With the President calling for a solution to fix the “culture of adjournments”, it is about time that the longstanding problem of judicial delays got the urgent attention it deserves.
On August 20, 32 years after a case of blackmail and sexual abuse of hundreds of girls came to light in Ajmer, a POCSO court in Ajmer convicted and sentenced six persons to life imprisonment. On August 29, Delhi High Court allowed a complainant to withdraw a case after she spoke of the burden of repeatedly having to miss work due to court appearances — a situation the Bench described as “litigation fatigue”. These two cases, in two different courts, illustrate the problem that President Droupadi Murmu sought to highlight in her address at the two-day National Conference of the District Judiciary. Calling it the “Black Coat Syndrome” she spoke of “poor people of the villages” being reluctant to go to court, fearing the financial and mental strain of a prolonged judicial process. She said, “How many days can it take? Thirty-two years, 12 years, 20 years, two years… One should think deeply about this.”
With the President calling for a solution to fix the “culture of adjournments”, it is about time that the longstanding problem of judicial delays got the urgent attention it deserves. It is the outcome of a system stretched to its limits, a conjunction of inadequate resources, especially manpower, and a caseload that grows each year: According to information available on the National Judicial Data Grid, over five crore cases are pending across different levels of the system. Contributing to the challenge are structural issues, such as the large shortfall in the number of judges: At just 15 judges per 10 lakh people, the figure is far less than the 50 judges per 10 lakh recommended by the 120th report of the Law Commission in 1987. Also in short supply are support staff, who are essential to the timely and efficient function of courts. While there have been attempts to unclog the system, such as by the addition of more courtrooms, an updated e-filing system and strategies like pre-litigation dispute resolution, like the Lok Adalats, they have not made a dent.
If the faith of citizens in courts is to be reaffirmed, a long-term plan is required to comprehensively address the issues that keep cases hanging in limbo for years: One such plan, with three stages, was outlined by the CJI in his address at the same event. The demand for speedy justice has again gained traction following the rape and murder of a doctor in Kolkata and the sexual assault of two girls in Badlapur, with the PM himself calling for speedier disposal of cases of violence against women. Reform, however, means addressing the shortcomings of the system without compromising its integrity. A careful balance is needed between speed and due process, between ensuring that cases are cleared and that justice is done.
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First uploaded on: 03-09-2024 at 07:40 IST
