Genocide is a particularly complex subject to delve into when you churn out a movie for plural society of unequal among equals. However, fortunately for the makers, this ‘truth, not fiction’ tag has gagged the mouths of India-baiters and sheepish folks that flocked the pujaris of falsehood and brute power of political office
If viewed with thematic apperception and in a critical way, the much-publicised latest Hindi film titled “The Kashmir Files” makes an effort to pose the question: What is justice?
“Genocide” is a particularly complex subject to delve into when you churn out a movie for plural society of “unequal among equals”. However, fortunately for the makers, this “truth, not fiction” tag has gagged the mouths of India-baiters and sheep-like folks that flocked the pujaris of falsehood and brute power of political office.
We examine that nagging message and poser: “What is justice”?
Is it revenge? Is it retribution? Is it capital punishment? Is it a mob going on a rampage? Is it ousting a political party in power through the ballot-box or EVMs?
Is it an eye for an eye and tooth for a tooth philosophy? Or, is the doctrine of silent subjugation and mass surrender a wiser solution to end perennial conflicts?
It is wrong to kill. A killed B. So, let us kill A, albeit through due “process of law”. Would this theory of criminal jurisprudence hold good and act as a deterrent to repetition of the criminal offence?
What is justice?
Law must prevail. Justice must not only be done but seem to be done. Justice must not be delayed nor denied to even the worst criminal accused of a most heinous crime. So, says our book of Constitution as do those of many other democratic societies.
Instances galore where judgments are fixed or managed and there are rulings which are mere assertions of existing law contained in black and white legislations.
However, just as there are several theories of jurisprudence, there is also a mighty legal doorway open for all humans called the dimension of justice which prescribes “principles of natural justice, fair play and good conscience” to be the over-riding consideration. The balance of convenience, the pith and substance rule of interpretation of laws as well as test of colourable legislation ensure that justice is dispensed. Ultimate finding by jurists in particular is that even those that may be let off by the courts on grounds of lack of evidence, insufficient evidence and improper justification of charges levelled with an inability to “prove beyond any iota of doubt” do get to be eventually punished, more than adequately - which is dubbed as “poetic justice” or “natural justice”.
Where man fails, the universe deals
It is with such an exalted state of thinking that India’s time-tested ancient Sanatana Dharma propounded and pointed out to the world about the prevalence of twin concepts of karma and dharma.
Justice is fallible. No amount of retribution by way of compensation or damages and no amount of energies spent in laborious exercise of film-making such as the present “The Kashmir Files” story can equate nor make good the irreparable losses incurred of precious human lives, leave aside the properties.
The move is counter-productive unless the abrogation of a devilish provision such as Article 370 is met with as enthusiastic and prompt a move by the Government of India to rehabilitate the displaced Kashmir Pandits community and allow all Indian citizens from rest of India to carry on business, to migrate or to purchase property in that good old State of scenic beauty and cultural splendour.
Justice is thus the act of ending all wars by peaceful, honest efforts. This, of course, does not include exhuming buried ghosts of villainous deeds of the past decades and centuries. Or else, there would be nobody left living to count the number of dead, the extent of injustice done as well as to more importantly, assess whether the miscarriage of Justice continues, even today.
A huge responsibility thus rests on our shoulders today as we march ahead under the able leadership of two brave men called Prime Minister Narendra Modi and Home Minister Amit Shah, ably assisted by the band of experienced, wise patriots, never visible to the mass media or the general. So, “justice” is not a conundrum: it is the drum-beat of “peace”.
(The writer is an eminent jurist, based in New Delhi)