Law and Justice -An oscillating dilemma

Aayush Agarwal
2 min readDec 20, 2019

The human dilemma is not whether to do right or wrong, but rather to do right when it matters the most, and wrong when it matters the least.

The popular doctrine which says to let hundred guilty be acquitted, but one innocent should not be convicted. Fair enough, it acts as a guiding principle in a rule of law. But, let’s think little 'Upside Down’. Now, What do you think is worse, to convict an innocent man or set the guilty free? Tough call? It’s just one of the many difficult questions our law and justice faces each day.

In a recent case of heinous crime at Hyderabad, we kill the accused in an encounter without trial. Stands high on early justice? Sets an example for fellow countrymen? Well… What happens next- kill the evil men in cases of sexual harassment at workspace, including the former CJI judge accused of same, thieves who steal your belongings, many politicians facing criminal charges, list of people who hurt us. Done. The we we look in the mirror… Is justice that straightforward?

Creating change is difficult, criticizing the effectiveness of it despite it being changing several lives is very easy. The problem lies not in protesting about laws , but it’s absurd when violence spreads against CAB when it has nothing to do with the people who are legally living. Raising questions from those whose minority will be further diluted makes sense,but faces of religion and vote bank have no role to play ! Again a dilemma of justice tied between differentiation and discrimination.

No doubt , There will always be a couple of bad fishes in a big pond. The longest constitution, lengthiest tax laws, a backlog of some 30 million cases in our courts, and you wondering why a slave is just a slave in cases when 'bhai' gets bail just after 2 hours of being convicted !

But that’s not a systematic disease. There are cases where justice prevails… A 5 member bench of 5 religions banning triple talaq, how Right to privacy as a fundamental right paved way for many pathbreaking effects, case when Ram rahim was convicted and courts lashed out on major political leaders and many more.

Uncontrolled justice is no justice at all. We as individuals,have to abide by the rule of law , peace and harmony. “Justice delayed is justice denied ” is a matter of another discussion, but those foundations cannot be curbed at any cost.

“In a well governed state, there are few punishments, not because there are many pardons, but because criminals are rare; it is when a state is in decay that the multitude of crimes is a guarantee of impunity.” - Jean Jacques Rousseau, The Social Contract



Aayush Agarwal

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