~ Yashika Manchanda
‘JUSTICE DELAYED IS JUSTICE DENIED’ is a commonly used phrase which states that the delay by the courts in delivering Justice means Justice is not provided or it is denied. In the Preamble of our Constitution, the constituent assembly had put the word ‘JUSTICE’ before the terms Liberty, Equality and Fraternity. They wanted that nobody should be deprived of Justice. Everyone should have a medium to protect their rights and seek justice from the Judiciary on violation their rights. The Judiciary is also made independent of the other organs of the Government so that Justice can be provided to all without any influence. The Judiciary is allowed to amend the laws in accordance with the changing circumstances to achieve the purpose of providing Justice. Delaying in process somehow lacks the reliability factor of the Judiciary. There are cases which are not solved from a decade, we can take the example of Bhopal Gas Tragedy, Nirbhaya Rape case and more. It had happened several times that the Justice is delivered after the demise of the victim. The courts are overburdened with the cases which can be solved outside the courts also. Approximately 30 Million cases are pending in the Courts till date. The number of Judges is very much low in comparison to the population of our country. There are approximately only 17 judges for 1 Million population.
REASONS FOR DELAY-
1. Less number of Judges in comparison with the population of our Country,
2. Inefficiency of Judges is also a major cause,
3. Large number of cases because of increasing PILs and appeals in the higher courts of the cases which are already decided by the lower courts,
4. Lack of punctuality in the Courts,
5. Unnecessary adjournment granting,
6. New amendments in the Law which takes time to understand them properly,
7. Absence of Work Culture and more.
SOME SUGGESTIONS
Some ways to curb the delay can be – Adjournments should not be given on frivolous grounds, the procedure can speed up through the computerization of the whole country’s Judicial system, punctuality is required by the side of lawyers, judges and the parties as valuing time is necessary. It is not possible through the efforts of the judges only, it should be a collective effort. The Judges should not be overburdened with the cases which can be solved through negotiations. We can together make changes in the society which are a kind of need of the hour.
Source : myadvo.in, legalservicesindia.com
Picture : mapsofindia.com