In this episode of Editorial, Mr. Sujit Nair discusses an incident from the Madhya Pradesh High Court, where a woman becomes emotional while requesting a date for her case to be heard. Mr. Nair questions both society and the legal justice system of the country.
Update in the story: The woman requesting a date for hearing has been granted a date. The hearing is scheduled for January 10, 2025.
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[00:00:01] Namaskar! Since I, we, me and my colleague founded HW News Network, there are very few occasions where a current affair, a news clipping moved me, moved me emotionally. Yesterday was one such day. This clip that I am going to discuss with you, it moved me emotionally.
[00:00:31] It moved me emotionally and forced me to ask myself, are we a fair society? Have we built our country as the Constitution wanted us to build ourselves? That's my question today. Let's get right into the show.
[00:00:57] The story here is of a lady whose husband, I guess, was put behind bars from 2019. I don't know what the crime was. I don't know whether what he did was wrong, right, otherwise whose fault it was. All that I don't know.
[00:01:15] But there is a lady who is in the court pleading to the judge for her husband who is in jail since 2019. I want you to watch this 4 minutes clipping. Please do watch. And I will come back to you.
[00:01:39] I am from Bhanaras. In 2019, sir, the case is running on the bell. And I don't know what they say. I am very scared.
[00:01:59] foreign
[00:02:31] foreign
[00:02:32] foreign
[00:02:33] foreign
[00:02:54] foreign
[00:03:31] foreign
[00:03:32] foreign
[00:03:57] foreign
[00:04:01] foreign
[00:04:02] foreign
[00:04:03] foreign
[00:04:03] So sir, tell us, when we all have to go to the house?
[00:04:05] I don't know who to call or where to go.
[00:04:08] Listen to me sir.
[00:04:10] Why am I going to go alone?
[00:04:11] I will go alone, I will go alone.
[00:04:13] I will not be able to go alone.
[00:04:15] There is nothing left to me.
[00:04:17] And I will go to the people of you.
[00:04:20] Understand my family.
[00:04:22] I will not be able to go alone in this state.
[00:04:25] We have everything opened.
[00:04:27] Please, give us a prayer.
[00:04:30] Please, sir.
[00:04:31] And we have nothing left.
[00:04:32] Please, sir.
[00:04:34] And we have to do our children's prayer.
[00:04:36] We have not done anything.
[00:04:38] We have nothing left.
[00:04:40] This is the first case.
[00:04:43] And this is the first case.
[00:04:46] In 1995, 1995.
[00:04:48] This is the first case.
[00:04:52] And this is the first case.
[00:04:56] So, I will go.
[00:04:57] So, I will go.
[00:04:57] But if you feel like,
[00:04:59] I will request the council to call us five.
[00:05:03] We will decide five.
[00:05:04] We will decide five.
[00:05:04] We will decide five.
[00:05:06] Because we will judge.
[00:05:07] Yes sir.
[00:05:07] Yes sir.
[00:05:08] We will also judge.
[00:05:09] We will not do that.
[00:05:11] So, I will call our chief.
[00:05:13] We will call from Delhi.
[00:05:15] We will call from Delhi.
[00:05:15] And I will call from Delhi.
[00:05:17] We will help you tomorrow.
[00:05:19] We will talk tomorrow.
[00:05:20] Okay.
[00:05:20] We will talk tomorrow.
[00:05:21] Then you will see date.
[00:05:25] What do you tell us?
[00:05:36] We will call the central case.
[00:05:38] So, if you call our chief.
[00:05:45] foreign
[00:06:31] This woman is in front of this judge.
[00:06:36] With folded hands.
[00:06:40] Mind you, the judge sits there because he is being given that constitutional authority.
[00:06:47] Not that he is a bigger citizen than this lady who is folded hands and standing in front
[00:06:56] of him.
[00:06:56] The judge is not a bigger citizen or more senior citizen or more valuable citizen of this country
[00:07:02] than this woman who is standing with folded hands.
[00:07:05] The judge is doing his constitutional job and the lady is asking him to deliver his constitutional
[00:07:16] responsibilities.
[00:07:17] This is the situation.
