Justice की कविताएँ
What if Justice is Deprived by time ? by अमित गाला
If justice delayed is Justice Denied then what will be Justice Deprived by time Bar? What do i mean? we are well aware about the Vigilantibus Non Dormientibus Jura Subveniunt Maxim, and the Limitations Act, Which says a Law serves the person who is vigilant & not the indolent, but in order to be aware shouldn't that person know his right? we know the position of education in India, many people are still uneducated or less educated, and even if highly educated , how is it possible for everyone to know everything? an engineer might be master of engineering but he might not even be aware of limitation act , Imagine a situation a Person who was unaware that his right is violated or he can actually file a civil suit in such a case, and he reaches court but His plea is rejected by time bar, of course there is discretionary power with the Judge, but still isn't it a risk, his plea might get rejected by time bar, Imagine the Agony of such a person, we know it applies to civil cases and there are valid reasons for that, First it's difficult to prove a case after such a long delay, fair enough but it's possible in some cases there might be strong evidences still available, then why not admit rather than put it in time bar, Secondly the Indian Legal Apparatus is overburdened & if this act is not there we will be many more cases, Agreed but can't the government fill the vacant judges spot? and increase the strength , Thirdly Law considers delay as Waiver of Right , or Relase of Right, Yes but if a person knowingly waived his right off then that's fine, what if he was not genuinely aware ? how can he waive something that he wasn't even aware of? the Question then will come is how is it possible to know? that person was genuinely aware or not? Well based upon the background and circumstances of the plaintiff, Judges can decide isn't it? And I know they already have discretionary power to admit a case even after a time bar, but there is no guarantee that for such a plea will be taken for sure, 1 What can be done to improve the situation? Government must add in school and college education the basics of legal education especially limitation act's time bar , so people get aware of their rights, Secondly Government must be Proactive, and make it like a Public awareness campaign use social media, tv and newspapers, let maximum people be aware, as without People knowing their right, somewhere down the line i feel, this maxim will not hold its true meaning, because if we say "Justice Delayed is Justice Denied then what will be "Justice Deprived by time bar? well that will be Justice Realised, Justice Imagined, Justice Dreamed but the Justice Perished by the time bar, the Law should ensure that no one loses remedy, as long as he is with clean hands and plea is genuine, because if such person loses remedy just because he was unaware, somewhere down the line it will defeat the very purpose of the law i guess, I might be wrong totally or partially in what i said , but i just shared what i felt, i am just an fyllb student, i might be wrong totally in my understanding of this, but its also possible that i might be true, in any case i have expressed my views, Everyone can't be a lawyer and everyone doesn't has to be a lawyer also, but the basics of law the time bar limitation etc all should be aware of , that's what i genuinely feel, as when all are aware of their rights this maxim will hold its true sense as Ideally we should have Justice Realised, Justice Imagined, Justice Dreamed & Justice Delivered Irrespective of the time bar if the case is genuine and plaintiff is honestly unaware, This are legal things won't ever change i know, but there is no harm in giving basics of Legal Knowledge , Legal Rights to Everyone i guess, so there is never a possibility of Justice Deprived by Laches but Justice Realised, Justice Reached & Justice Delivered....