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Justice

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 JUSTICE

The foundation of the State is based on justice. The State (King) has a duty to ensure justice in society. The whole legal system is formed to ensure justice in society. In this blog, I will try to explain the meaning of the term "justice".  

NYAYA

The word "Nyaya" does not literally translate into Justice. If we read in the Nyaya Sutras of Mahrishi Gautam, we find that "Nyaya" means logic. It is the logic that helps us find the truth, serving as the connecting point or medium through which we discover it.

However, in the legal system, justice is not solely about finding the truth. If it were, there would not be acquittals on the grounds of doubt. In our legal system, an accused person is acquitted if the prosecution cannot meet the burden of proof beyond a reasonable doubt. 

The correct meaning of the word "Justice" in our legal system would be "a balance of rights and interests of the members of the society". In one aspect, it is more than just finding out the truth. 

BALANCE OF RIGHTS AND INTERESTS

Imbalance of rights and interests happens in society due to the actions of people. A person has a right to safety, and if he is harmed by someone, then an imbalance is caused. Justice will be served when the balance is restored. Our legal system also provides for how the balance will be restored. Whether it would be through imposing punishment of death or imprisonment, or a fine, or something else. 

Everything is fine up to this point. When justice is served, technically, according to the written codes and neglecting this aspect of the justice, then it becomes an issue. The basis of the balance of rights and interests should be Nyaya- the truth. When someone is acquitted by giving him the benefit of the doubt, it is the sheer violence of this basis. I am not saying that it should not be there. It is justice, because it is about the balance of rights and interests and if in the case of doubt, if someone is convicted, then it would be other way round violation of the balance of rights and interests. 

What I want to convey here is that the State is in a precarious and onerous situation. When the Justice is not served on the basis of truth, it gives rise to a fire of revolt. Justice is served when it is felt served. Otherwise, there would have not been encounters of rapists or gangsters because society do not feel justice in the imprisonment of these offenders. 

Yes, justice is about feeling. And this aspect of Justice makes it more dangerous because it makes it subjective. That's why for someone it may be justice and for someone it may be injustice. That's why the State has to take steps which are outside the bounds of law just to quell this feeling of injustice. 

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