Everyone talks about rights, no one speaks of duties: Justice Rajesh Bindal | The Vasantam Associates

Blog Detail

Everyone talks about rights, no one speaks of duties: Justice Rajesh Bindal

24-11-2024

Introduction

Justice Rajesh Bindal of the Supreme Court recently emphasized the need for a balanced discussion on citizens' rights and responsibilities.

Expressing concern over the growing emphasis on rights over duties, he noted, "These days, everyone seems to have forgotten fundamental duties. In courtrooms, all you hear is 'this is my right, this is my right.' But no one talks about their duties."

Justice Bindal made these remarks while delivering the keynote address at an event marking the 75th anniversary of the adoption of the Indian Constitution. The event focused on the theme "Protecting the Constitution: The Role of the Supreme Court of India."

Justice Rajesh Bindal also underlined the significant role of the media in spreading awareness and bringing critical issues to light, which can lead to judicial intervention.

He shared two striking examples of individuals who were freed after spending decades in jail due to media reports exposing their situations. One person had been imprisoned for 41 years, and another for 51 years; in one case, the individual was later found to be of unsound mind.

Justice Bindal also called on the media to exercise caution and responsibility, especially when reporting on sensitive matters like sexual violence. He emphasized the importance of safeguarding victims' dignity and privacy by ensuring their identities remain undisclosed.
Justice Bindal even addressed the evolving concerns surrounding privacy in the digital era, particularly the right to be forgotten. He explained how public access to court records often skews perceptions of individuals.

"Recently in 2024 two petitioners got acquitted and we masked their names. If you see trial court record when someone is convicted and HC acquits him.. so all are available and when they are searching background etc. the conviction judgment may come up and not the acquittal. So that acts against them," he explained.

Regarding backlog of cases, Justice Bindal noted that India has over 5 crore pending cases with only 20,000 judges nationwide. Despite these constraints, he highlighted that 1.5 crore cases are disposed of annually.
Justice Rajesh Bindal expressed concerns about the growing influence of media trials on the justice system, cautioning that cases should be decided based on evidence, not media coverage. "Decisions must come from the evidence presented in court, not from what is reported in the media," he stated, highlighting the need for judicial independence from public and media pressure.

He also pointed out the dangers of misreporting courtroom exchanges, especially when off-the-cuff remarks are treated as formal orders. Reflecting on his time at the Calcutta High Court, where he led a five-judge bench, he said, "Every word we exchanged was being reported. If journalists understand the law, it’s fine, but creating sensationalism out of it is unacceptable."

More Blogs

Insights That Inform

12-12-2024
Union Cabinet approves "One Nation, One Election",...
Read More...
12-12-2024
Section 498A is increasingly weaponized by wives t...
Read More...
03-12-2024
Zero FIR and e-FIR under the BNS Act, 2023
Read More...
03-12-2024
Revolutionizing Justice: An Insight into the BNSS,...
Read More...
02-12-2024
Evolution of Judgement on Arrest
Read More...