It is a harsh truth of our legal system that only the aggrieved persons knock on the doors of the court to seek justice. You will not find a single happy soul in the entire court premises. The aggrieved person put his precious time and life-saving money into the hope of getting timely and effective relief against the wrongdoer. However, our justice delivery system is largely unable to live up to this expectation. A huge pendency of cases, running from the last 20-30 years, with no possible outcome even shortly is the harsh and bitter story of our current legal system.
For instance – In the Delhi Gangrape case of 2012 (Nirbhaya Case), the trial court awarded the death penalty to all the accused in 2013 for that brutal and barbaric offence. But, because of our slow justice delivery system, they were executed 7 years later in March 2020.
In this article, we will discuss the concept of ‘justice delayed and justice denied’ in our legal system. Further, we will shed light on the reasons and factors behind this prolonged delay in the justice delivery mechanism.
Table of Contents
Meaning of Justice Delayed is Justice Denied
It is a legal maxim which states that if the aggrieved party is not provided with a timely legal remedy, it is equivalent to not providing any remedy. Here, time is of the essence and the aggrieved party wants immediate help. The right to a speedy trial has evolved from this maxim. Denial of timely remedy is detrimental to the interest of the aggrieved party as it has not only suffered the damage but also it is financially burdensome to carry on the litigation.
More often than not, our complex judiciary system is cited as a prime cause for the delay in justice. Our judiciary system is divided into 3 parts, which are as follows-
- Supreme Court – It is the apex court of the country. The decisions given by this court are binding on all the other courts in the country. It possesses the power to pass any decision to meet the ends of justice. Talking about its composition, it has 34 judges (33 Judges + Chief Justice of India). It is important to note that the Chief Justice doesn’t have any voting power. He is known as the master of the rooster as he decides on the bench of judges to hear any dispute.
- High Court – After the Supreme Court, the next in authority is our High Court. It is the top judicial institute of the state. It has the power to issue writs under Article 226 of the Constitution.
- District Court – The High Courts are followed by the district courts. They are headed by the district and session judges under the supervision of the High Court. The district courts can be further subdivided into 2 parts – (1) Session Court and (2) Civil Court.
Factors Behind Delay in Justice
There are various factors which are causing inordinate delays in our justice delivery system. Some of them are discussed below-
Corruption in the Indian judiciary
It is a widely known fact there is large-scale corruption in our judicial setup. The corruption peeped into rights from the moment of appointment, as there was a lack of transparency and procedural compliance. If the judge is corrupt, it would be futile to expect that he will pronounce a fair judgment promptly. In the greed for money or any other monetary benefits, he will give undue preference to a party. Personal bias will decide the fate of a case, not the merit.
Lack of Manpower
This issue is highlighted many times by the current and former judges of the Apex Court. There is a large vacancy in High Courts and District Courts, but the members are not appointed against the same, Since the appointment depends on the government, Justice T.S Thakur reprimanded the government in very strong words as he highlighted that-
‘It is easy to criticize the judiciary but no one is talking about the fact that there are only 10 judges over a population of 10 lakhs. The appointment procedure stood at a halt on the part of the government for obscure reasons. This lethargic behaviour of the government is severely affecting the common people of the country.
As per a report published by the Law Ministry in 2016, there were about 16119 judges in the subordinate judiciary, 598 in High Courts, and 26 in Supreme Court. Against the counting of judges, approximately 32 million cases are pending in the country.
Complexed Judicial System
In our country, the judicial system is very complex. The decision given by a trial court can be challenged before the High Court, and thereafter to the Supreme Court. Even the cases already decided on merit can be reopened at the appeal stage, and the court may grant the order for a fresh collection of evidence. Apart from appeals, there are provisions for filing revision applications, special leave petitions, etc. A single case normally goes through 3 to 4 stages before being executed, and each stage involves a substantial period.
The famous case against former Tamil Nadu CM (J. Jayalalitha) highlighted this entire story. A charge sheet was filed against her in 1997 on the allegation of having undisclosed assets. This charge sheet was decided in 2017 by the Hon’ble Supreme Court. But, at that time, she had already died.
Lack of Transparency
Transparency is the heart of democracy but is hard to be seen nowadays. Concerning the judiciary, there is a dearth of transparency in the matter of –
- Appointment of judges. (Though the judges are appointed by a collegium, the members of the collegium are decided by the government. Further, the working process of the collegium is completely opaque.
