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HOW can every Indian have Faster Justice?
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HOW can every Indian have Faster Justice?

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Faster justice is not just important for a fulfilling life, it is also very important in our fight against corruption and crime, including crime against women. Read More for How the justice system can …

Faster justice is not just important for a fulfilling life, it is also very important in our fight against corruption and crime, including crime against women. Read More for How the justice system can be speeded up.

Published in: News & Politics

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  • Thanks guys! Our idea is to present important complex issues in a simple form so that every citizen can understand them. Do look at our other analysis and more importantly, spread the word!
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  • Public Information Infrastructure and Innovation spear headed by Sam Pitroda,Scientific adviser to PM had one of the tasks > ' Promoting greater use of ICT in the Justice System' but we stand nowhere :( .

    But overall, nice analysis. Would be useful for learners :)
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  • Wonderful Analysis!!!!
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  • 1. HOW can the Justice System work faster? ! ! The Analysis
  • 2. Faster Justice System Where we are A Sample Study! • • • The Analysis In one Anti Corruption branch of the CBI! Cases for the 5 year period from 1980 to 1984 were tracked! Registration, investigation, prosecution and outcome of trials, appeals and revisions were recorded over time! Source: Indian Police Journal, Conviction Rate: A reality check.
  • 3. Faster Justice System The CBI - Anti Corruption Branch, Sample Study Where we are People Charge-sheeted: 275 The Analysis Source: Indian Police Journal, Conviction Rate: A reality check.
  • 4. Faster Justice System The CBI - Anti Corruption Branch, Sample Study Where we are Number Convicted: 144 Number of Accused: 275 The Analysis Source: Indian Police Journal, Conviction Rate: A reality check.
  • 5. Faster Justice System The CBI - Anti Corruption Branch, Sample Study Where we are Underwent Imprisonment after conviction: 8 (As on date of study in 2008) Number Convicted: 144 Number of Accused: 275 Others? Appealed 111 | Released on probation, Convicted till rising of court, Appeal pending: 66 The Analysis Source: Indian Police Journal, Conviction Rate: A reality check.
  • 6. Faster Justice System The CBI - Anti Corruption Branch, Sample Study Where we are Average Investigation Time: 13.4 months Yr 1 The Analysis Source: Indian Police Journal, Conviction Rate: A reality check.
  • 7. Faster Justice System The CBI - Anti Corruption Branch, Sample Study Where we are Average Time taken for Trial: 7 years, 4 months Yr 1 The Yr 8 Analysis Source: Indian Police Journal, Conviction Rate: A reality check.
  • 8. Faster Justice System The CBI - Anti Corruption Branch, Sample Study Where we are Average Time taken for Appeal: 9 years, 11 months Appeals still pending: ! 66 (out of 111 appeals filed)! ! If accused was 35 years at the time of the case, he is already retired from service now! Yr 1 The Yr 8 Analysis Yr 20 Source: Indian Police Journal, Conviction Rate: A reality check.
  • 9. Faster Justice System Where can we be? Hence the Question:! ! How can the time taken in court cases be reduced from 15 years to 3 years? The Analysis Source: Vision Statement, October 24, 2009. Page 2
  • 10. Faster Justice System But why faster? Quality of Life depends on Faster Justice system Life destroyed if spent in prison! Extra judicial agencies sprout! ! ! ! ! ! ! ! ! 2 out of 3 incarcerated people in Indian jails are under trials. Even if truth prevails, a life is destroyed if months and years are spent in jail. When justice is not done in time, citizens take recourse to means like local dons and vigilante-ism. The Analysis Source: Prison Statistics in India 2012 – National Crime Record Bureau, Ministry of Home Affairs.
