“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”
― Martin Luther King Jr.
Bah Rit was standing outside the Bar Council of Shillong buying a packet of beetle nut and cigarettes from a shop I frequent. I overheard the complaints he voiced out freely to anyone who would listen, “I know these lawyers and judges are cheating me” he said, “I just can’t prove it”.
There are droves of people in the state of Meghalaya who share the same sentiments as Bah Rit. During my time interning at the Bar Council, I came across an elderly couple from the village of Mawjongka.
Mawjongka is a remote village in the East Khasi Hills district of the State of Meghalaya with under 1,000 residents.
The elderly couple was seeking legal relief for a property law case that they have been in a legal fight for four years. Mr. and Mrs. Lung ultimately lost all patience and decided to change lawyers after many frustrating arguments, frequent and weary travelling, exorbitant legal appointments and lengthy court hearings with no result.
Relief was the color on their faces when the new senior advocate they sought fresh remedies from assured them that the matter which they had been fighting four years for would be resolved within two months.
“Did the legal system change overnight?” Mr. Lung asked with a relieved chuckle.
Often, some lawyers pick unassuming people who are unaware of the law and their basic rights.
They take their case up and string them along for months and years.
This is what was explained to Mr. and Mrs. Lung by the senior advocate.
Mr. and Mrs. Lung and I were taken aback as to how people working for law and order, who are conscious of what is legal and illegal, are operating their profession in such a manner.
“In a State where people turn a blind eye towards corruption, and individuals fear the police and unlawful punishment more than they have faith in the law, this is what is bound to happen”, the senior advocate stated.
The doctrine of legal literacy and awareness among people is based on the belief that individuals must be aware of their rights and legal obligations. This is far from reality in India and predominantly, in Meghalaya where there are 6,026 villages.
On 10th December 2021, the Chief Justice of Meghalaya High Court Sanjib Banerjee slammed “VIP Culture” stating, “VIP culture separates those in power from the common man, in terms of the way they conduct themselves and the extent of privileges they enjoy”.
For decades, the justice system in Meghalaya has been the topic of discussion between people familiar with the law and its functioning in the State, and without a doubt, it is not a discussion that concludes with rebuttals of praise for it.
In conversation with advocate William L, who has been practicing in the State for 6 years, he also shared the same sentiments as the Chief Justice stating that “There are numerous flaws and loopholes in our justice system, be it in an investigation, prolonging cases and a steady culture where most cases keep getting appealed to higher courts since the true essence of law and order are not being brought forth justly as the law lays out.”
A junior lawyer Claire K, expressed her opinions on the topic, “There is a huge lack of awareness in basic civil and criminal law in our state, that is why there are not many cases. I have been working here for 8 months and in the entirety of the time, I have met 2 persons who had an issue pertaining to IP law (one with copyright and one with an illustrated logo). They both sought legal help from other states as they did not know of any lawyers in Shillong who dealt with such problems or if the State itself did. This is where our justice system goes down, there is no awareness of basic law. There is general knowledge that if you are feeling unwell, take paracetamol, but no awareness for basic law.”
In an interview with Isan S, an advocate who was recently employed in the State, she expressed her thoughts on the justice system with criminal law in the state in comparison to other states in the country. She said, “The state of UTP (under trial prisoners) is heinous, they have been locked up for not two months or six months but 2-3 years. Maybe 90% of prisoners in jail are UTP. These are people who are awaiting trial, they have not been acquitted or sentenced, they just sit there; so much for innocent until proven guilty and so much for the smooth running of justice. Instead, I see people who are blatantly guilty of crimes roaming around freely here. Cases keep delaying and it all comes down to money.”
A local daily-wage worker, Vikram T expressed his frustrations as well, “Lawyers here quote any price for an affidavit. Is that fair? There is no regulation. Only if you have connections, the law is easy for you, cops are easy. If you don’t have connections? Say your prayers because our justice system is not up to the standards promised to us by law.”
A BA. LLB graduate Isa S, recalled her experience as a law intern in her 3rd year of Law School stating, “I witnessed various cases in the DMC and at the Khasi Hills Autonomous District Council. This experience demotivated me greatly from pursuing law as a career. I saw many people struggle to find justice in their cases, even when it was clear what should be done but their cases were continuously put on hold or delayed. Either the lawyer overseeing their case wanted more money for appearances at the courts or they were up against the rich, entitled people. The only reason I finished law school was to get my degree so that I could maybe one day change the way the justice system worked in our state.”
These are all testimonies from people who are acquainted with the law one way or the other. The policing in our State, and the executives seem to dictate and control how law and order works. This is due to citizens not having awareness of their basic rights.