India, being a largest state in the globe where Justice is for all and the system of judiciary is so strong to deliver it. Although our Republic is federal, our judicial system is unitive, thereby strengthening the integrity of the nation and the authority of our courts. But, to our misfortune, the pluralist hierarchy of the judicial structure provides for an excessive obesity of decks upon decks, making finality of adjudication, distances away from moral litigant.
Whereas; Indian constitution grantees a Speedy Justice and Legal Aids, but after so many glorious days of celebrated Independence, The state gradually failed to deliver secure and speedy justice for its citizen. It’s reviewed and obverted that most of the Indian courts is flooding with pending cases and the onus is upon the Judiciary to change the scenario. The justice delivery system is on the verge of collapse with more than 30 million cases clogging the system. There are cases that take so much time that even a generation is too short to get any type of redressal. A brief look at some of the judicial statistics would tell the true story of the state of justice in India today: -
On an average, 50 lakh crimes are registered everyday, which are sought to be investigated by the police.
The pendency of criminal cases in subordinate courts is in the region of 1.32 crores and the effective strength of judges is 12,177.
• The number of under – trials in criminal cases pending in the courts is 1.44 crores and of these over 2 lakh persons are in prison.
On an average, Courts are able to dispose off 19% of pending cases every year.
The reasons for delay could be attributed to the fact that every case moves from the lowest to the highest level. Too many revisions, bails, applications make five cases of one. The Centre and the State Governments also contribute to the backlog. Not only is the Govt. the biggest litigant but also it creates fresh litigation because it doesn’t honour judicial decisions. Another obstacle to speedy justice is adjournments. As far as the situation in Subordinate Courts is concerned, the infrastructure is non existent and at times the judges have to write judgments with their own hands as they don’t have stenos. Every subordinate judge is caught between oppressive workload and hardly any time or facilities.
Justice Delayed is Justice Denied
Jawaharlal Nehru, on the afternoon of March 19, 1955, while addressing the members of the Punjab High Court ; He remarked that litigation was a disease and it could not be a good thing to allow any disease to spread and then go out in search of doctors. Referring to an adage that “Justice Delayed is Justice Denied”, Pt. Nehru stressed that disposal of cases must not be delayed.But it seems that Rising India is having lacuna in the system to secure ‘’Justice for All”
The social, political and cultural background of the country is very much promising, and a glorious history of Indian Judiciary also witnessing that the system is for people and by the people.
But no one can actually deny the above mentioned fact and figure of the pending cases in the lower courts and High courts of the country.
Corruption is playing a big game to indulge the negative situation, Now, Justice with a price tag except Justice for All. The concept of Justice Delivering system in India is changing its colour. A poor layman is neither affords a legal cost nor a cost of delaying, but he has nowhere to go except knocking the door of courts. His sons or daughters also inherit such pending cases ironically.
Ray of Hope- Remedies to Overcome Delay:
The newly introduced first track courts have disposed of 2.507 million cases out of 3.101 million cases transferred to them. Digitalization of Indian Courts could help to dispose pending cases. But Digitalization and the using of case management software is need to use in the lower courts along with High courts. But till date cases disposed of and pending in Gram Nyayalayas (village courts) was not maintained centrally. Other measures include introduction of some legislative measures for improvement in judicial procedure and for expediting disposal of civil and criminal cases in courts. Establishing Mobile courts could help a layman to get justice. Other measures include introduction of some legislative measures for improvement in judicial procedure and for expediting disposal of civil and criminal cases in courts. Most recently; The Government has prepared a ‘vision plan’ which is intended to make the period of pendency of cases in the courts reduce from an average of 15 years to an average of three years by 2012.
Minister of Law and Justice Dr.M.Veerappa Moily informed in a written reply that: “The Government has taken various measures to provide speedy justice to common man. With a view to ensuring expeditious disposal of cases, a ‘Vision Statement’ indicating an Action Plan was presented in the ‘National Consultation for strengthening of Judiciary towards Reducing pendency and Delays’.”
As observed; This a surely a new challenge for the Government and Judiciary. NGOs and Social Activist can also be the part of sustaining justice delivering system in India. Corporate may spread their hands in this regards to provide pro bono services which may enable a person to get justice. Because together we may change the world!
Disclaimer:- This is an original work of the writer, but some Data and statistics are collected from the website of ‘TheIndianNews’. All the intellectual Property Rights are vested with the writer; i.e no one shall publish or copy this Article without prior permission of the writer.