- Allocation of benches. (In India, CJI is the master of the rooster and he decides the composition of judges to hear a particular dispute. This power is completely based on his will and discretion. In 2018, four senior judges of the Apex court held an open press conference and raised the issue of favouritism and biasedness while assigning the cases.
Judges on Leave and Adjournment
Recently, it has been observed that the judges take leave without even notifying the registry of the courts. The parties only come to know about it after reaching the court. Since there is already a lack of manpower, the frequent leaves of judges cause a huge backlog of cases. The advocates should be equally blamed for the same. On the day of the hearing, they seek adjournment. It has become a trend in litigation that after the admission of a case, the next few hearings should be adjourned by citing some frivolous reasons.
What are the Ways to Improve Courts’ Efficiency?
To improve the efficiency of the courts, the following methods should be adopted.
- Promoting Alternative Dispute Resolution
- Simplifying the court procedure, particularly for litigation
- Bringing transparency in the appointment of judges.
- Increasing the strength of judges in lower as well as upper courts
- Introducing technology in the judicial system
- Improving the quality of fresh law graduates.
- Reducing corruption.
- Ending post-retirement jobs for the judges to maintain their independence.
Virtual Hearings and E-courts
With the global pandemic and subsequent lockdown, the judiciary has also shifted to a virtual world wherein all the matters, ranging from filing to hearings are happening virtually. This has improved accessibility as the people belonging to far-fetched regions of the country can present their cases before the Apex court. The relaxation in the procedure will substantially reduce the time involved in the completion of the case.
However, the virtual world has its limitations which cannot be disregarded. There is an inadequacy of trained staff who are familiar with all the technical requirements. Further, there are cyber security threats, insufficient funding, and poor infrastructure (especially in subordinate courts.
Impact of Delayed Justice on Society
Delayed justice has many negative effects on society. When court cases take too long, it affects individuals, families, and communities in various ways. Here are some key points to understand the impact:
Emotional and Psychological Stress
- People involved in long court cases often experience high levels of stress and anxiety. The uncertainty and prolonged waiting can lead to mental health issues like depression and anxiety.
- Victims and their families might feel helpless and frustrated, as they have to relive the trauma over and over again during the long legal process.
Financial Burden
- Legal fees can be very expensive. As cases drag on, the costs keep piling up. This financial strain can be especially hard on families with limited resources.
- Besides legal fees, people may also lose income due to taking time off work to attend court hearings.
Loss of Trust in the Legal System
- When justice is delayed, people lose faith in the legal system. They may feel that the system is unfair and not capable of providing timely justice.
- This loss of trust can lead to a decrease in law-abiding behaviour, as people may resort to other means to resolve their issues.
Social Consequences
- Communities can suffer when justice is delayed. For example, if a criminal remains free due to slow legal proceedings, it can lead to a sense of insecurity and fear in the community.
- Victims might feel isolated and unsupported, leading to social withdrawal and the breakdown of community ties.
Impact on Businesses
- Businesses can also suffer due to delayed justice. Disputes over contracts, property, and other business matters can hinder growth and lead to financial losses.
- Investors may be reluctant to invest in regions where the legal system is slow, affecting the overall economic development.
Case Study: Delhi Gangrape Case
- A notable example is the Delhi Gangrape case of 2012, where the accused were sentenced to death in 2013 but were only executed in 2020. This delay caused immense pain and frustration to the victim’s family and raised questions about the efficiency of the justice system.
Latest Information
- As of recent reports, over 40 million cases are pending in Indian courts. This backlog continues to grow, and experts suggest that without significant reforms, the situation will worsen.
- Efforts are being made to address this issue, such as the introduction of e-courts and virtual hearings, which have been accelerated due to the COVID-19 pandemic. However, these measures alone are not enough.
Steps Forward
- To improve the situation, it is essential to increase the number of judges and court staff to handle the workload.
- Simplifying legal procedures and promoting alternative dispute resolution methods like mediation and arbitration can help reduce the burden on courts.
- Transparency in judicial appointments and proceedings can rebuild trust and ensure that justice is not only done but seen to be done promptly.
International Comparisons: How Other Countries Handle Judicial Delays
Different countries have developed various strategies to manage judicial delays and reduce case backlogs. By examining these practices, we can identify useful lessons to improve the efficiency of India’s legal system.
United States
The U.S. has specialized courts like small claims courts and family courts that handle specific types of cases quickly and efficiently. The use of plea bargains in criminal cases helps to resolve cases faster, reducing the number of trials and easing the burden on courts.
