Untrained Judges in Courts Killing Families

By. Dr. Kapil Kakar
(Reformer, Social Activist,  Author, Psychologist & Founder of You Tube & FB Page Dr. Kapil Kakar Reforms in India)


First thing that comes to mind when we think of Judiciary is Justice which means,  Judiciary = Justice and of course it is supposed to be the last  hope and resort and  potent one too. The failure of  Govt, Policing, Law & Order etc prompts an individual to turns to Judiciary with unflinching conviction of getting Justice. But what if, the Judiciary fails too and there is No or limited  Justice.

  'No Justice' not only means the murder of Justice but it is the murder of a person's hope and aspirations, who though still may continue to breath life but  may cease to live/ exist, because Judiciary took life out of the person, by failing  to discharge its responsibility with miscarriage of Justice. 

Fear of not getting Justice is one reason that people normally avoid courts and compromise with their rights thus not wanting to be a part of those 3.3 Cr pending cases in the court. They have heard, if not experienced the judiciary whirlpool which works at a snail pace and justification for the same. They understand that court's approach and procedure punish them both with time and money,despite them knowing they are on the right side of the law. 

But  when push comes to shove,  people have no other option but to knock at the doors of unwelcoming court rooms and stare at the manipulation of Lawyers and arrogance of Judges. But above all they wouldn't have imagined in their wildest dreams that they may not even get right orders and Judgement despite being on the right side of the law.

Family Courts are one such classic example, couple who visit the court of Justice with hope, only to realize that entire family is crushed under the hands of  incompetent Judges and judicial system.  And in this article, we shall look at  both issues and the solutions. 

 Most couple, who vowed to spend life together, unfortunately  knock  for speedy justice, where one of them (mostly women) eventually get the pronouncement of one sided Judgement in their favor, making them feel victorious but seldom realizing its deep, irrevocable loss for the family. Unfortunately, in family courts, nobody wins, but  children in age group of 3- 20 Years are bound to suffer. 

 And the reason for suffering are the lop sided Judgement by nonchalant Judges in  family matters which are on rampant surge. In fact,  Men are normally suggested to go for out of Court Settlement, as notion is that the Judges are heavily biased towards the women. And  that solid piece of advice comes our from the ambassadors of courts (Lawyers), who are entrusted with giving their clients Justice, too strongly feel that there is more Justice in, "out of court settlement", than inside, in front of the Judge. They too know and understand that there is no Justice in Family Courts. 

This obviously means that things are not right in Judiciary and in stronger words that Judges don't do Justice.

A Retired High Court Judge once  told me, Dr. Kakar " Justice has to be Snatched, You should not think that if you are on the right side of the Law, you will get the Justice". And this  snatching of Justice / injustice is rampant in family courts, where often women in connivance with Lawyers are using their despair and Children as tools and weapons respectively, to get favorable orders.

Women Judges too tend to Naturally empathize with Women as Male Judges show Soft corner

One of this reason why courts are pronouncing one sided Judgement in favor of women is because they  lady judges empathize and male judges sympathize with women. Instead of deliberating on facts and evidences, Judges tend to rely on their own instincts. e.g. How the parties are behaving in the court, where will the poor woman go etc. This makes me wonder as a Psychologist, how can a Judge form an opinion on the basis of either of the parties behavior in courtrooms or their scenario. 

 As Lady Judges are biased and Male Judges display Soft Corner resulting in myriad men forums  like Vaastav Foundation @vaastavngo, NoLaws4Men @Misandry_Kills,fakeDV_498AVictim @VikramArora20,@NoRights4Men,Inderjit Voice #EqualRights, @Inderjitka, SaveFamilyFoundation@SFFNGO and many more can be found on twitter ,which even claiming that men committing Suicide as a result of one sided Judiciary.

  There is a predisposed mindset of Judges and Judiciary, therefore, men are taken for granted by Judiciary as to be enduring and strong and they need to carry responsibilities on their Shoulders and Women considered to be weak, helpless and in hopeless condition. Even a women involved in Extra Marital Affair or charge in laws with false dowry cases, manipulate the Judges through her feminine soft side and not to forget another classic predisposition of Judiciary that makes women are natural guardian of children.  Such prejudices are the impediments in the justice in family matters, where cases continue abated and families suffer.

