Former Supreme Court Justice Rajesh Bindal has emphasized the importance of courts basing their decisions on evidence presented during trials, rather than succumbing to influences from social media or media reports. Justice Bindal’s recent statements highlight the necessity for a gender-neutral approach within the criminal justice system, urging courts to focus solely on the evidence at hand, independent of external perceptions or accusations of bias.
Addressing attendees at the Ekam Nyaay Dialogue at the Atma Ram Law Auditorium in Chandigarh on August 30, Justice Bindal remarked, “We have to do justice by seeing what is there on that court before us. It is not that what is said in the social media or what is said in the newspaper or what is said outside the board by anyone. That is not our job because we do not consider anything of that.” His comments underscore the judiciary’s responsibility to remain impartial and make decisions based on factual evidence rather than public sentiment.
Justice Bindal further discussed the perception of bias within the judicial system, noting how courts face criticism regardless of the outcome of a case, whether it favors men or women. “General perception is, suppose the court decides in favour of men, they say the courts are generally biassed. If they decide in favour of women, they say they are biassed. But the fact is that we cannot, as a court, believe any person blindly,” he stated.
He also addressed the concept of a gender-neutral criminal justice system, which aligns with the constitutional promise of equality before the law and equal legal protection. Justice Bindal refuted claims that legislation inherently contains bias, emphasizing that laws are crafted to address specific social issues. “All enactments are in fact enacted by either the Parliament or maybe state legislature for a positive note to solve a problem. There is no biasness inbuilt in any statute,” he asserted.
Justice Bindal identified the misuse of legal provisions as a significant challenge, citing instances where allegations in matrimonial and criminal cases were unsupported by evidence. He pointed out that laws also include measures to address false accusations and provide compensation for those wrongfully implicated, though these remedies are often under-utilized.
Highlighting the growing burden of matrimonial litigation, Justice Bindal advocated for mediation as an effective alternative to lengthy court proceedings. He shared his experiences with pre-litigation mediation, revealing that many matrimonial disputes were resolved through dialogue rather than adversarial processes. He suggested that mediation could offer a resolution without determining blame, particularly in child custody disputes where the child’s welfare should be paramount. “The child is taken as a commodity and on that the couple starts fighting, not seeing the welfare of the child, of the future of the child,” he observed.
Justice Bindal also discussed the evolving technological challenges facing the judiciary, particularly the potential for AI-generated fabricated photographs and electronic communications to be introduced as evidence. He underscored the need for courts to exercise increased diligence in verifying digital materials’ authenticity.
Concluding his address, Justice Bindal called for a balanced justice system that safeguards genuine victims while acknowledging the rights of those wrongfully prosecuted. He urged a shift in mindset among litigants, lawyers, and other stakeholders, advocating for problem-solving over conflict escalation: “The attitude has to be to resolve the problem, not to aggravate it,” he stated.
