'Exploitative judicial system needs alternative'

Sandesh Prabhudesai
5 October 2001  

Justice Chandrashekhar Dharmadhikari, former judge of Mumbai high court and a renowned social thinker, has advocated an alternate judicial system in the country, stating that the existing system is exploitative in nature.

Reacting to the recent controversy over alleged contempt of court by social activists like Medha Patkar and Arundhati Roy, he however admitted that privileges accorded to the courts, Parliament or the Assembly needs reconsideration.

According to Justice Dharmadhikari, who has progressive judgements like on bonded labour to his credit, the existing judicial system is a source of exploitation for a few privileged people.

"We are following the same judicial system which was used by the British rulers to hang Bhagat Singh", he said, adding further that judgement and justice should be synonymous and not based on evidence alone.

While strongly advocating a 'swadeshi' judicial system for a country like India, he proposes grassroot-level participatory system as an alternative. "We should adopt systems like Lok Adalat or Nyaya Panchayat", he adds.

During a free and frank discussion at Meet the Press organised by the Goa Union of Journalists, Justice Dharmadhikari said he is not in favour of provisions like contempt of court, but also noted that hardly any social activist has been punished for contempt of court till date.

Admitting that black ships within the judiciary have sometimes misused the 'judicial power', the 74-year old constitutional expert also felt sorry that a weapon like PIL is becoming a Publicity Interest Litigation due to some publicity-hungry judges and lawyers.

During deliberations, he also came down heavily on 'media power', equating it with money power, muscle power and Mafia power, who sometimes run parallel judicial systems in the country.

"The media today is biased, politicised, anti-poor and pro-establishment rather than representing the masses in our country", he opined, while expressing concern over irresponsible media getting more powerful day by day.

"However, journalism has still maintained its prestige because there are quite a few personalities in the media who cannot be purchased for a price in the market", he said, while appealing to the young journalists to work with social orientation rather than businessman's approach.

"I expect a blue print from the media of what kind of India we need", he said, while asserting that India is yet to achieve real freedom from economic, social and religious slavery.

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