Judges tend to accept the accusations made by women  even without any proof to be true and hence get carried away whereas the men despite showing evidences in family courts are more often then not,regarded as the culprits by the courts. If the beginning is bad for men the end is bound to be even worse.

Such is the Prejudice that Sr. High Court Judge Hima Kohli, in Chamber interaction reacts to the Husband with :"SO WHAT", when he tells the women Judges that his wife was having an extra marital affair.

SO WHATS THE SOLUTION

If there is a Problem, there has to be solution, but is the Law Minister Sh. Ravi Shankar Prasad would like to offer Prasad to Indian Public by implementing these solutions. I am not sure as  Law ministry never responds. 

1. Untrained Judges in All Courts riding on their EGO, Belief, Value, Gender Biased & Empathy:

Judges need to be trained and sensitized that they are not only dealing with Law but couple who have lived some part of life together and have children from marriage. The Impact of any of their Judgement is going to have an indelible impact on the entire family. 

In one of the  Family courts of Delhi, Judge Madhu Jain after sitting on Visitation Rights of father for more then six months, gave the Judgement, only after the intervention of the High Court and without asking the parties to argue their case or without any evidence and disallowed the father visitation rights. 

As she made mockery of things, the father who had filed a petition say in the month of  May and the opposite side filed reply in last week of October. The opposite party filed unsubstantiated accusation but father was not given a chance to file what happened between May and October, especially when Vacation Bench of High Court had granted rights to father to meet the children for a day, observing, that since the matter is coming in first week of July in the Family Court, father would get relief.

 But this Lady Judge Madhu Jain kept sitting on the application until High Court intervened and Madhu Jain order clearly showed that it was given out of frustration  and animosity than based on logic and facts. Madhu Jain would have forgotten about the order but  the family and children  may still be suffering, which Madhu Jain would be oblivious of.

Similarly, a matter in Domestic Violence case of Judge Sheetal Chowdhary Delhi Court,  where without listening to the Husband on the first date she passed the order that " Husband is restrained from disturbing the peace of complainant and her minor children and not to approach the complainant by calling her". 

The order was placed by Judge Sheetal Chowdhary without giving any opportunity to the Husband to clarify things or put his defense, just because , on the first day of hearing the wife wept in the court and husband did not attend  the hearing as the lawyer was of the opinion,  that being First hearing, no order shall be passed as the court will give time to the Husband to reply to the allegations but that did not happen.

Such was the unthinkable and un-thoughtful order, where  Judge Sheetal Choudhary passing the order did not know that the father was not meeting the kids for last six months and his number and email ID blocked by the wife.  So, how could he Spoil the peace of mind etc but this all happened because the Judge got excited, she presumed woman is right and man wrong.

 Sheetal Chwodhary could have directed the lawyer to ask husband to be present in two hours or could have given a short date, but she chose to part a pathetic order which could not have been farther away from truth, thereby, giving the opportunity to the other party to flag that order in other courts and influencing the Judges of other courts and taking more orders and Judgments in their favor. Shocking, isn't it. 

Such is the miscarriage of Justice by these untrained Judges who  let their Ego, prejudice, Values, Belief and everything come while hearing cases and there is no provision to Punish them, despite them spoiling people's life. Hence, regular bi-monthly training on Saturdays/  Sundays is imperative for the Judges otherwise they will continue to play with people's life.

2. All Matters Between the Couple/ Parties  should be in Same Court & Judge

 In any Marital discord at least 4-5 cases are files which go to different bench namely, 1st Motion, Domestic Violence, Child Custody, Maintenance under 125, Cruelty and so on. 

The irony is the all cases are going to different courts and each court pronouncing a Judgement or order which may be used or misused in other courts. Moreover, All the matter be under one court and Judge, so that the Judge can see things holistically and on all the  parameters and privy to complete information rather being misguided by the lawyers and helplessness of the petitioner. The time has come that instead of  complicating things under the name of Juris Prudence, Judiciary should keep things straight and simple, fair and effective. 

3. Psychologist in every Family Court

Judges tend to perceive themselves in a different tangent and pedestal,  especially when on hot seat. They act like Gods and Demi -Gods. They tend to not give equal chance to the parties and only look at facts which they want to look to. This shows apart from wearing Blinkers these Judges are insensitive and somewhere do not understand, the aggrieved party will take months or may be years to surmount the  adverse Judgement and orders passed by them.