United Kingdom
The UK has implemented a robust system for case management. Judges actively manage cases from the start to ensure they proceed efficiently and without unnecessary delays. The UK also uses alternative dispute resolution (ADR) methods like mediation and arbitration extensively to settle disputes out of court, saving time and resources.
Singapore
Singapore is known for its efficient judiciary. It uses technology extensively, including e-filing systems, video conferencing, and online dispute resolution platforms. The judiciary in Singapore also enforces strict timelines for case proceedings, ensuring that cases are resolved quickly.
Australia
Australia has established a system of “fast-track” courts for minor offences and less complex cases, speeding up the resolution process. The Australian judiciary promotes ADR methods and encourages parties to settle disputes outside of court whenever possible.
Lessons for India
Specialized Courts: Introducing more specialized courts in India can help handle specific types of cases more efficiently.
Active Case Management: Judges in India could adopt more active case management practices to ensure timely progress and resolution of cases.
Use of Technology: Increasing the use of technology in court processes, such as e-filing, virtual hearings, and online dispute resolution, can significantly reduce delays.
Promoting ADR: Encouraging the use of ADR methods can help resolve disputes faster and reduce the burden on courts.
The Role of Legal Education in Addressing Judicial Delays
Improving legal education is crucial to producing better-trained judges and lawyers who can help address the issue of judicial delays. Here’s how reforming legal education can make a difference:
Ethical Practices
Legal education should emphasize the importance of ethics and integrity in the legal profession. Lawyers and judges with strong ethical foundations are less likely to engage in corrupt practices that contribute to delays. Courses on professional responsibility and ethics should be mandatory in law schools.
Efficient Case Management
Training future lawyers and judges in inefficient case management techniques can help streamline court processes. This includes skills like setting realistic timelines, avoiding unnecessary adjournments, and managing caseloads effectively. Practical training and internships in courts can provide students with hands-on experience in managing cases efficiently.
Adoption of New Technologies
Legal education should incorporate training on the latest technologies used in the judiciary, such as e-filing systems, video conferencing, and digital case management tools. Familiarity with these technologies will prepare future legal professionals to work efficiently in a modern judicial system.
Continuous Professional Development
Legal professionals should be encouraged to engage in continuous learning and professional development throughout their careers. This can include attending workshops, seminars, and courses on new legal developments and technologies. Bar associations and judicial academies should offer regular training programs to keep lawyers and judges updated.
Interdisciplinary Approach
Incorporating interdisciplinary studies in legal education can provide a broader perspective on how law interacts with other fields such as economics, sociology, and technology. Understanding these interactions can help legal professionals develop more effective solutions to complex legal issues.
Latest Developments
As of recent initiatives, some law schools in India have started incorporating technology and practical training into their curricula. For example, courses on cyber law, intellectual property, and ADR are becoming more common. The National Judicial Academy and other judicial training institutions are also working to improve the training of judges in case management and ethical practices.
By reforming legal education to focus on these areas, we can develop a new generation of legal professionals who are better equipped to handle cases efficiently and uphold the integrity of the judiciary. This will ultimately help reduce judicial delays and improve the overall effectiveness of the legal system.
Frequently Asked Questions (FAQs)
What is meant by “justice delayed is justice denied”?
This legal maxim means that if justice is not provided promptly, it is as if no justice is provided at all. Delays can cause significant emotional and financial harm to those seeking justice.
What are the primary reasons for judicial delays in India?
Judicial delays in India are caused by factors such as a shortage of judges, corruption, complex legal procedures, and frequent adjournments. These issues contribute to prolonged case durations.
How do other countries handle judicial delays?
Countries like the US, UK, Singapore, and Australia manage delays by using specialized courts, promoting alternative dispute resolution, leveraging technology, and implementing efficient case management practices.
How can improving legal education help address judicial delays?
Enhancing legal education by focusing on ethics, efficient case management, and the adoption of new technologies can better equip future judges and lawyers to handle cases promptly and reduce delays in the judiciary.
Conclusion
The concept of delayed justice is one of the core concerns of our present-day justice delivery system. Since a single case took years to decide, the parties feel it futile to bring their case into court. There are various reasons for this delay, such as corruption in the judiciary, lack of transparency, complex judicial system, etc. To deal with this issue, some good steps can be taken, such as increasing the manpower, ending post-retirement jobs for judges and promoting Alternative dispute resolution (Arbitration and mediation).
In a nutshell, it can be said that this issue needs radical changes on the part of the government and judiciary to bring some visible transformation.