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Why is the law helpless before the 'special people'!


 

Political science textbooks state that the foundation of democracy rests on the principle of ‘equality before the law’. Article 14 of the Indian Constitution also affirms this. Still, in reality, this principle is trampled upon by those who pretend to be the ‘guardians’ of justice and governance—judges, governors, politicians, bureaucrats. These individuals manipulate the law to their advantage because they enjoy special privileges.

Recently, a fire at the house of a High Court judge attracted nationwide attention. A massive stash of cash was found, which some might consider a treasure trove of bribes. If an ordinary citizen were found with such a large amount, the police would likely raid their house and arrest them. However, this ‘great guardian of justice’ appeared to roam freely, shielded by the power of his position.

Another example dates back to 2018, when a former governor was proven guilty of embezzling crores of rupees, but the court delayed the case for years. Meanwhile, poor individuals accused of theft grow old waiting for justice in jails. This reflects the rotten truth of the Indian judicial system, where the rich and influential escape the clutches of the law.

In 2022, a politician from Maharashtra was caught accepting bribes, but his legal bail and repeated court dates ensured that his punishment was delayed. On the other hand, if the same politician were an ordinary man, he would have been punished long ago.

Clearly, the system has created ‘human gods’ in the form of judges, officers, and politicians who are granted immunity from the law. Corrupt judges receive mere reprimands, while the homes of the poor are demolished. The law becomes a lion for the poor but merely a cat for the powerful and wealthy.

Several examples further solidify this inequality. In 2019, no concrete action was taken against a famous Bollywood actor in a drug case, while minor offenders were sent to jail. Similarly, in 2020, a Delhi legislator accused of murder was spared by the law. Meanwhile, swift action is taken against a poor person for minor crimes.

Whether it’s a former Chief Minister of Bihar, a favoured young opposition leader, a film star, or the heir of a wealthy family, an army of top lawyers comes to their defence, often bending the law in their favour—even in the middle of the night. The fear of contempt of court is so pervasive that everyone avoids commenting, while the judicial process has been made so complex and expensive that the common man cannot even think of approaching higher courts for justice.

The most dangerous aspect of this decaying system is that it weakens democracy. It risks turning democracy into ‘lootocracy’, where the poor and marginalised have no place.

If we want to save our democracy, we must break the chains of these ‘privileges’. In an egalitarian society, Article 14 must become a living reality, not just a paper directive. This is only possible if we make the law equal and unbiased for everyone. Only then can the true message of the Constitution, ‘Equality before the law’, be implemented in its true sense. The pain lies in the fact that decades-old police and judicial reforms have yet to be implemented. These issues remain invisible on the priority list of governments.