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న్యాయం అందిచడంలో ఆలస్యానికి కారణం ఎవరు ?

ఈరోజు మనం న్యాయ వ్యవస్థను గమనించినట్లైతే న్యాయం సకాలంలో జరగకపోవడానికి కారణం న్యాయవాడులా లేక న్యాయ వ్యవస్థలో లోపలా గమనించాల్సిన అవరం ఉన్నది . ప్రభుత్వ పనితీరులో లోపం ,న్యాయాధికారుల నియామకం చాల ఆందోళన కలిగిస్తున్నది . కనీస అవగాహనా రాహిత్యం మనం గమనించవచ్చు . న్యాయాధికారుల నియామకాలలో మార్పులు చేయాల్సిన అవసరం ఎంతైనా వున్నది .న్యాయ వ్యవస్థ పనితీరు ప్రతిరోజూ ప్రస్నార్త్య్హకమైపోతుంది . దీనికి న్యాయ వ్యవస్థతో సంభందమున్న ప్రతి వారు భాద్యత వహించాలి . క్రింది స్తాయి లో న్యాయం జరిగితే చాలావరకు కేసులు తగ్గిపోతాయి , కానీ క్రింది స్థాయి లో న్యాయాధికారులు న్యాయం చేయడానికి శ్రద్ధ చూపడంలేదు ఇది వాస్తవం ,ఈ విషయంలో ద్రుష్టి పెట్టాల్సిన అవసరం వుంది .

MEDICO LEGAL ASPECTS OF DEATH AND TRANSPLANTATION OF ORGANS

The Medico legal study of death comes within in the purview of Forensic thanatology (Thanatos= death; logos=science) Death occurs in two stages viz;(1) somatic, systemic, or clinical (2) cellular or molecular. The term death as commonly employed means somatic death. It is due to complete and irreversible cessation of the vital functions of the brain, heart and lungs. In somatic death, though life ceases in the body as whole, it persists in its component parts viz, the tissues and cells, which respond to chemical, thermal or electrical stimuli. It signifies loss of life in the component parts of the body, and it is accompanied by cooling, and changes in the eye, skin, muscles etc.Molecular death is generally complete within three to four hours of somatic death. Testing the response of skeletal muscles to electrical stimuli easily establishes if molecular death has set in or not.
Diagnosis of somatic or clinical death is not always easy in the following conditions;(1) soon after the death when the body is likely to be warm (2)suspended animation (3) coma following excessive doses of sedatives or hypnotics especially barbiturates, and (4) hypothermia particularly in the old.
The distinction between somatic and molecular death is importantly for two reasons ( 1) Disposal of the body; In rare instances, when the body cremated soon after somatic death, spontaneous movements of the hands and feet may occur on the funeral pyre and may give rise to the apprehension that the person was not actually dead but was prematurely disposed of, and (2) Transplantation; The visibility of transplantable organs falls sharply after somatic death- a liver must be taken within fifteen minutes, a kidney within forty five minutes, and a heart within a hour.
A person whose brain may have been irreversibly injured can now be kept alive by maintaining the circulation of oxygenated blood to the brain stem by artificial means.
There is no legal definition of death. For the purpose of transplantation, it is necessary to remove organs in as fresh a condition as possible. Therefore, it is desirable to remove organs when the process leading to death has become irreversible. When there is irreversible damage to the brain as shown by a flat ECG tracing for five minutes, the probability that useful brain function will be re-established is most unlikely and the person can be legally presumed to be dead. At this stage there can be no objection to the removal and preservation of organs for transplantation purposes.

