Yes Milord, the process is often punishment

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The 2-judge bench SC order clearing an individual charged with abetting the suicide of his spouse 30 years in the past is noteworthy for 2 causes. One, it has confused an essential precept that ought to information legislation officers whereas invoking stringent provisions, on this particular case, Part 306 of the IPC (abetment to commit suicide). Two, the remark the Courtroom made on the judicial course of that “the prison justice system of ours can itself be a punishment”.

The SC has stressed an important principle that should guide law officers while invoking stringent provisions, in this specific case, Section 306 of the IPC (File image) — The SC has confused an essential precept that ought to information legislation officers whereas invoking stringent provisions, on this particular case, Part 306 of the IPC (File picture)

Part 306, IPC, launched in the nineteenth century to fight Sati, has helped to make sure punishment in dowry harassment circumstances. Nonetheless, as with many progressive authorized interventions, it’s usually invoked with out correct utility of thoughts and wielded as a blunt instrument, usually to calm lynch mobs. Suicide is at all times tough to adjudicate because the motion is influenced by complicated social and psychological elements. Laying out the procedural safeguards to be adopted, the SC known as for “cogent and convincing proof” if abetment fees are made. “The court docket should stay very cautious and vigilant in making use of the proper rules of legislation governing the topic of abetment of suicide whereas appreciating the proof on document,” judges mentioned. Police and judicial officers ought to heed the SC.

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Equally essential is the SC’s remarks concerning the course of turning into the punishment. Procedural delays are a hard function of the Indian justice system. Many political circumstances are framed underneath the draconian UAPA and the accused find yourself in jails for prolonged durations. Within the 2018 Elgar Parishad case, for example, it took months for the chargesheet to be filed: Stan Swami, a Jesuit priest stricken by Parkinson’s illness, died in 2021 after spending three years in jail as an undertrial. This breeds distrust within the justice system.

The Courtroom’s self-reflective concern is appreciated. The problem is to resolve it.

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