[00:07:19] So this lady is standing with folded hands saying that I am very scared when I am standing
[00:07:27] in front of you because my husband is in jail since 2019.
[00:07:30] Now, like I said before, I don't know what her husband did.
[00:07:33] I don't know whether her husband is culprit.
[00:07:35] I don't know whether her husband is not culprit.
[00:07:37] I don't know whether her husband is innocent.
[00:07:39] I don't know all of that.
[00:07:40] But she is standing asking the judge that listen, you know what?
[00:07:43] My husband is in the jail and I have been coming here.
[00:07:48] I have been given dates after dates after dates and I am not able to get my lawyer.
[00:07:56] It is because my lawyer comes from Delhi and I am not able to afford to get my lawyer here
[00:08:02] because money is over.
[00:08:08] I cannot get my lawyer here.
[00:08:11] I am pleading you, she says, give me a date.
[00:08:15] Give me a date.
[00:08:18] She further on goes to say that her 23 year old son, her 23 year old son died.
[00:08:28] Died coming in and out, in and out, in and out of, from where they are, Delhi to Jabalpur
[00:08:35] and you know, trying to get dates for his father.
[00:08:38] He died.
[00:08:39] He passed away.
[00:08:40] She with folded hands says that I have nobody, nobody on earth to look after me.
[00:08:45] I am all alone and that is why I took the, I gathered the courage and I am standing in
[00:08:50] front of you for two minutes.
[00:08:51] She couldn't speak because she was scared.
[00:08:53] Yeah, I mean, she was overwhelmed.
[00:08:55] There is a judge sitting there.
[00:09:02] I am not blaming the judge or I am not blaming this, that, that quote.
[00:09:07] Maybe they have their protocols to follow.
[00:09:10] They are following the protocols.
[00:09:13] I am asking this question to the society.
[00:09:16] My question number one is would that lady stand in front of a judge with folded hands had
[00:09:24] she been rich?
[00:09:26] Think of any billionaires, millionaires whose wife do you think would have stood in front
[00:09:30] of that judge with folded hands saying that please give me a date.
[00:09:35] A rich would never have to do that in this country, but a poor has to.
[00:09:40] How fair are we?
[00:09:42] How fair are we?
[00:09:44] Is our society fair?
[00:09:46] My question number one.
[00:09:50] My question number two.
[00:09:52] What kind of justice?
[00:09:54] What kind of justice?
[00:09:57] Where a woman who doesn't have money, therefore can't pay the lawyer, lost her son, doesn't
[00:10:07] have enough money to come to Jabalpur to fight that case.
[00:10:12] She may not get justice because she couldn't fight the case.
[00:10:18] She has been given dates after dates.
[00:10:20] What kind of justice is this?
[00:10:22] Why such justice?
[00:10:25] Is this justice at all?
[00:10:27] I am sure the courts are following its protocol.
[00:10:32] I am sure the courts are following the rules.
[00:10:34] I am sure the courts are following the way it is supposed to be done.
[00:10:37] But then if a lady of that age, if she has to stand and beg in front of the judge, are laws made for men or men made for laws?
[00:10:49] Why can't we change such laws?
[00:10:51] We seem to be changing laws from Indian penal code to Bharat, Nyai, Sahita and all every day.
[00:10:57] But why are you not ensuring that a lady doesn't need to stand in front of a judge like the way this lady is and pleading?
[00:11:06] Why can't we create laws?
[00:11:08] Why can't we change protocols?
[00:11:10] Why can't we change the way the court works?
[00:11:15] Like I said, I don't blame the judge, not that court.
[00:11:18] I blame the system.
[00:11:21] This video came to light.
[00:11:22] There might be thousands of women like this going and with folded hands in front of the judge and saying that, please help me.
[00:11:29] I don't have money.
[00:11:31] I don't have people to help me.
[00:11:35] And the judge said, listen, when the date comes, it will be.
[00:11:40] You hire a local advocate here.
[00:11:44] The point is, this happens often.
[00:11:49] This happens often.
[00:11:50] I am not saying this.
[00:11:52] An honourable judge, an honourable retired Supreme Court judge had said this.
[00:11:57] I spoke about this to you yesterday.
[00:11:59] I will repeat what he said.
[00:12:01] I will repeat what he said.
