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The first written laws were established by King Hammurabi of Babylon around 1754 BCE. Known as the Code of Hammurabi, these laws famously adhered to the principle of "an eye for an eye." Under this system, if one person killed another's slave, the killer's own slave could be killed as retribution. These laws treated women, daughters, and slaves as property, reflecting a perspective that would be considered deeply unjust by modern standards.
During the old and medieval period (and the era of feudal systems), justice was often based on tribal customs and societal norms, many of which were far away from the ideals of fairness and equity. These systems of justice were often subjective, favoring those in power, biased on faith, sex, social status etc., and perpetuating inequality.
Modern Justice: A Flawed System?
In contemporary societies, justice is delivered by professional judges who have extensive knowledge of laws and legal precedents. Theoretically, this system ensures fairness, as all parties can present their cases through lawyers in an impartial court of law. Let us examine whether this system as effective and just as it appears on the surface.
Delays in Justice
In countries like India, millions of cases are pending at various levels of the judiciary. It is not uncommon for cases to remain unresolved for decades. Some cases are still awaiting judgment even 50 years after being registered. The phrase "justice delayed is justice denied" aptly captures this issue. Powerful individuals often secure bail easily, while the poor remain incarcerated for years, unable to afford legal representation or meet bail requirements.
The Role of Money in Justice
The current system favors those who have ample financial resources. Wealthy individuals can hire skilled, expensive lawyers who can argue their cases effectively, often tilting the scales of justice in their favor. In contrast, the underprivileged struggle to even lodge complaints, let alone secure competent legal representation.
In any case, one party’s lawyer is often lying or manipulating facts, meaning the outcome depends on who can better convince the judge. This undermines the principle of true justice. Furthermore, the high costs associated with legal proceedings make the judicial process inaccessible to many, leaving them vulnerable to systemic injustice.
Inconsistencies and Inequalities
Modern justice systems also suffer from inconsistencies. For instance, similar cases can yield vastly different judgments depending on the court or judge. Additionally, there is a clear disparity in sentencing. Influential individuals often receive lighter punishments, while those from lower socio-economic backgrounds face harsher consequences for similar crimes. This lack of uniformity erodes public trust in the system.
Justice in the Past vs. Present
While ancient systems of justice had their flaws, they were often quicker in delivering judgments. For example, the rulings of kings or local panchayats (village councils) were usually swift, and panchayat members were respected for their sense of responsibility toward society. In contrast, the modern justice system, though theoretically more sophisticated, is plagued by delays, inefficiencies, and corruption.
The Need for Reform
Justice should be the cornerstone of any society, yet modern states are falling short in this critical area. The current system is slow, costly, and often skewed in favor of the wealthy and powerful. While it is more structured and theoretically impartial than older systems, it fails to meet the standards of fairness and efficiency that modern societies demand.
There is a need of overhauling the whole system
The evolution of judicial system from ancient laws to the modern legal system reflects humanity’s ongoing struggle to create a fair and equitable society. However, the challenges we face today highlight the urgent need for reform. Justice must not only be served fairly but also be accessible, timely, and consistent. Without these qualities, the very foundation of a just society remains at risk. It is imperative for nations to prioritize judicial reform and restore faith in the system. After all, a society that cannot ensure justice for all is based on falsehood and injustice. This makes it vulnerable to be ruled by the corrupt people and criminals.
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Note: This subject is very complex and very vast. I have a plan to reform the whole system which I will reveal in the upcoming post.
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