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Resource centre on India's rural distress
 
 

The Real 'State' in India Is Its Criminal Justice System -NC Asthana

-TheWire.in

The biggest tormentor of the people in India is paradoxically the Indian state itself.

We are living in times that are both frightening and strange. They are frightening because the Indian society is being driven by a binary system. Either you conform to the majoritarian or official narrative, or you are branded a traitor of some sort – jihadi, urban Naxal, or ISI agent who must be jailed or tormented by the state.

They are strange because, at least on paper, we have a constitution that is supposedly one of the most ornate and idealistic constitutions in the world and which, paradoxically, watches helplessly as the state indulges in rampant repression of the people.

India has had the privilege of having its laws defined in a large number of progressive judgments of the Supreme Court. Unfortunately, there is a huge and frustrating gap between what is lawfully expected of the state as per the judgments and what it delivers to its citizens – an excruciating dichotomy. If the police are able to regularly defy the orders of the Supreme Court, it is because they are assured of protection by a partisan state or the party in power whose political agenda they seek to further.

American political and social activist Abbie Hoffman had said, “You measure a democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists.”

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