A division bench of the Madhya Pradesh High Court, in its recent order, has made serious and shocking remarks regarding the inequality and mindset prevailing within the judicial system.
Bhopal: A division bench of the Madhya Pradesh High Court, in a recent judgment, has made extremely sharp and historic remarks about the patriarchal imbalance and classist mentality prevalent within the country's judicial system. The court described the relationship between the High Court and the district courts as being like that of a "feudal lord and a slave," stating that this relationship is hollowing out the Indian judicial system from within.
What is the whole matter?
This case is related to Special Judge Jagat Mohan Chaturvedi, who was working as a Special Judge under the SC/ST Act in the Bhopal District Court in 2016. In 2015, he granted anticipatory bail to some accused in the Vyapam scam, while rejecting the bail applications of other accused in the same case. Disciplinary action was taken against him for these decisions, which were based on different facts, and he was dismissed from service.
The petitioner judge, terming this action against him as unjust, filed a petition in the High Court. While hearing this petition, the division bench of the High Court made profound remarks on the prevalent superior-inferior treatment in the Indian judicial structure.
Sharp remarks of the High Court
The court stated that a kind of feudal behavior prevails in the relationship between the High Court and the district courts, which adversely affects the self-respect and impartiality of the judges. The court commented: The judges of the High Court consider themselves 'Savarna' (upper caste) and the district judges as 'Shudra' (lower caste). This casteist mentality is clearly visible in the judicial system as well.
The court also made a scathing comment on the body language of district judges: When district judges meet the judges of the High Court, their body language is such as if a spineless mammal is groveling before someone.
Behavioral Discrimination and Psychological Pressure
The court also said that many times district judges are engaged in welcoming and serving High Court judges at railway platforms or other public places, and despite being posted in the High Court registry, they are not even allowed to sit. This attitude creates an atmosphere of self-pity and fear among the district judicial officers.
This entire system mentally weakens the district judiciary, which is ultimately reflected in their decisions as well. The court expressed concern that due to such an unequal structure, district judges often hesitate to give relief to innocent people. The court said: In big cases, judges avoid acquitting or granting bail because they fear that disciplinary action may be taken against them.
Court's Order
The Madhya Pradesh High Court, terming the action against Judge Chaturvedi as unjust, ordered to give him:
- Outstanding salary from the date of termination of service till retirement
- Pension benefits including 7% interest
- And compensation of Rs 5 lakh.
This decision not only provides individual justice but also sounds the bugle of awareness for reforms in the justice system. This verdict is an opportunity for introspection for the Indian judiciary.
