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India has a significant backlog of cases, and little is being done to clear it and provide justice to the parties involved in a quick manner. Many cases in court are still unresolved. There are 4.7 billion big integers unfinished cases for lesser courts, with a total of 25,628 judges with significant authority. 51.5 lakh cases are currently pending in the criminal justice system.

Justice Delayed is Justice Denied

Justice Delayed is Justice Denied

A person thinks in court to obtain legal justice However, due to the length of our legal process, it takes longer than intended due to a scarcity of judges Another cause could be the pending cases within the court system. The court is taking fake cases. Some people arrive after they have completed their sentences. Their lawsuit, though, is still active. The code includes provisions for resolving disputes and expediting trials, such as charge joining and plea bargaining, negotiating, plan hearings, and so forth. But the issue is that the law isn’t completely clearly enforced. Ordinary people lose the majority of their cases because some judges favor one side or the other. Rape cases are rampant in India, where women are revered as gods. Day after day, the ratio continues to rise. There ought to be a way out of pursuing justice as quickly as feasible.

Views of Courts on the Delay in Justice

“A system of criminal procedure that failed to bring down a swift trial couldn’t be considered to be either truthful or cheap,” the Supreme Court declared in Hussainara Khatoon v. State of Bihar (AIR 1979 SC 1364). In the case of R.C. Sharma v. Union of Bharat (1976 (3) SCC 474), the Supreme Court stated that justice should not be done, but rather appear to be done and that plaintiffs should consider the judgments of the courts that have already passed. 

When the courts take an excessive amount of time to deliver judgments, this faith is shaken. In the case of Narain Singh Yadav v. The  Chief Controller of Vending, Kanpur and Ors. (1990 (1) BomCR 39), the city court held that the current judicial procedure consumes a significant amount of time and that a few cases can last up to twenty-five years, which is clearly in violation of Article twenty-one of the Indian Constitution. It had been noted that our legal system is based on the rule of law, which cannot be maintained indefinitely.

  • Lack of Transparency: In the functioning of the Indian courts, there is a severe lack of transparency and accountability. The public may be concerned about the mystery surrounding the legal system.
  • Appointment of judges: Judges in the Republic of India area unit are appointed as a command in three Judges’ Cases by a collegium.
  • Benches distribution: The Supreme Court benches, also known as Master of Roaster, are awarded by the Chief Justice of the Republic of India. On January 12, 2018, four of the Supreme Court’s most senior judges convened a group meeting to address the issue of assignment cases inside the apex court, as well as other challenges plaguing the country’s highest court.

Improve Court Efficiency

The ways to improve court efficiency are as follows-

  • By streamlining the procedure in order to expedite the trial.
  • By elucidating the judicial procedure.
  • Increasing the system’s data technology performance.
  • Improving the legal education of students.
  • Lawyers’ advice: Be transitory, be bright, and be off.
  • Increasing the number of judges from the lowest level to the highest.
  • The courts are being screened live.
  • Reducing corruption in the judiciary, especially at the highest levels.
  • Judges’ post-retirement jobs are coming to an end.

eCourts Project 

The eCourts Project was conceived in response to the Supreme Court of India’s committee’s submission of “National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary – 2005.”With the goal of transforming the Indian judiciary through ICT-enabled courts. The committee might also be an organization set up by Asian governments. In response to a proposal from Hon’ble the Asian nation’s jurist to serve on a group that will assist him in creating a national policy on Asian Judiciary automation and technological communication advice. Changes in management are connected. The eCourts Mission Mode Project might also be a pan-India project that is overseen and monitored.

Examples 

A few important examples of “Justice Delayed is Justice Denied” are as follows-

The Upphar Cinema Case

On June 13, 1997, a swirling mass of dense smog invaded the balcony portion of a metropolis cinema theatre. The families standing on the roof terrace were trapped, with most exits unreachable and no help available, and 59 died, with 100 and five of us getting burned. Neelam and Shekhar Krishnamoorthy of the World Health Organization brought a case against the cinema theatre after their children were killed in the tragedy. It took many years for the final word to be delivered, finding the management of the movie hall and the city government to be negligent.

Nirbhaya Case

We have a strong desire to understand all or any aspects of the heinous act done by the four men in the Nirbhaya case in 2012. The courts took seven years to ultimately punish the defendants.

Related Links

  1. Social Justice
  2. Role of the Judiciary in India
  3. Role of Public Prosecutor and Judge in the Criminal Justice System

Frequently Asked Questions

Q 1. Are you aware of any changes to new and ongoing cases related to gender-based violence or rights in the family? 

Answer-

Section 354 discuss about an offence where an accused uses assault against girls for outraging her modesty. The punishment for this offence is imprisonment  of five years. 

Q 2. What is Article 21?

Answer-

It states that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Q 3. How many virtual courts are there in India?

Answer-

After the successful launch of the e-courts project, the e-courts filling computer code is on the market to be used in 21 High courts and 18,000 District Courts of Asian country.


Last Updated : 02 Aug, 2023
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