Ethics Case Study: You are a judge in High Court. You are hearing a case against a religious person who has a wide following in the area. He is convicted in a criminal case. The situation is very tense. The followers have all gathered around the city in large numbers. The judgement being delivered against him will erupt violence. How do the religious sentiments of people play a role in delivering judgments or affecting the official capacity of judges in such cases? In the above case, what qualities or attributes of the judge are at stake? What role does the external pressure play in affecting judgments in such cases? (250 W/ 15 M)

Model Answer:

  • No organs of the government can be clearly distinguished from one another. They are related to one another in one or the other way. In the above case, if the person against whom the case is being processed is not convicted or punished due to the intense situation in the area, this will spread a wrong message that justice was not done in a fair manner. However, on the other side, the moment the judgment is pronounced, it will lead to incidences of violence and conflicts.
  • In such cases, the pressure that is being created by the followers of such persons, to a large extent, plays an influential role in affecting the official capacity of the judges. The judge may, sometimes, due to the pressure of the public and seeing the after effects of such judgments may not be able to deliver justice fairly.
  • The problem lies in the fact that the followers are not able to accept their leaders or gurus as being convicts. In a secular Nation, the religious sentiments of the people must be respected by all organs of the state, but it is the duty of the state to ensure that unnecessary freedom is not given in the name of religion.
  • So, it is important that the religious sentiments of the people are respected but that should not be at the cost of disturbing law and order and affecting the functioning of other organs, judiciary in this case.

In the above case, the following qualities of the judge are at stake:

  1. Ability to do justice in unfavorable conditions.
  2. Handling the external pressure due to the followers.
  3. Upholding principles of justice.
  4. Judgment being delivered in a non partisan manner (Not let the following of the criminal affect judgment in the above case).
  5. Firmness to being true to his duty despite external pressure.
  6. Setting an example before the society that nobody is above law.
  • The pressure that is created by the followers of the person in the same case plays a significant role on the judgment. If the judge doesn’t uphold the principles of judiciary, in such cases, the justice might not be done.
  • It is possible that the judge due to external pressure or to save himself from being point of conflict in such case may not deliver harsh judgment or punishments. Seeing the outcome of the judgement, the judge may not be courageous enough to pronounce effective justice.
  • Hence, it can be said that in such cases, the outcome or the judgment, to a large extent, depends on the pressure that may be faced not only from public, but also from state or other organs of government machinery. The state must ensure complete justice in a non partisan way in such cases and be prepared to handle the law and order disturbances that may occur after the judgment is delivered.

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