OPINION: The Consequences of Justice Delayed & Denied in India
It is undoubtedly evident that India is witnessing numerous cases of delayed and denied justice which are tarnishing the reputation of our Judiciary System to an extent beyond comprehension. These bizarre situations of justice delay and denial have in fact partially erased the scope of Indian Judiciary towards becoming the most promising institution amidst many others. For instance, Lalu Prasad Yadav’s fraud case which entails his conviction in 2018 by the Indian Judiciary for his fraudulent activity that transpired in 1992 shows a major drawback in our judiciary system. In fact, the most appalling scenario further degrading the standards of our judiciary system was when Lalu was elected as Bihar’s CM post his fodder scam and ruling Bihar for years.
Exploring the Delayed Cases
Despite India aiming to transform into a sheer digital hub, the Indian judiciary bodies are still conforming to the manual system for execution wherein lawyers follow a long procedure to track clients’ hearing dates besides holding a major dearth in implementation of digital technologies. As a matter of fact, multiple hearing rooms across courts in India have ineffective display boards. Moreover, there is no proper mechanism to understand the financial frauds, cyber fraud, digital fraud etc. While most of the police officers possess insufficient education and training to comprehend the currency system, digital system of our country. Sometimes even the nature of the case. Coupled with this, the Indian Government itself allocates a very less budget for the Indian Judiciary System which paves way to numerous issues like less manpower, less number of judges, poor co-ordination between the other institutions like Government, Police department etc. and no proper execution of policies in India. To illustrate, there are approximately 3 crore cases pending in different courts and many of these cases pending for more than 10 years together in India due to less number of judges and judiciary staff and no proper utilization of digital transformation in the judicial system in our country. For instance, consider a dispute between a landlord and a tenant. Regardless of the judgments of these cases being disclosed in favour of landlord majority of the times, the tenant gets the benefit of staying in the landlord’s house due to extension in court hearing dates, sometimes which goes on for decades. In this case, there is no point in execution of justice as the justice itself is delayed for 30-40 years despite being favourable to the landlord.
Solution for Landlord tent dispute justice delay is – Lok Adalat! This is used in disputes where monetary compensation is claimed. The use of Lok Adalat on a wide scale has been instrumental in reducing the backlog of the courts in our country.
The primordial cause behind surging crimes in India is Mens Rea, the psychological state of mind of a criminal which includes his/her mindset before & after committing a crime, reason behind becoming a habitual offender and many others. In addition to this, as getting bail is clearly incorporated under the human and accused rights policy of India, both the very criminal and the innocent individual applies for the bail, gets it very soon sometimes and becomes a normal man like others. Further over the trial procedure which sometimes can be quick or prolong for decades, the criminal has a great advantage of becoming free during trial itself which can boost his psychological confidence and turn him into a habitual offender. Also, the mentality of committing crimes and getting bail from the court keeps strengthening in him due to the above factors.
To instill proper co-ordination between judges and the courts, it is essential to outsource IT Firms like TCS, WIPRO, INFOSYS etc. into our judiciary system. Also, Government needs to properly implement and execute the preformed policies while judges and courts need to own independent resources, access to digital technologies, self-budgeting & financing strategy and surplus manpower and infrastructure. Even at fast track courts besides others, there must be ample number of judges to effectively handle any sort of criminal case. Also giving the importance to quantum of prescribed offences the sentences for accuse must take place within a specified time bond.
Hence, it is highly imperative for the Indian Judiciary System to devise appropriate and efficient solutions that can reduce the increasing number of criminal cases of justice delay and denial across India thereby metamorphosing it into a safer abode for all people.