Rights, justice & health of democracy

Recognition and protection of the people's rights and dignity, supplemented by speedy justice are highly essential for the good health of a democracy. This is what Chief Justice of India N V Ramana said on Saturday while laying the foundation stone of the new Rs 310-crore Jammu & Kashmir High Court building in Srinagar. It is a fact that democracy is not just about which party gets how many seats in elections and what percentage of votes the winning party gets. Democracy is a concept which is much beyond the game of numbers as some people – especially in active politics – believe. For a democracy to function in a healthy manner, it is imperative that the people have a feeling that their basic rights and dignity are protected and duly recognized. Here again, people do not mean just the majority people; instead, in a healthy democracy, even the last member of the smallest minority group should be able to feel safe, secure and happy. Moreover, as the Chief Justice of India said, expeditious adjudication of disputes is also the hallmark of a healthy democracy. The Chief Justice of India has also very rightly said that denial of justice would lead to anarchy, which in turn will destabilize the judicial institution, as people will then begin to look for solutions to their grievances through extrajudicial mechanisms. Taking a cue from the CJI's speech, one can also say that peace will prevail in a society or a country only when people's rights and dignity are recognised and ensured. It is also a fact that in our country the major challenge faced by the judiciary is dispensing speedy and affordable justice. While the justice delivery mechanism in India continues to be complex, cumbersome and expensive, these factors in turn adversely affect the protection of rule of law. The CJI has also called upon the judiciary to be at its innovative best so that the challenges to its working are met with just and constitutional measures.