The words "Law" and "Compassion" are often at war with each other.
When a person is on deathbed and when we give him a spoon of water in his mouth, we are doing and act of compassion.
When a criminal is being hanged, someone asks his last wishes and tries to fulfil it. This is also an act of compassion..
But the fact that a man is dying, is not a ground to take his case out of turn and hear him out in courtrooms.
Such tragedies are mostly seen in Service Law cases and Property Cases.
An employee may have grievance that he is not given his rightful pension dues when he retired.
A person whose land may have been acquired compulsory 40 years ago and he may not have been given his rightful dues. He may be fighting his last battle of his life.
So they fight on till their last breath.
Criteria for granting early hearing to cases are based on "Importance of issues involved to public"
But there is no fix definition of what is important to public.
The examples of service matter and land matters given above are of persons fighting for few rupees.
The amount of their dues of few rupees may be nothing compared to cases were billions of rupees of stakes are involved.
Whatever may be the your views about Equality... the hard truth of life is: We are not equal.
The reasons are many.
The Judges are terribly understaffed.
Their available timeslots for hearing of cases are few.
They have to hear cases as per waiting turn of each case.
But sometimes, some issues are so compelling that they have to be given priority hearing.
So far as the person who is fighting for few rupees and justice is concerned.. and who may be over age 80, or who may be on deathbed.... Well, if he dies, his legal heirs will be joined and they will get dues if any due to the deceased. This is it. This is the Law.
The Compassion is sacrificed because of various other compelling needs of court.
The person on deathbed, really does not leave this world with good impression about our judicial system.
And of course, there are also no fast track courts for persons above age 80.
This hard reality.
There is little we can do for him but ro give him a spoonful of water when he may die.
This is our law as on today.
Haresh Raichura
31/9/13
For some time, I had seen a category of "Senior Citizens". But I am not much sure about it. This article is based on my general impressions which are mostly incorrect.
