India, China face same judicial dilemma

The social concerns arising from scientific development at the cost of people’s basic rights to housing and employment aren’t exclusive to India. Another emerging market with exceptional growth, China, too, has similar issues that keep cropping up for dispensation.

According to Wang Shengjun, president of Supreme People’s Court (SPC), courts will face more challenges in 2011 in safeguarding people’s rights and balancing the interests of different groups, as social welfare conflicts become more common and severe.

“Judges should take both the necessity of urbanisation and development, and individuals’ rights into consideration when handling such cases,” he says.

People’s Daily, China’s ruling Communist Party’s official newspaper, quotes a Wang letter urging judges in provincial courts to fully understand the impact of “domestic conflicts, especially rising conflicts in the social welfare sector” and make improving people’s lives their top priority next year.

The Indian Supreme Court has also been directing the authorities and subordinate courts to ensure that the interests of marginalised people aren’t adversely affected due to economic development.

Wang’s concern expressed in a communication to the subordinate courts in his country, assumes importance in view of the  growing impression in India that the startling growth of China is largely due to its ruling party’s determined steps to override the basic rights of the people.

This impression may not be wholly true, but Wang’s letter leaves no doubt that people’s rights can’t be forgotten in the march to development.

SPC statistics show that courts in China heard 2,95,500 labour cases in 2008, a year-on-year increase of 95.3%. The figure jumped to 3,18,600 in 2009, up 7.8%.

“Labour dispute cases have become one of the most difficult tasks for courts, partly because of the global financial crisis over the past two years, and also because of workers’ growing awareness that they can protect their rights and interests,” said Sun Jungong, a spokesman for SPC.

Wang also encouraged judges to pay attention to public opinion, as in recent years several scandals have damaged the credibility of the legal system.

One well-known case was that of Zhao Zuohai, a villager from central China’s Henan province. Zhao spent 11 years in jail until the man he was accused of killing showed up. 

In July, Feng Bin, a judge in Hubei province, was dismissed for staging high-profile protests in the previous two years over his wife’s labour rights dressed in his court uniform and wearing a red badge.

“We should realise that every case, or even every procedure in every case, might attract public attention, and any mistake by us will create doubt in people’s minds,” Wang said.

In India too, judges are expected be above suspicion, like Caesar’s wife.