WHAT DOES BIAS MEAN?

PRESENT REFERENCE- B-5/d/07 aprilSERIES- B-5/07 FEBBACK REFERENCE B-5/b/25 Feb

WHIT DOES BIAS MEANS?

The dictum that no man should be a judge in his own case has arisen from the need that the judge hearing dispute between men should be impartial. Though we know that persons occupying positions as judges in judiciary are not inclined to influence their decisions based on their personal knowledge by virtue of their training but there are wider ramifications stressing this requirements for judges.
There are two types of bias-1) individual bias 2) general bias. There is no doubt that a judge who has dealt with a case earlier himself as a advocate will not sit on the chair to hear it or a judge who has himself delivered the decision in lower court will not himself review the same case in higher courts on his elevation or similarly if a judge has some personal involvement/interest in a case ,may be pecuniary or otherwise ,will not sit in the hearing. And if he does so then he qualifies to be debarred from sitting in the hearing. It is not difficult to see that the individual bias is more serious to disqualify a judge to hear a case than the general bias.
The prejudice is different from bias, sometimes it contributes to bias and sometimes not. For example- the expressed opinion of a judge that wherever there is contradictions between the evidence rendered by a public and the policeman on duty, he will accept the evidence of policeman. Generally this concept is perfectly allright because it accepts the versions of a govt official on duty and rejects the versions of a commoner. But it is abundantly clear that this may lead to bias depending upon the circumstances of the case. Therefore though generally speaking the judge holding this opinion is impartial in his own right but this opinion may make him fit to be prejudiced leading to bias.
We should not forget that judges are also a part of the society and do carry with them the opinions, views generally accepted in their society or I can say that their judgements are based on the generally accepted norms of the society in which they live. A matter or opinion is biased or not is also judged based on social values and norms. It is believed to be of fundamental importance that judges and tribunals are free from bias or at least , from those biases which a society regards as undesirable in a judge.
It is also true that society demands that its judges be biased in certain directions no less insistently than it demands that they shall be unbiased in others. However ,in times when the views of society are changing very rapidly then question may arise as to which biases society wishes its judges to have.Here comes the third type of bias which may be termed as prejudice either, partially or wholly unconscious views against particular section of society or religion or race. This sort of bias which has tacit sanction of society or dominant class has more dangerous connotation than the individual bias or general bias. It may be based on gender issue also which demands gender equality in the society. It is very hard to think of probable judgements in society involving different genders on gender issues if the society harbours the discriminations based on gender. The need of establishing various commissions for women rights to address their sufferings is a testimony to this stark and naked truth.