Budding dyarchy in judicial process.
The news heading 'Sharia courts to be set up in Mumbai' sent waves of alarm rippling through me as i conjured up visions of death by stoning, public be heading and chopping of limbs, the punishments to acts of transgressions and of criminal intent.
Was this a slow and steady overtaking of the system by fanatic islamists with the brazen approval of politicians hungry for power?
On a closer perusal it was clear that such courts were being set up to try the law relating to marriages and divorce of Muslims and not criminal acts ,as an means to facilitate the quick disposal of cases.
Hindus and Muslims and Christians have been historically governed by their personal laws ,but with the constitution coming into force it was clearly established that whatever law is adopted in this field viz customary or shastras or shariayat it is the properly constituted courts that have the authority to adjudicate and decide.
The setting up Shariat courts cannot be justified by saying that it was an alternative dispute redressal mechanism ,that are in vogue these days to settle disputes swiftly,since adr's are part and parcel of the judiciary.The shariat courts on the other hand is more or less like a parallel system of judiciary!
By honouring and recognising them the state will be conferring a legitimacy that is due only to courts set up under the provisions of the Constitution.Then won't khap panchayats [frowned by all] feel emboldened to seek similar legitimacy for the enforcement of their customary laws? And headman's start demanding that their say the final word in all matters ? A throw back to earlier centuries.
The setting up sharia courts will only chip and erode the inherent, non transferable sovereign powers of the judiciary ,bit by bit and along with it ,the respect and faith it commands amongst the citizens will diminish correspondingly.
To me these courts are an assault on the Independence and authority of one of the finest institutions created by the constitution--the Judiciary.
Was this a slow and steady overtaking of the system by fanatic islamists with the brazen approval of politicians hungry for power?
On a closer perusal it was clear that such courts were being set up to try the law relating to marriages and divorce of Muslims and not criminal acts ,as an means to facilitate the quick disposal of cases.
Hindus and Muslims and Christians have been historically governed by their personal laws ,but with the constitution coming into force it was clearly established that whatever law is adopted in this field viz customary or shastras or shariayat it is the properly constituted courts that have the authority to adjudicate and decide.
The setting up Shariat courts cannot be justified by saying that it was an alternative dispute redressal mechanism ,that are in vogue these days to settle disputes swiftly,since adr's are part and parcel of the judiciary.The shariat courts on the other hand is more or less like a parallel system of judiciary!
By honouring and recognising them the state will be conferring a legitimacy that is due only to courts set up under the provisions of the Constitution.Then won't khap panchayats [frowned by all] feel emboldened to seek similar legitimacy for the enforcement of their customary laws? And headman's start demanding that their say the final word in all matters ? A throw back to earlier centuries.
The setting up sharia courts will only chip and erode the inherent, non transferable sovereign powers of the judiciary ,bit by bit and along with it ,the respect and faith it commands amongst the citizens will diminish correspondingly.
To me these courts are an assault on the Independence and authority of one of the finest institutions created by the constitution--the Judiciary.
Labels: constitution, customs, judicial process, Religion, Society
posted by K.C. Sujata at
1:41 AM
0 Comments:
Post a Comment
Subscribe to Post Comments [Atom]
<< Home