Manthan topic- Citizens' Appeal: Ensuring expeditious and timely

justice to all

JUSTICE DELAYED IS JUSTICE DENIED- SOLUTIONS PROVIDING SPEEDY JUSTICE

Team Details:-

1- Abhilasha Khare,

2- Sukriti Singh,

3- Rushubh Lallan,

4- Manu V. John,

5- Rahul Tripathi.

Justice delayed is Justice denied. Delay in the delivery of justice

become almost proverbial and axiomatic. It is a chronic disease or

thorn in the flesh of the body judiciary. "It is a cancerous growth if

not operated in a primordial stage, would become fatal and resentful

malevolence in the entire judicial system. Accumulation of cases in

law courts have reached a stage which endangers the very existence

of judicial system. Unusual delay in disposal of cases has assumed

gigantic proportion. It has shattered the very confidence in litigating

public in the capacity of courts to redress their grievances and to

grant adequate and timely relief. The pendency of cases in the

Supreme Court has crossed the two hundred thousand mark, while

figures for High Courts is past 1.8 million.

It is reckoned that at the High Court level, the case filing rate has

been rising by 23% a year and disposal rate by just 14 % . One of the

earliest dowry death cases that hit the headlines was that of

Shashibala in 1979. Thirteen years later the case is still stuck in the

Sessions court of Shahdra. Shashibala's case is only an example out

of the myriad number of cases lying unattended in Courts, throughout

India. Even though the existing problem of judicial delay has been

addressed by Law Commission of lndia in various reports and there

have been various vocal attacks by jurists, the problem still remains

unaffected, unabated and unsolved.

MAIN REASONS FOR DELAY IN

PROVISION OF JUSTICE:-

Defective legislations,

Hasty and injudicious action by executive,

Apathy to solve problems by negotiation,

Frigidity in shouldering the responsibility,

Inadequacy of judges,

Lack of adequate training,

Want of refresher courses for improving professional ability of judicial officer,

Lack of capacity to control proceedings,

Absence of co-operation by legal profession and defective court procedure,

Want of collaboration on the part of litigating public,

Lengthy procedure,

Deviance in the legal field i.e., white collor crimes, corruption etc.

SOLUTIONS TO THE PROBLEM OF

DELAY IN JUSTICE:- Alternative dispute resolution mechanisms

Lok adalats,

Fast track courts,

Mobile courts,

Gram nyayalas,

E-courts,

Appointment of more judicial staff,

Curb the problem of abuse of discretion,

Main aim should be provision of justice and not financial gain.

IMPLEMENTATION OF THE

MENTIONED SOLUTIONS:-

ADR mechanisms like arbitration, mediation, conciliation, plea bargain etc shall be resorted so that pressure on litigation is decreased,

Lok adalats on a frequent basis shall be held so that cases in a large number can be solved at a single time,

Fast track courts are very much in demand after the Nirbhaya case. These courts shall be set up for speeding up the court procedures,

Gram nyaylayas at the village level shall be established to solve the problems then and there itself,

Mobile courts at different places shall be organized frequently to solve the problems quickly without any burden of litigation,

E-courts shall be set up to solve the disputes online via internet,

The judicial system shall be strong enough to keep the check on deviance in the legal field.

IMPACT OF THE SOLUTIONS

SUGGESTED:-

Alternative dispute resolution has proved to be a very effective sloution for getting speedy justice. It is less time consuming and solves the diputes in a healthy manner.

Lok adalats are also important way to get speedy justice as it deals with a large number of cases at one time.

Fast track courts aim at speedy trial of cases which will help in early disposal of cases.

CHALLENGES TO THE

SOLUTIONS PROVIDED:- ADR mechanisms though very effective are not applied to the

fullest in our country. Many at times the affected people as well as the judiciary both do not resort to these mechanisms and adopt to solve the disputes through litigation only.

Lok adalats are held frequently but decisions given in the lok adalats are many at times not complied with.

Setting up fast track courts is a good idea but the procedure for its set up is a time taking procedure.

E-courts are very affective solution but in India many places and people do not have recourse to internet.

Nyay panchayats at times proves to be ineffective and favours the high caste and does injustice to lower castes.

CONCLUSION:-

On a concluding note we would like to say that the theory of independence of justice shall be followed to the fullest in our country. Justice takes the help of many factors but ultimately achieving justice is the final object to be achieved. And with

the increase in the mindset of people speedy justice has become the need of the hour. Adhering only to the traditional

litigation methods will not serve the purpose. In the recent times many incidences have happened which demand for expeditious and timely justice like:- Nirbhaya rape case, Asaram bapu being alleged for sexual harassment, many

high profile scandals etc. all demand for speedy hearing as the population in whole demands justice and that too

speedily.

It was Ajmal Kasab’s case which took years for its final disposal and Nirbhaya rape case also took so much time and all this arouses the anger of general public. All we want is justice and that too speedily

and to the fullest. The accused of such heinous offences shall be punished without wasting too much time so that the victim gets

justice to the fullest.

The pressure on litigation shall be released by adopting various alternatives as we have mentioned in the presentation earlier so that

expeditious and timely hearing of the cases can be done and the main aim of achieving justice is achieved.

Though many challenges are also there in adopting the mentioned solutions but some efforts will surely help in achieving the desired

abject.

APPENDIX:-

Books referred:- Law relating to

arbitration and conciliation in india- Dr N.V.Paranjape.

Public interest litigation, legal aid and services, lokadalats and para-legal services- Dr N.V.Paranjape

Websites referred:- http://www.supremecourt.gov.

pk/ijc/Articles/9/1.pdf http://www.hcmadras.tn.nic.in

/jacademy/articles/ADR-%20Justice%20SB%20Sinha.pdf

http://www.criminalsolicitor.net/forum/uploads/Gavin/GLink/2006-07-21_075208_delivery-simple-speedy.pdf

http://www.lawfoundation.net.au/ljf/site/articleIDs/012E910236879BAECA257060007D13E0/$file/bkgr1.pdf

http://www.redress.org/downloads/publications/WAITING_FOR_JUSTICE_Mar%20O8%20Fin%20_2_.pdf