August 14, 2009

Would the world be happier without a judiciary?


Chaitali Sinha, XI, SJA
In a world where the glamorous actor may be a serial rapist by night, and the boy-next-door may be a adrenaline junkie, the lines between the clearly defined "good" and "bad" are blurring every moment. In such a time, I suggest the most outrageous thing -
Remove rules. Remove the judiciary.
Your probable reaction at this moment would be, "Back to a primitive society, bub?"
and my answer would be, yes.
From the early Roman and Greek times, it has been instated into our minds and our mythology that someone needs to judge the world. First, we gave the job in the hands of an unsuspecting God, and now it's Man. 117,369 words in the Indian Constitution dictate our behavior today. Right from making homosexuality criminal, to deciding exactly how much punishment would make murder avenged, this piece of parchment has definitely defined civilization.
The question I raise today is - Is not our entire system being based on vengeance?
What our society does consider "just" and "fair" today, is to kill a man for killing another. Has no one repeated the saying, "Two wrong don't make a right." to the forefather and 'wise' men of this world?
We consider the 21st century society, the one living in societies to be much ahead of people earlier. The ones who did not have computers and texting machines, people like the Native Americans and Indians. They are the ones who forgive a person who hurts another person, or make him understand what he did, but of course, they are primitive.
Man is considered greater, superior because we can think compared to the lesser animals. Yet, everyday, all our systems, all our actions give into our instinct, and not our thought. All of our "progressive" economic/social/judicial systems are based on the need for equality. Revenge.
If Al Qaeda bombed our towers, let's bomb some country they like.
If Germany dominated us before World War I, let us allow them to starve now.
To think these decisions were made by some great thinkers, and the wise men of our world.
The question budding in your mind right now is probably taking the form of, "So, what you're trying to say here is to allow the guy who robbed my house to roam free ?" My answer would still be, Yes.
The question, my dear friend is, that if that guy isn't robbing you tomorrow because he's locked up - he'll rob you five years later. Never has the judicial system reformed anyone, nor will it ever. We are always caught in this quagmire of fear - anger - revenge, thus never allowing the other man to change. Perhaps my perspective is different due to my involvement with spirituality in which I actually saw how people remain caught up in each life just trying to avenge wrongs.
The questions are - What had we intended to achieve by making countries?
Have we achieved it?

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