User:Ishaq begh

Judicial System Subordinate to Whom?

It may not be inadequate here to say that laws are for fools and laws are not for all. This term perfectly fits when we deal with the judiciary fails to deliver the justice and practice the law as per need and aspirations. It is clear that judiciary faces various issues which results in its failure. Mostly when referring to a capitalist state like India judiciary is living at the mercy of its opponents, which is not healthy for its sustenance. If the judicial system has a lone job to work for the human rights and when they get violated in this way or the other in front of it, then what is the fun of having such an institution? In order to understand the job of judiciary while dealing with the human rights, many images comes in the minds and which need our immediate attention. A colonial and a capitalist state completely survive on the production produced by the underprivileged class by exploiting them. Colonists, feudal lords, industrial goons and others exercise their power only and only on the weaker sections of life. I am not advocating any Marxisism or its approach here, but depicting the image of a society which bear to live under such aggressions and violations. Poor produce they accumulate, poor produce by working hard and they control the means of production, poor lacks every thing and they are enjoying every thing. Poor supports them whether by bearing coercive or by persuasive politics and they exercise their gained power on them. Poor where ever seeks justice they deliver injustice by that very institution. The above mentioned points perfectly depict the image of our state Jammu and Kashmir. All these examples were implemented here whether they are social, economic or political. Kashmiris like other sections of life faced all these ill treating practices. The social and economic freedom is much more important than the political one. But it is also necessary to get the political freedom after you are endowed with the social and economic ones. Political freedom deserves only when you are enjoying the standards of life. One who is economically slave or living in subjugation can not live politically free. Before attaining the political independence your ecology, economics and social life needs your consciousness but with high morale. It is equal to live in the paradise of fools to expect any revolution from such an underprivileged, poor, subdue, illiterate or even educated illiterate society because they keep only goal to fulfill their basic needs for living. A totally upgraded society has a caliber to over through all the obstacles in it, whether the obstacle is related to social, economic, ecological or a political one. All the past revolutions send a clear message to us that before performing or acting you should prepare yourselves and unite yourselves to bring a change. Kashmir witnessed many human rights violations right from 1947 by armed men, many cases were registered and many remained untouched. But facts are facts and cannot be ignored or sidelined. This fateful land after watching these violations could not see the justice in real sense. It is ironic to say that the prestigious institution (Judicial) got de tracked and completely failed while dealing with the atrocities done. Who so ever is committed must be booked and brought under law. To protect the human rights for which this system was created is very far from it and truly is least bothered to deliver the needed justice. People kept dying, bleeding and crying but this system never opened its closed eyes, if it sometimes it bothered to open its eyes it was compelled to become a mute spectator, its hands were cut and was made lame. Who did so? Who is ordering it, and who is responsible for its failure? While answering these questions it is clear that those elements are responsible for its failure that is against humanity. Man always made the laws for its safety, security, joy, rights, duty and obligation but here in this unfortunate land when he tries to seek an access to these laws he fails to get. Due to these failures a man then despite believing, disbelieves the judicial system. Kashmir only one land on the whole earth has a record that after releasing a person authority is arresting him again and becomes more powerful than the judicial system. When the law practiced delivered its justice, then why its power is being negated, rejected and mocked. Imprisonment after imprisonment is a trend which happens only in Kashmir. Judicial orders where thrown away by the so called law makers. Question arises here that to whom and why the judiciary subordinates. Besides the facts that “Justice hurried is justice buried” and “justice delayed is itself an injustice”, here hurried justice is a dream and other one is being practiced. This was a political picture depicting the failure of judicial system in this forgotten land called as Kashmir. One more picture of my Kashmir is that, it is facing social and economic threats which need the attention of law but unfortunately law is enjoying very far in the lost lands. Whenever a man or a system tries to interfere in the nature, it is nature which wins the battle. In Kashmir the privileged class is grabbing the agricultural land for its vested interests and law is sleeping. They are fighting with the natural gifts and law watches, they destroys the beauty and laws is lame. Such people are making Kashmir socially, economically and politically dependent and the whole system permits them by maintaining a long silence. Rivers, lakes and forests are being encroached and we call it development. One fails to understand, are we all fools or being ruled by the fools. One example will clear this all and that is “hotels in Pahalgam are disposing their wastage into the river Lidder and people are forced to drink it with closed eyes. Health of people is deteriorating day by day after drinking this contaminating water and who cares. In the vicinity of Pahalgam some people have grabbed the river banks by erecting concrete buildings, by this they are leaving behind a fear of flash floods which may destroy the natural beauty along with other valuable things” Despite the ban it is the class of haves who rejected the might of law and challenged the whole judicial system. Before some time the news was circulating that Honorable High court of Jammu and Kashmir issued a PIL against any construction in Pahalgam and this very particular site but people are not bothered of it, because the new area under Master Plan of Pahalgam is being grabbed completely by the land mafia. Here this area is becoming a new colony, and we are unclear while naming it, whether it is a colony, settlement or simply a place of law challenging group”. The agricultural land is being transformed into towns and business hubs but no policy governs. Who will answer these questions? Has every one become a deaf, dumb and lame? Kashmir and its natural beauty is crying and calling us to save it from the destroying hands. If the situation remains at the trajectory level then who will think of the sustainable tourism because beauty of Kashmir needs a sustainable attention but unfortunately it lacks. Along with civil society the judicial and the political systems have to leave their impotence and to sustain the image of Paradise on earth.

Mohd Ishaq Begh Pahalgam Kashmir Ishaqbeghkullar@gmail.com