Essay-25 : Justice Delayed is Justice Denied

Today’s Question is: Why the Indian Government is so negligent in providing justice to the poor. With the statistics available in the legal gazette – we have grave facts unearthed. Express your own opinions what else would you suggest to contain the ever persistent problem.

 

India should have 50 judges per one million but the ratio continues to be 17 judges per a million, indicating the severe shortage. With about 30 million cases pending in various courts across the country, Indian judiciary is struggling to clear a huge backlog. If on an average three persons are involved in a case, then there are at least 90 million people waiting for justice. A bulk of these cases is pending in subordinate courts thronged by poor litigants.

Essay-25 : Justice Delayed is Justice Denied

 

Justice Delayed is Justice Denied

Post independent era in India has seen a chaotic judiciary delay in India. The undue delay in the proviso of relief amounts to the pragmatic denial of any relief found in number of cases. If a case of property dispute is pronounced after the death of the plaintiff, the judgment itself is questionable.

Particularly, if the courts make a fallible mistake in case of children the entire career gets ruined and the verdict can be irrecoverable. Judges are not gods but humans. They can never be flawless. Many brilliant lawyers agree Instead of saying that ‘Justice Delayed is Justice Denied’ many academicians do agree ‘Delayed Justice is the Injustice.’

The legalese supports to address the judge to call ‘My Lord’ – such address seeks to act in a “just and fair”

Those days are long gone where judges were even ready to sacrifice their lives in the wake of pronouncing any threatening and antisocial elements. Now it is not true anymore. Many a times money can easily buy the justice in favor of criminal activities. The major reason for the delay in providing the justice is associated with a strong word – ‘Threat of life of a judge’s family.’ Political influence is the worst part of Indian judiciary system.

India is still predominantly an illiterate country. When a poor man is filing a case, it takes years and decades also and the end of the entire struggle, getting into huge financial losses, an illiterate cannot understand even a single word what a judge says and stays barefaced.

It is not untrue to say people who feel they have not provided proper justice turned themselves into antisocial elements and do not hesitate to commit homicides. Thus they take to fatalism and get furious for every tiny disturbance that happens in the society. They get brave enough to kidnap politicians who are not providing justice to the poor-lot and never think twice to kill unjustified politicians. The government provides protection to all those irrational politicians at the cost of an exchequer.

It is a shameful situation to know that we have the severe shortage of judges in India. It is a million dollar question why the government takes it seriously and even why it tries not to skilled people to provide free education in Law.

It is a shocking revelation to know, in India now 27 million cases are pending in courts, 4500 benches are empty.

Highlights of why – Justice Delayed is Justice Denied:

The problem has been compounded by the unprecedented increase in judicial vacancies across the three tiers of Judiciary.

Official figures show, the SC is short of five judges, 24 HCs have 464 vacant judges post and 4,166 at the subordinate courts. Two more SC judges are due to retire this month.

Appointment to the Supreme Court and high courts are done by the collegium of the top court. But judges in the subordinate courts are appointed by the state high court.

The stand-off between the government and the Supreme Court collegium over a memorandum of procedure has made things worse for judicial appointments in the higher judiciary.

Noted senior advocate and former Law Commission member KTS Tulsi told HC that the tussle between the government and the Supreme Court has “adversely affected the efficiency of the judiciary”.

The arrears are mounting and new appointments are not being made.

While the judiciary has been targeting the government over appointment of judges in the Supreme Court and high courts, it could well be held responsible for the huge vacancy of subordinate court judges.

In 2010, Justice VV Rao of the Andhra Pradesh high court said it would take 320 years for the Indian judiciary to clear the millions of pending cases.

This is primarily due to poor-judge-population ratio. With a sanctioned strength of 21,000-odd judges, subordinate courts are under tremendous pressure as almost a quarter of the posts remain vacant, thanks to lack of advance planning and a poor recruitment policy.

Despite the Law Commission and the Supreme Court recommending that India should have 50 judges per one million people, the ratio continues to be abysmally low at 17 judges per one million people.

This is nothing compared to the US, the UK and Australia which have a judge-population ratio of 107, 51 and 41 respectively.

The Department of Justice has said the problem of shortage of judges is being addressed through a two-pronged strategy. Firstly, by filling up a large number of vacancies and secondly, increasing the sanctioned strength of judges.

Even by conservative estimates, the number of cases reaching courts will touch 15 crores, requiring at least 75,000 judges in the next three decades, the report said.

To conclude this topic here – India needs 70,000 judges immediately, to resolve the gravest of the gravest criminal / civil cases.

Finally, it is Indian Judiciary system that is to be blamed bluntly without any arguments. It is not giving enough importance that it should give to resolve the problem.

If proper care is taken, the government can expedite and solve long-pending cases before a plaintiff dies without getting any justice. People should not hesitate to call the attitude of the government which is leading the country more criminal side and showing absolute negligence towards the innocent citizens.

See also, Should animals be used to invent vaccines?

Add a Comment

Your email address will not be published. Required fields are marked *