RULE BY JUSTICE
RULE BY JUSTICE
Justice is a system which operates to end deprivation and to restore dignity. If any act in the name of justice fails to end deprivation and to restore dignity of a person it is not justice. Desires , pleasure, happiness, freedom, liberty all are cry in wilderness if deprivation persists and dignity eludes. And when a court of law aims to ensure rule of law without ensuring justice society feels antagonized by the law and by the rule of law. The parlance of law and order must be replaced by law and justice. Order is an authoritarian concept requiring subjugation of the follower but justice is the most democratic concept in the sense of end of deprivation and restoration of dignity.
Law is the agency of justice if law aims to achieve the ends of justice. But when law works for the ends of discrimination it enhances deprivation and indignity. Since law is not an end but an instrument to end it may or may not conducive to the end. That's why we find many laws against the justice. We tend to believe that law is legitimate in a democracy as it is made by the system of representation but there is every chance that the system of representation may work for the interests of one group, that group which is in majority. In this situation law works for enhancing interests of one group by discriminating against smaller groups.
Then what's the way out? The way out is law by discussion which accommodates dissents. When this is done deprivation is distributed among many groups. Discrimination agsinst one group is taken away and interests of dominant group which is otherwise working to ensure deprivation by way of discrimination is sacrificed to ensure dignity of the deprived group. This is induced discrimination against the dominant group in order to ensure equitable distribution of dignity.
But all these things work smoothly only when one realizes one's deprivivation and indignity. This self identification is the most difficult task in a democracy. In other forms of rule question of self realization of discrimination, deprivation, and dignity doesn't arise as in non democratic systems it is some form of patriarchy which takes decision for all members of the clan. But this responsibility falls on individual shoulders in a democracy. And the nature of representative democracy is decide according to this self realization. If level is high and more crystal representation is more mixed and then there is greater scope for discussion. If this self realization is low there is greater chance of dominance of one group and then there is less chance for discussion and more chance of discrimination, deprivation and indignity.
Then question arises how we can ensure better self realization. This is done by educating people about rights, by informing them about latest developments , by imparting knowledge about pattern of resource distribution, by awakening them about agitation modules and so on. This task is expected to be done by political parties, media outlets, NGOs, Pressure Groups etc. When all these agents work effectively and in coordination members of societies become capable of recognizing their real status and then they work for selecting such representatives who can discuss for the removal of their deprivation , discrimination and indignity.
In this way we see better system of justice can be ensured only when people are well educated about their own status in society. Awareness brings justice and lack of awareness ensures rule by order and not by justice.
Comments
Post a Comment