JUSTICE DELAYED IS JUSTICE DENIED

The main purpose of legal systems in any country is providing Justice to those who have been wronged. As a student of law, I am bound by the motto: "Justice Delayed is Justice Denied". It is a historical fact that in India, the Judiciary doesn`t efficiently provide quick justice. For a Civil Case, the average time to provide a judgement by the lower court is 3 years. Suppose we consider a case of defamation by a person X relating to a person Y, the justice will be provided to Y after 3 years. By this time, his personal integrity, reputation and other morals would have been disintegrated. This disrupts the basic need for a judicial system and justice. In comparison, the courts in the US and UK give swift judgements. The average time taken in these courts is 10 days for a similar civil case.

I would like to share a personal experience. When I was interning at a law firm, I came across a case, which was involving certain evictions and property-related disputes of a Hindu Undivided Family (HUF). I was surprised and disappointed when I found out that the particular case had been going on for more than 70 years, right from the time we obtained Independence! This opened my eyes towards the state of our Judiciary and the inefficient system we are all living in because Justice delayed is the same as Justice denied.

The courts are not to be entirely blamed for this. Firstly, each and every year, a large number of cases are filed. There is a lot of administration process involved before a case comes to the court. The clerical work hinders the efficiency of the Judicial System. In criminal cases, the police and other authorities take time to conduct the preliminary investigation and at times do not record the FIR appropriately. Moreover, the entire structure of the Judiciary is complex and has a hierarchal division. The laws which are present are also complex, which makes it hard to interpret and hence a lot of deliberations relating to such must be made. I must say that the Founding Father`s of the Constitution did not take enough precautions while constructing the Constitution. They made laws and provisions so complex that it could pave way for disaster. If we take the example of the Nirbhaya Rape and Murder case, more than 15 appeals were filed to the Supreme Court and President even after the Supreme Court gave its final verdict. They filed all these appeals so as to get out of Capitol Punishment which they indeed deserved after committing such a heinous crime.   

Even as we are discussing these points, the statistics show that nearly 62000 cases remain pending each year. This should be taken as an issue of high concern, as it defines India`s stability globally and distinguishes it from developed democratic nations. Since I have mentioned democracy, these impending cases faulters the very term democracy. It sets up a platform where the Rich are distinguished from the Poor. The Rich section of people tends to get justice much quicker than the common man. This, I want to relate with the violation of article 14 which cannot be blatantly laid out but must be highlighted. Article 14 is perhaps the most important article in the Indian Constitution which lays out that everyone must be treated equally. The differentia as Rich and Poor is unjustified and indeed violative of the most basic Fundamental Right.

Technological advancements must be made in the Judicial System to reduce clerical work in the lower chains, so as to improve the efficiency of the system. The police and other officials must take cognizance of reports and statements as soon as possible in order to start the court proceedings quickly. The existing laws should be modified and made simpler so that the accused does not find ways to appeal. The President must appoint a skilled team of judges, which will provide judgements efficiently. The Supreme Court should appoint a committee which conducts efficient tests for judges, so as to identify a skilled set of Justices who can give just verdicts.

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