God save us from lawyers!!!

Indian lawyers seem to have done exceedingly well they are everywhere specifically where there is power, influence and money to make (not necessarily in that order). Now one would think this as the result of competent judicial system, so much dedication in their work that the lawyers deserve these kind of money and influence. Nothing can be far from truth. Indeed the reason for sorry state of Indian judiciary is in large way the handy work of lawyer community. The better paid seemed to expertise in the tactics of delaying, finding loopholes and so on. It is very clear that the richer the lawyer the more reason to suspect him (there are very less ‘hers’ must say) to be corrupt. In most case the rich and influential use huge amount of money for legal protection of their nefarious activities. They don’t use the service they buy the lawyer. The lawyers are not presenting the case, they are here to scuttle, influence the judge, get adjournment...the reason why they are in demand. This could be substantiated by abysmal conviction rate as also high level of corruption as the guilty go scot free with all kinds of manipulations that money can buy (there seem to be positive change in recent time with pressure from people, media so on). The new challenge here is something called ‘creation of perception’ the market media is adept at these so apart from marketers, political parties seek help from glib talkers...who better than a lawyers-they have years of experience wherein they have got influential at a rate unseen in any other career, while the victims never get to see any justice!. Someone sang this song “it’s a wonderful world”, from lawyer’s perspective nothing could be far from a lie!. An archaic incompetent system producing ‘best’ lawyers who play in millions. Truly incredible

The profusion of lawyers into politics don’t seemed to follow the pattern of student movement and other egalitarian reasons as has been the trend in the early part Indian history (though most belonged to elite section is also not gone unnoticed). The involvement of lawyers in freedom struggle whether it was Gandhiji, Pandit Nehru and many more was to fight the colonial rulers in their own game, it was commitment against injustice. That formed the basis of non violent movement. Gandhiji created a mass movement but the impetus was on fairness-that sought to be codified in law. It formed the basis for a just society. Ideals like liberty, freedom, democracy ...are enshrined in equality. Readers will note that though colonial British had ‘rule of law’ (that some apologists take pride in) but it was meant for whites or was in general term of ‘law and order’ for common people...used for system of exploitation. They had judicial system which didn’t recognise equality!!. The hypocrisy came into fore when at the international level the colonial powers sought to uphold values and rights as they face threat from Hitler. The hypocrisy in Indian leaders too came into fore as they talked about freedom from exploitation so on but at personal and societal level didn’t do much to remove discrimination, indeed many congressmen were aghast that momentum created by Civil Disobedience was being lost in focus on insignificant matters. These could also be seen in terms lack of effort on equitable distribution in particular land reforms.

The racist lawyers of colonial Britain formed the foot soldiers for unjust interpretations of law while the bureaucracy arraigned, ruthless Police implemented these. This system favoured those were in power (broadly the elite), it is a quaint form of exploitation that gives the illusion of deliverance of justice. It’s about giving hope all the while the odds against common people are stacked heavily. This is the ‘steel frame’ they inherited. It is not surprising that the archaic colonial law still exist even after so many years. The reason why there is reluctance in judicial or police reforms by subsequent governments over the years ...it disturbs the applecart of ‘wonderful world’. I am told the present government seem to have taken some initiatives.

The ‘steel frame’ is sustained by the lawyers, if politicians-bureaucrats know the loopholes it is the lawyers who takes it to next level. It is the lawyers who professionalise corruption. It is a severe indictment of lawyers. Further since they are having the details of the sleaze so not only huge payment sometimes the quid pro comes in the forms of position in the party. The number of lawyers in political parties and their influence is staggering. It speaks of the level of corruption. It is also not surprising that lawyers have made this into family business. ‘i mean why would anyone want to leave these high level contacts, goodwill and easy perks to any outsider, so munne ko bhi lawyer bana le the hai!!”. The list of munnas (and munnis) following their father’s footstep and devious methods is rather long. Sometime back Allahabad High Court expressed serious concern on level of nepotism among lawyers. It is a serious indictment on the legal system.

One of my favourite movie happens to be Tarkovsky’s Solaris. Here is a scene where the frustrated scientist says “what has come to us we have started to argue”. The apparition created through illusion by a reactive surrounding (Solaris is rare and significant science fiction movie) retorts “to argue is what makes us human”, ironic statement to be made by something that is not human (was it a veiled reference/ridicule on repressive Soviets? Likely). So we have on the one extreme scientist who see arguments as primitive that shifts attention from objective analysis. The other extreme is Indian lawyers who expertise in convoluting the reality so much so that the fact becomes subjective, truth is matter of perception. With exigencies of politicians and market joining in the mêlée you surely can see what is happening. The spin is freedom of expression!!