Hence having a Psychologist, who can see the sensitive and human side of the case, and who can alert and caution the Judge, where he or she is going round and also make Judges that his belief, prejudice or ego is coming in the way and further make Judges realize the ramification  of their Judgement especially the pain and the Psychological impact  it is going to have on the kids. 

4.  Remove Judges with Wrong Judgement or Delay by Judge

 There should be six monthly and annually appraisal of the Judges and if the Judges are found that there  if 5 Judgement in the Higher court has been rejected, in other words, if  Judge is found to have given more then 5 wrong Judgement, the Judge should be either expelled or asked to step down. 

No amount of excuse or logic can justify them spoiling the life of 5 families. Another,  issue here is that there is no human value in the country and Judiciary thinks they are doing a great Job in handling pressure but they are putting pressure out of their incompetence and wrong/ delayed Judgement and  hence should not be pardoned. 

5. Joint Custody of the Children

During Court Cases the Children become the tool and scapegoats as a result of infighting between the parties. Since, both the parent are emotionally attached with the kids, they have a natural concern towards kids future, growth, emotions and personality. 

But, under the influence of Lawyers  or to satisfy their ego and for  one upmanship, the kids are used like toys, where they are tossed for parent vested interest. Their names are used to fight and get property and other assets inheritance, they are deprived parent love and affection and not allowed to meet. At every drop of hat, the first aggressive positioning by parent is, of keeping child away from the other parent. The parent in possession of child thinks, that the other parent is being taught a lesson but in reality the kids is being taught a lesson all the time. 

Young kids are encouraged to lie against their parent in courts, they are manipulated with half facts and convinced that the other parent is their biggest enemy.  Lies are presented in front of them and they are  emotionally bulldozed, stomped and brainwashed to every possible extent as our Law ministry sleeps. Therefore,  Joint Custody is the only solution where the child continues to be showered with parents love and  is not made a tool for vested gains.

6. Children should be call the same day for interaction

Judges need to realize that despite them being carelessly used to  giving Tariq Pai Tariq ( Dates after Dates), in case the Judge feel that some strong allegations are being laid by either of the parties or if any party moves an application for Judge to meet the child, the Judge needs to call the child either the same day or handover the custody of child to the other parent ( incase that parents hasn't met the child for months) for two- three weeks before calling the child.

Normally, judge will give a month long date for meeting the child, not realizing that the parent who has the custody of the child shall start day and night tutoring the child. This amounts to unnecessary pressure and stress on the children by the parent under whose custody they are in. But, if the other parent is in touch with the child, then the child should be called the same day, that too without any delay, even if it means the Judge has to do overtime that day. After all its the matter of family and Justice.

7. Parties should contest the case instead of Lawyers so that minimal Manipulation takes place:

Justice Mishra had once said, Lawyers should be kept away from the family courts. And he was absolutely right, where the lawyer is present,  manipulations, lies, delay, character assassination, hiding facts and presenting false fact is a rule etc are part of their game. But the question is, do family courts deserve this? is it right that false allegations and evidences are created as a result the case not only stretches but the animosity between the parties go deeper, as a result hatred rises. 

It is important that Parties contest the case themselves. Judges knows all the Laws, they need to see, if parties allegations are correct, then pass the order in that Law. Facts and evidence remain the same, the only difference between the Lawyer and common man is that the Lawyer knows the Laws, but in a Family court , since its about family and children, it is imperative  the Judge finds out from the parties, listens to them and then pass the order, this includes the Domestic Violence cases.

8. Punishing the Lawyers for Hiding Facts and Manipulating Facts

Punishments for Lawyers who manipulates will act as a deterrent, not to misguide the court or to lie in front of the court. I have seen some lawyers, even lady lawyers, who will lie so shamelessly in courts, that it makes me wonder how they go back home and raise their kids. There is no school in world which would teach kids to lie but these lawyers for livelihood are undithered and unafraid to even put their conscience at stake.

Whether they regret or not doesn't matter, but if Judge finds them to be unreasonable, the Lawyer should be suspended for couple of weeks. This is only to bring sanity to the prevailing corrupt Justice system.

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