EXPERT TESTIMONY-SCOPE AND RELEVENCY

When the Expert opinion testimony offered through the medium of a qualified witness, may be given concerning any subject relevant to the matters in issue, in which a person may become specially learned or skilled or acquire special proficiency , subject, to the qualification that an experts opinion cannot be received if it amounts to a conclusion of law. Expert witnesses may explain to the court and jury the machines, models; drawings exhibited and may point out their differences or the identity of the mechanical devices involved in their construction, and under they may be examined on and explain questions of art, mechanics, or science peculiar to their trade or profession.
Experts are entitled to give in evidence their opinion as to conclusions from the facts within the range of their specialties. The testimony of expert as to general scientific facts in issue. Such opinion testimony is admissible not only when scientific knowledge is required, but when experience and observation in a special calling give the expert knowledge of a subject beyond that of person of common intelligence and ordinary experience.
A witness possessing special skill or knowledge of the subject may state an opinion, where the facts are such that inexperienced persons are likely to prove incapable of forming a correct Judgment without the assistance of such opinion. The scope of such evidence extends to any subject in respect of which one may derive special knowledge by experience, when his knowledge of the matter in relation to which his opinion is asked in such, or so great that it will probably aid the Trier in the search for truth.
It will be safer to confine the testimony of witness to facts when ever its practical to do so and leave the jury to exercise their Judgment and experience on the proved fact. The rules admitting opinions of experts evidence are not to be necessarily extended but speaking generally expert testimony is admissible upon a matter regarding which there is not common knowledge, where the court or jury may be aided or educated by the expert views and opinions of men experienced in some particular art, trade, or business and profession, such testimony is not, on the other hand admissible on matters of common knowledge even though offered through the medium of witness having knowledge having superior knowledge.
The opinion of persons well versed in foreign law, or science, art, and for proving the identity of finger prints or hand writing is made relevant under the provisions of Indian Evidence Act. Such qualified persons are experts and are competent to depose as to their opinion on the disputed facts and questions. The reason behind the principle of admitting the facts in support of the opinion or contradicting the opinion tendered by an expert is that the opinion given by an expert to be reliable must be tested by Cross-examination.
When the court has to form an opinion of foreign law of science, art, or as to identity of handwriting or finger prints, the opinions upon that point of persons especially skilled in such subject are relevant factors. Such persons are called experts.

ACCESS TO JUSTICE

It is the duty to safeguard the rights of citizens of India, particularly those of the underprivileged. The vast majority of people of India lives in condition of extreme poverty and is denied access to justice. Quite a large number of them are ignorant and illiterate and unaware of their legal rights. These poor brethren are victims of social inequalities and are afraid to raise their hands and assert their rights. Such groups of exploited people live in bondage and unless a concerted effort is made to free them from economic captivity, the dream of social equality will remain unfulfilled. The legal system must play a positive role to translate this constitutional philosophy in to a hard reality.
We must painfully admit that our legal system has become notorious for its delay and expense. The fee of layers have sky rocketed. It is difficult even for a middle class man to engage a reasonably good layer to fight his case. The services of those at the top can be afforded only by rich and corporate bodies. Even when poor litigant is provided the services of a layer this imbalance of professional competence survives. Present day litigation is the delay in the dispensation of justice. This delay in disposal of cases is having a deleterious effect on the administration of justice. In the first place, delay breeds litigation. Many litigants come to court with unsustainable causes in the hope of extracting something from the other side by abusing the time consuming process. Secondly, the delay introduces frustration which soon results in disgust for the legal system. This has negative effect since it leaves a brooding since of injustice which has occasionally manifested in disrespect for the courts.
The decline in the prestige and image of the legal profession should be a cause for concern to everyone connected with the justice delivery system and it is high time that need to take hard look at where we have faltered and make a serious effort to repair the damage by taking coercive action. The profession has withstood onslaughts from eminent personalities.
If we are to uphold the pristine glory of the profession, we must ensure that members of the profession do not descend to levels which would adversely affect its reputation and dignity.
The members of the legal profession are being blamed even by our elected representatives for the inordinate delay in the disposal of cases.

WHY THE JUDICIARY IS RESPECTED IN INDIA

We must realize that the reason why the Judiciary India is respected is because of the confidence which it has, over the years, come to enjoy amongst masses for unbiased, impartial discharge of its constitutional functions without fear or favour, or ill-will or affection. The strength of Indian Judiciary lies in its impartiality, its integrity and its independence. It lies in the perception that Judges are free from every form of prejudice and that in discharging their duties. The very confidence of the people of India in the confidence and impartiality of the judiciary which constitutes the moral foundation upon which the judiciary which has neither the finances nor the physical facilities to ensure compliance, relies for the faithful implementation of its orders.
“While there can be no two opinions on the need for the maintenance of judicial independence, both for the safe guarding of individual liberty and the proper working of the constitution, it is also necessary to keep in view one important principle. The Doctrine of independence is not to be raised to the level of a dogma so as to enable the judiciary to function as a kind of super-Legislature or super-executive. The Judiciary is there to interpret the constitution or adjudicate upon the rights of parties concerned.”