A glance at announcements about the multiple and grandeur schemes claimed by the Government of Goa juxtaposed against their supposed implementation on-the-ground exposes how hollow the claims are. The recent ‘India Justice Report’ (IJR) shows Goa ranking lowest among the seven small States in India. Goa scores a woefully inadequate 3.4 on a scale of 10. The four parameters of justice on which this ranking is based include Police, Judiciary, Prisons and Legal Aid.
Tata Trusts, the initiator of the reports, have been spearheading social change in the criminal justice and juvenile justice systems in the country by focusing on addressing the needs of the most marginalised sections of society. Changes within the justice system are complicated, systemic and interlinked and require critical attention and interventions. These interventions have been implemented across 10 states, either directly or in partnership with state governments. The Trusts also provide grants to civil society organisations to promote research and advocate policy. The Trusts’ purpose is to catalyse development in the areas of healthcare and nutrition, water and sanitation, education, energy, rural upliftment, urban poverty alleviation, and arts, craft and culture.
The report describes itself as a path-breaking endeavor consolidating the efforts of numerous individuals and organisations working towards the improvement of the Indian justice system. The raison d’etre with which the IJR reports are prepared are to attract the attention of the public to two important areas of national concern - access to justice, and the health of our institutions responsible for justice delivery.
A key document from the India Justice report states: “The fulfillment of our civilizational aspirations is contingent on laws that give effect to constitutional provisions, and the law-abiding spirit of citizens of the country. Strong laws are by themselves inadequate in ensuring the welfare of the people. Collective human experience shows that every power has the intrinsic tendency towards excess and a mere majoritarian democracy, without the architecture of an inclusive society, tends towards electoral despotism represents failed governance.”
POLICE
On the question of justice, the country, as a whole, is falling backwards. In the last five years alone, on an average, only 6.4% of the police force has been provided in-service training. That means that over 90% deal with the public without any up-to-date training. Women have dropped off through the ranks of the police. Women account for just 7% of the 2.4 million police persons in the country and 6% are at the officer level.
JUDICIARY
Similarly, they account for 28% in the lower judiciary, but this falls to 12% at the High Court level. Representation of SCs, STs, OBCs and women in the police is meager, with huge vacancies in the reserved positions.
There are 28 million cases pending in Indian subordinate courts and 24% have been pending for more than five years. In 2016, 67.7% of India’s prison population was under trial prisoners. This percentage is higher than what it was a decade ago, 66%. There is just 621 correctional staff across India’s 1,412 prisons.
POLITICAL IRRESPONSIBILITY
A democratic state must be just and equitable. When justice does not reach the masses swiftly, it is also a fact that democracy has failed. The once-in-five-year stage shows of elections are not an indication that democracy is, in fact, happening.
Goa’s politicians have earned the dubious reputation of being particularly nimble at shifting political loyalties and switching sides merely to stay in power. In the decade of the 1990s, Goa had 13 chief ministers and a brief period of president’s rule. Such frequent change of governments can hardly create an atmosphere conducive to meaningful development.
It has been no better since then; the practice of defections has reared its ugly ahead accompanied by corrupt and unethical political practices. Politicians are said to come at a premium. Defectors are allegedly either procured at a cost or with loaves of office. They cannot anymore ask questions of the party they have migrated to.
This, more than explains, why public-oriented policies and programmes rarely see the light of day. The failures are in just about every arena of public life: education, jobs, infrastructure, law and order, traffic indiscipline, safety of women, abuse of children, tourism that is abusive and exploitative, money laundering, trafficking of women and children.
With an Assembly constructed through illegal defections, and a judiciary bent upon delaying hearing cases pertaining to defections, this government is most likely to continue rudderless. The Opposition may be small in numbers but they have shown gumption and substance.
If Goa must lift itself from the bottom of the pile in the ‘India Justice Report’, there must be genuine political will on the part of the government to advance progress and do so in tandem with the Opposition and civil society.
