meaning of justice, in India especially
Ruchi Gupta
(Expert) 04 June 2010
justice means giving equal rights to all the persons in the same circumstances.
Raj Kumar Makkad
(Expert) 04 June 2010
Justice means:
1. the quality of being righteous; rectitude
2. impartiality; fairness
3. the quality of being right or correct
4. sound reason; rightfulness; validity
5. reward or penalty as deserved; just deserts
6.
1. the use of authority and power to uphold what is right, just, or lawful
2. the personification of this, usually a blindfolded goddess holding scales and a sword
7. the administration of law; procedure of a law court
Baskaran Kanakasabai
(Querist) 04 June 2010
Dear Sir
Thanks for your reply.
If anyone purchases land above the value of Rs.100, anywhere in India, such purchase is compulsorily registrable through a sale deed under the Registration Act,1908.
For example, we will take the imaginary case of two brothers. One lives in Delhi with family and another in Tamilnadu. They intend to buy two lands, one in TamilNadu and one in Delhi. They go to the respective SRO’s, they check and follow the required procedures and buy their respective lands through registered sale deeds. Both obtain loans from banks and build their houses and live with their respective families peacefully.
After 10 years, the Court in TN declares that the title of land of the TN brother is void on the ground that the land purchased by the TN brother was notified u/s 4(1) of LA Act, 1894, ten years before the date of his purchase.
By the court verdict the TN brother is evicted from his house and his house is demolished and he is thrown to the streets.
Both the brothers are innocent and they never intended to do anything wrong anytime.
But one brother is ruined and another is remaining unharmed. But how did this happen.
What happened was:
When the Delhi brother went to register his purchase with the vendor of the land, the SRO there required, to be filed along with the sale deed, an NOC from the Land Acquisition Officer who's table also was located in the same SRO office; and he applied for such an NOC from the LAO, the LAO gave an NOC, to the effect that the land which the applicant attempted to buy was not under any LA notification and he filed it as required.
Whereas in TN there is no procedure of requiring an NOC from an LAO, therefore the TN brother did not apply for it. Based on the clean EC issued by the SRO, he bought the land through a registered sale deed.
Now the point is, both the brothers intended to buy lands with clean title and rights and did not intend to buy any forbidden land. The law in Delhi protected one brother from buying a land under LA notification by asking for an NOC from the LAO.
Whereas the law in TN did not ask for an NOC from the LAO, therefore he went ahead and bought the land based on the clean EC given by the SRO.
Therefore State law provided the safety mechanism for the person in Delhi but it was not so in TN.
Therefore within India, two identical actions of two innocent persons with identical intentions, done as per the requirements of the law and procedures of two different states
are not seen with equality or impartiality in the eyes of law.
If both brothers ask the Supreme Court of India, as to how they differed in their intentions or actions so as to see one’s title being declared void, what will be the response of the Court?
Both are alienations of title. In the eyes of the court one happened after 4(1) notification, therefore void. Where is the fault of the TN brother? Is n’t it the fault of the State Govt in failing to ask for an NOC from the LAO.
Therefore when the court judged that the alienation of the TN land is void, how can it be said to be justice rendered?
We can see the difference in the two alienations of land. Both brothers are unaware of the the existence of a deadly act called LA Act, 1894. So, it is clearly evident that it is the duty of the Govt to make suitable laws or provisions in order to ensure the safety of the citizens. Failure to make suitable laws is a fault of the Govt. How can the citizen be penalised for the Govt's failure to make necessary laws?
The Delhi SRO today requires an NOC under LA thereby it prevents alienation of title of lands after 4(1) notification. It has not required NOC under any other Act.
After 10 more years, the title of land of the Delhi brother may also be declared void by the Delhi courts on the ground that the particular land of the Delhi brother had been notified under a particular section of the Defence of India Act or any such other Act 25 years before the date of purchase.
There fore there can be no end to this sort of injustice.
Any land may be notified under any of many ACTs like the LA ACT or Evacuee Property Act or Enemy Property Act or Defence of India ACT or any other act for that matter. But how does an ordinary citizen who intends to buy a registered land be aware of any such potential notification or lien or encumbrance by virtue(or vice?)of any such act. It can be only through the EC of the SRO. Therefore any instrument that lays a claim or lien on registered land should be compulsorily registrable and should be entered in the Book1 of the SRO and that alone will forbid alienation of title of such notified lands or lands with such overriding interests. Is n't it so?
Failing to register such claims and liens and penalising innocent buyers of such lands where such lien is not registered will amount to absolute injustice rather than justice.
I contend that it will apply to all the following cases(and hundreds of such other cases):
1. Bombay High Court: WP 3031 of 2004
2. Supreme Court: 1996 AIR 540
3. Supreme Court: 1995 AIR 812
4. Madras High Court: WP 4417 of 1997
Justice as you rightly pointed out constitutes so many vital virtuous aspects.
Wikipedia defines justice :
“Justice is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity, along with the punishment of the breach of said ethics”
If any law with a crucial flaw is in effect, it will infect Justice with the hidden virus of injustice and that is what is happening in the case of LA Act 1894.
The consequence of application of a flawed law will be the inversion of the ratio of
Sir William Blackstone.
That was the purpose of my query as to what is meant by justice.
Thanks very much!
Now your comments/views please.