[00:12:03] He said that the system usually went into a tizzy if a rich person was put behind bars.
[00:12:11] Applications for his bail and expediting his trial were filed repeatedly in superior courts.
[00:12:17] His case was heard at the cost of delaying the case of the poor litigant.
[00:12:22] The poor too had a right to life and dignity.
[00:12:26] The judiciary needs to hear and help him.
[00:12:30] This is the example.
[00:12:31] This is the example.
[00:12:33] This is exactly what he was talking about.
[00:12:37] At the cost of this poor lady,
[00:12:40] the rich will get their trials,
[00:12:43] the rich will get their dates fast.
[00:12:45] I am not saying this.
[00:12:47] A judge is saying it.
[00:12:48] If the system feels,
[00:12:50] if the judiciary feels it's wrong,
[00:12:51] then question this judge.
[00:12:53] It's a Supreme Court retired judge who is saying this.
[00:12:56] And I am just showing you an example
[00:12:58] of that poor person
[00:13:02] who does not get trial,
[00:13:04] who does not get that date.
[00:13:05] I am just showing you that poor person.
[00:13:08] I am just trying to connect the two
[00:13:10] and show you,
[00:13:11] look,
[00:13:11] this is exactly what's happening
[00:13:13] in our legal justice system.
[00:13:14] What is our legal justice system doing?
[00:13:16] What is our administration doing?
[00:13:18] What is our governance doing?
[00:13:20] What is our law ministry doing?
[00:13:23] You are trying to punish people.
[00:13:25] At least first,
[00:13:26] change the way the system works
[00:13:29] so that justice is doled out right.
[00:13:32] So that the poor and the rich
[00:13:33] has the same right on justice.
[00:13:35] It's not just words.
[00:13:40] I will end my editorial
[00:13:42] by reading us our constitution,
[00:13:45] our preamble.
[00:13:46] Our preamble says that
[00:13:48] we the people of India
[00:13:49] having solemnly resolved
[00:13:51] to constitute India
[00:13:52] into a sovereign,
[00:13:54] socialist,
[00:13:54] secular,
[00:13:55] democratic republic
[00:13:56] and to secure
[00:13:58] to all its citizens
[00:14:00] justice,
[00:14:01] social,
[00:14:02] economic
[00:14:02] and political
[00:14:03] liberty of thoughts,
[00:14:05] expression,
[00:14:06] belief,
[00:14:07] faith
[00:14:07] and worship,
[00:14:08] equality of status
[00:14:10] and opportunity
[00:14:11] and to promote
[00:14:13] among them all
[00:14:14] fraternity,
[00:14:16] assuring the dignity
[00:14:17] of an individual
[00:14:18] and the unity
[00:14:19] and integrity
[00:14:21] of the nation.
[00:14:22] In our constitution assembly,
[00:14:24] this 26th day of November,
[00:14:26] 1949,
[00:14:28] do hereby adopt
[00:14:29] an act
[00:14:30] and give ourselves
[00:14:31] this constitution.
[00:14:36] Which of this
[00:14:37] justice,
[00:14:38] liberty,
[00:14:39] equality,
[00:14:40] fraternity,
[00:14:40] which of this
[00:14:42] are we actually practicing?
[00:14:44] Which of this
[00:14:45] is an actual practice?
[00:14:48] Like I said,
[00:14:49] today,
[00:14:50] it's more of an emotional
[00:14:52] editorial for me.
[00:14:53] It may not
[00:14:54] throw facts and figures
[00:14:55] at you,
[00:14:56] but the point that I'm trying
[00:14:57] to make is
[00:14:57] if this
[00:14:58] is what our law is,
[00:14:59] what kind of society
[00:15:01] are we talking about?
[00:15:03] If a poor
[00:15:04] has to plead
[00:15:06] and for a rich
[00:15:07] the law
[00:15:08] goes tizzy
[00:15:09] as the
[00:15:10] honourable justice
[00:15:11] puts
[00:15:13] the law.
[00:15:16] Think about it
[00:15:18] till I see you
[00:15:19] tomorrow.
[00:15:20] That's
[00:15:21] at
[00:15:21] 10pm.
[00:15:23] Namaskar.
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