Empathy, equity inseparable part of our judicial system: Bansuri Swaraj

By Sumit Saxena New Delhi, Dec 24 : A strong criminal justice system is often argued as a deterrent to arrest rising crime, but it is also vulnerable, as an excessively harsh system may result in over criminalisation and stand in the way of a fair and equal society.
On many occasions, the Supreme Court has urged the judges to show humane attitude and compassion while passing orders to incarcerate a person, and make bail a rule and jail an exception. But where does the balance exist? Advocate Bansuri Swaraj, daughter of BJP stalwart late Sushma Swaraj, feels the criminal justice system should aim not only to be punitive, but it also needs to be reformist in its approach.
Bansuri is a graduate from the University of Oxford and is a Barrister from the Honourable Society of the Inner Temple, London. She is currently a practicing advocate in the Supreme Court and the Delhi High Court.
Citing the importance of empathy in the judicial system, Swaraj said: “Empathy and equity are an inseparable part of our judicial system. In many cases, we see the humane and compassionate side of the judiciary. Many a times, the judges have passed innovative judgments/orders to balance the scales of justice.” The country’s criminal justice system has acquired a lot of attention across the partisan and ideological lines, which is completely appropriate and necessary. The deate now is what should be a framework for assessing challenges to reform the criminal justice system?