Non-violence as an art of resistance
GS Paper IV
Topic: Human Values – lessons from the lives and teachings of great leaders, reformers
Mains: Rising violence in society
What’s the News?
From toxic nationalism, triumphant majoritarianism, heightened socioeconomic inequality to ethical-political impoverishment, our society has been characterised by many as violent.
Examples of growing violence in the society:
- The recurrence of rape and absolute objectification of women;
- The celebration of police encounters and the militarisation of the consciousness;
- The toxic/inflammatory speeches by Ministers and the invasion of university spaces by sponsored goons;
- The castigation of all dissenters and its vulgar celebration by noisy television channels.
Reason behind appeal of violence:
Despite the illuminating presence of the likes of Buddha and Mahavira, Nanak and Kabir, or Gandhi and Tagore in the civilisational landscape, the instinct of violence continues to have tremendous appeal to the average person’s consciousness.
- It tempts us:
- As it activates and nurtures our egos;
- The devastating wars that have taken place in the name of the ‘glory’ of the nation reveal our collective and cumulative egos. Moreover, this egotistic pride is often celebrated as a hyper-masculine attribute of bravery.
- It excites the surface personality:
- It stimulates our immediate instinctual gratification.
- In recent times, we are seeing this sort of violence in the form of mob lynching or communal frenzy.
- It is appealing:
- As it does not demand the honest effort of self-reflection. Instead, we are led to believe that the problem lies necessarily always outside, and hence the annihilation of the ‘enemy’ out there is seen to be the only way to our redemption.
- In fact, the prevalent majoritarian nationalism sustains itself through this negative logic of the ‘enemy’, be it Pakistan or a bunch of ‘urban Naxals’. The stimulation of war is what explains its mass appeal.
- It satisfies the urge to find quick ‘solutions’: This sort of ‘surgical’ orientation is seen in the nihilistic play of ‘suicide bombers’, or even in the supposedly ‘revolutionary’ guerilla warfare.
- It encourages one’s desire to be seen as ‘superior’ to others. This violence in the name of hierarchy or asymmetrical distribution of cultural/economic capital is seen in the cycle of caste war, racial discrimination and class conflict.
Way to non-violent society:
- The fate of non-violence as an art of resistance would depend on our willingness to understand the meaning of the existential quest- to live is to rebel; and to rebel is to love and heal the wound.
- Non- possessiveness: to move towards non-violence is to move towards the spirit of non-possessiveness. Because it is the urge to accumulate wealth and power that intensifies one’s ego, and causes a broken relationship with others.
- The power of empathy, and cultivate the art of listening: The spirit of dialogue or the ethics of care emanates from non-violence; it is the only answer to a totalitarian/fascist mindset.
A non-violent society cannot be based on
- The logic of techno-capitalism, its exploitative urge, or
- The violence it inflicts on nature through the logic of ceaseless ‘development’ and consumerism.
Conclusion:
- We are passing through terribly difficult times. With the rise of right wing nationalism in different parts of the world, the culture of violence has acquired a new dimension.
- And in our own country, the non-dialogic ruling regime is turning everything into its opposite: vice into virtue, hatred into patriotism, and hyper-masculine aggression into religion.
- However, the desire for non-violence is not yet finished as seen in the protests of Shaheen Bagh
Infirmities and delays in criminal justice system
Paper: II
For Prelims: Malimath Committee.
For Mains: Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.
Context of News:
- It is every man’s business to see that justice is done. But, it is also true that the course of justice often prevents it. The long delay in hanging the convicts in the December 16 rape and murder case stands in stark contrast to the encounter killing of four rapists of a veterinary doctor in Telangana is the recent adding to the list of long due need of overhauling of criminal justice system.
- The chasm between people’s perception of justice and the actual majesty of law as it unravels over trial, conviction and executions has been widening with each passing day of long-drawn trials and eventual implementation of the verdict. This is one of the biggest causative factors for the lynch-mob and justice-at-hand mentality, even in minor accident offences involving transport vehicles.
Malimath Committee Report:
- Malimath Committee (2000) on reforms in the Criminal Justice System of India (CJS) submitted its report in 2003. It suggested 158 changes in the CJSI but the recommendations weren’t implemented.
- The Committee had opined that the existing system “weighed in favour of the accused and did not adequately focus on justice to the victims of crime.”
- Recommendations:
- Rights of the Accused: The Committee suggested that a Schedule to the Code be brought out in all regional languages so that the accused knows his/her rights, as well as how to enforce them and whom to approach when there is a denial of those rights.
- Police Investigation: The Committee suggested hiving off the investigation wing from Law and Order.
- Court and Judges: The report pointed out the judge-population ratio in India is 10.5 per million populations as against 50 judges per million population in many parts of the world. The ratio is 19.66 per million people as of 2017.
- It suggested the increase in strength of judges and courts.
- Witness Protection: It suggested separate witness protection law so that safety and security of witness can be ensured and they can be treated with dignity.
- Vacations of Court: It recommended reducing the vacations of court on account of long pendency of cases.
Reforms Needed in Criminal justice System:
- Ineffectiveness:The purpose of the criminal justice system was to protect the rights of the innocents and punish the guilty, but now a days system has become a tool of harassment of common people.
- Pendency of Cases: There are about 3.5 crore cases pending in the judicial system, especially in district and subordinate courts, which leads to actualisation of the maxim “Justice delayed is justice denied.”
- Huge Undertrials:India has one of the world’s largest number of undertrial prisoners
- Complex nature of the crime: Crime has increased rapidly and the nature of crimes are becoming more and more complex due to technological innovations.
- Investigation incapability:It led to delay in or haphazard investigation of crimes which greatly contribute to the delay in dispensing prompt justice.
Conclusion:
- Revamping the CJS should not undermine the principles on which the justice system was founded. The rules and procedures are needed to be simplified to make it convenient for the common man. The primary focus must be on police reforms, appointing more judges, deploying scientific techniques, beefing up forensic labs, and other infrastructure investments are the need of the hour.
- A democracy based on the rule of law cannot allow the public to be the judge or executioner. However, people drawn from a diverse pool, who qualify on a set of well-defined parameters, including education, vocation, age, experience and other relevant criteria, can be members of the jury in “public interest” cases like the December 16 rape and murder and Telangana rape and murder. If there ever could be, this truly is the moment for the jury to decide for whom the bell tolls.