs to be aware of the responsibility that the post of a judge bestows. And one is not free since justice must be justiciable as per the Constitution of India. What a beautiful way to redefine justice keeping ourselves at par with the Global changes. There are more changes to be substituted in times to come.

(Sudesh is former spokesperson of the BJP and lawyer practicing in various courts of Delhi particularly in Delhi High Court and the Supreme Court)