The Judiciary is the cornerstone of any democracy and India is no different. Our judicial system is one of the largest in the world and also the most burdened. Every Indian fears the “court ke chakkar” which often feature in cinema as the fallouts of pursuing a legal recourse when he is wronged upon.
In the past there have been numerous instances of cases continuing till the parties of the case have expired and their next generation is visiting the courts of law to seek justice. We have all heard or seen people who have carried thick files to courts for years only to come back in the evening with another date. Innocents have been placed behind bars upon suspicion and years have elapsed before their chares were dropped.
However the Indian Judiciary and the powers that be have recently taken the challenge head on. The challenge to clear the courts of years of backlog, to make offenders more accountable and responsible for their misdeeds and to ensure that every Indian believes and trusts the Judiciary more than any other in the world.
Recently when the Indian media was concentrating on the budget, the bear run in the capital markets and the rising inflation, a group of 3 esteemed judges passed a judgment that may well go down in the history as landmark.
The reasons are manifold. To begin with it deals with a case of an insurance company that refused to recognize the unborn child of a pregnant lady as a consumer and one who is liable to claim insurance. It used the provisions of an American law to pass the judgment that was actually an appeal after the lower courts had refused to consider the unborn child as a customer and as a claimant to an insurance cover.
The bench was of the opinion that the Unborn Victims of Violence Act 2004 applicable in the United States of America could be applied to the Indian context as it will be an instrument that catalyses the process of socio- economic change in India.
Under the provisions of the law, the human embryo turns into a foetus between the 13th to 27th week and attains a recognizable human form. Thus that child though unborn enjoyed the rights and privileges of a customer and the Insurance company was liable to pay damages in line with the insurance cover of the family.
The judges must be commended for the job and decision taken. The fact that Indian law allows this provision expands the scope of information and power the judges have to astronomical proportions. It is very heartening to see that India and its judicial superpowers are open minded and can accept the fact that a foreign law used in a social context may be the most applicable and help the progress of Indian society and its thought.
I would also like that this case be used as an example of how modern thought is progressing in order to ensure that the basic rights of people are not violated by companies that may be profit motivated and economically driven. The judgment can also be a start of many more to come not only in the field of consumer protection but other social issues like dowry and infanticide.
What this may ultimately lead to is the possibility of a global law and judicial thought that will radically equate countries across continents and bring together people like never before. I urge you to consider the thought of a world where the social laws and norms are based on the same framework and thought. What each country will then do is to fine-tune and build upon that foundation to suit its needs and its culture. That is when we will truly become a global village.
Written By: The Maverick Observer (maverickobserver@gmail.com)
In the past there have been numerous instances of cases continuing till the parties of the case have expired and their next generation is visiting the courts of law to seek justice. We have all heard or seen people who have carried thick files to courts for years only to come back in the evening with another date. Innocents have been placed behind bars upon suspicion and years have elapsed before their chares were dropped.
However the Indian Judiciary and the powers that be have recently taken the challenge head on. The challenge to clear the courts of years of backlog, to make offenders more accountable and responsible for their misdeeds and to ensure that every Indian believes and trusts the Judiciary more than any other in the world.
Recently when the Indian media was concentrating on the budget, the bear run in the capital markets and the rising inflation, a group of 3 esteemed judges passed a judgment that may well go down in the history as landmark.
The reasons are manifold. To begin with it deals with a case of an insurance company that refused to recognize the unborn child of a pregnant lady as a consumer and one who is liable to claim insurance. It used the provisions of an American law to pass the judgment that was actually an appeal after the lower courts had refused to consider the unborn child as a customer and as a claimant to an insurance cover.
The bench was of the opinion that the Unborn Victims of Violence Act 2004 applicable in the United States of America could be applied to the Indian context as it will be an instrument that catalyses the process of socio- economic change in India.
Under the provisions of the law, the human embryo turns into a foetus between the 13th to 27th week and attains a recognizable human form. Thus that child though unborn enjoyed the rights and privileges of a customer and the Insurance company was liable to pay damages in line with the insurance cover of the family.
The judges must be commended for the job and decision taken. The fact that Indian law allows this provision expands the scope of information and power the judges have to astronomical proportions. It is very heartening to see that India and its judicial superpowers are open minded and can accept the fact that a foreign law used in a social context may be the most applicable and help the progress of Indian society and its thought.
I would also like that this case be used as an example of how modern thought is progressing in order to ensure that the basic rights of people are not violated by companies that may be profit motivated and economically driven. The judgment can also be a start of many more to come not only in the field of consumer protection but other social issues like dowry and infanticide.
What this may ultimately lead to is the possibility of a global law and judicial thought that will radically equate countries across continents and bring together people like never before. I urge you to consider the thought of a world where the social laws and norms are based on the same framework and thought. What each country will then do is to fine-tune and build upon that foundation to suit its needs and its culture. That is when we will truly become a global village.
Written By: The Maverick Observer (maverickobserver@gmail.com)
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