  • 11. Faster Justice System But why faster? Swift Judiciary important because … Laws rendered ineffectual! as deterrents, when convicted people are not seen to face consequences in time The Analysis Business impeded! because contracts are not enforced and lot of resources spent in solving disputes
  • 12. Faster Justice System 1) Impact of Adjournments! The Challenges Traditional role was for judge to respond to processes initiated by lawyers.! ! ! ! ! ! ! ! ! ! ! But over time this has meant that delays by using adjournments have become an oft, if not the most, used weapon of some lawyers. The Analysis Source: Vision Statement, October 24, 2009. Page 15
  • 13. Faster Justice System HOW to limit Adjournments 3 Solution Suggestions A commitment from judiciary on case end dates, and of disposing cases on first in, first out basis. 2 1 Setting time table for pre-determined events and making sure that case follows time table. The Analysis
  • 14. Faster Justice System HOW to limit Adjournments Solution Suggestions Limiting the number of adjournments per party. Penal interest and punitive damages for frivolous delays. Automation of standard processes. Identifying judges that give regular adjournments and counseling them. The Analysis Source: Vision Statement, October 24, 2009. Page 19
  • 15. Faster Justice System 2) Free-ing up the Judicial mind ! from routine and mundane tasks! The Challenges ! ! ! ! ! ! ! ! ! ! Apart from applying their mind on judicial matters, Judges carry out many mundane tasks like deciding hearing dates, checking serving of notices, affidavit filing, validity of adjournment requests, etc. The Analysis
  • 16. Faster Justice System HOW to best utilise Judges’ time Procedures such as notice serving / affidavit verification, etc. done by Court Managers Solution Suggestions Technology use to process and automate court processes Identifying and disposing fruitless cases. The Analysis
  • 17. Faster Justice System 3) Identifying and Improving the ! process for Bottleneck Laws! The Challenges ! ! ! ! ! ! ! ! ! ! The 80:20 rule applies in judiciary - Laws pertaining to murder, matrimony, dowry, cheque bouncing, prevention of corruption, traffic challans, motor accidents, quashing of criminal proceedings, etc. account for majority of backlog. The Analysis
  • 18. Faster Justice System HOW to speed Bottleneck Law trials? Solution Suggestions Setting up specific law courts! System to share updates! ! ! ! ! ! ! ! ! ! ! ! ! Judges and lawyers would be specially trained for relevant, specific Law for fast-track resolution of cases. Create a mechanism to identify changes in law and processes that would allow cases under these laws to be processed faster. The Analysis
  • 19. Faster Justice System The Challenges 4) How can the Government be made! Reluctant, and not Compulsive Litigator? Government and its agencies are pre-dominant litigants, but …! levying costs /fines /career penalties on officials and bureaucrats who initiate litigation - if government loses, could dramatically change this. The Analysis Note: The National Litigation policy recommendation this effect, should be rigorously implemented.
  • 20. Faster Justice System 5) How can appointment and training ! of Judges be streamlined?! The Challenges Many judge posts are vacant and need to be filled. ! ! Court Sanctioned Actual Vacancy % ! Supreme court 31 27 4 13% High courts 895 614 281 31% District and subordinate courts 18,050 14,432 3,618 20% ! ! ! ! Implement recommendation of Law Commission for creating All India Judicial Services The Analysis Source: Court News, Volume VII – Issues no. 4, October – December 2012, Supreme Court of India.
  • 21. Faster Justice System Finally, 1 more telling example! The Karnataka Lok Ayukta Experience! In Conclusion 2973! cases filed between 1995 and 2011! ! ! ! In 2012, 95% cases were under trial! ! ! ! And Convictions?! ! 16! Lok Pal at center, Lok Ayukta in states are a step ! to curb corruption but they lose their power if justice is not swift. The Analysis And even these 16 have option to appeal
  • 22. IN CONCLUSION! Please Ask your Lok Sabha candidate HOW can the time of judges be utilised in a better manner? Ho H ow w w w An w. In As d aly kH ia” sis ple ow o as In n F di ac e s a. eb ea or g ook rch ! HOW can the time taken ! for resolving court cases be reduced from 15 to 3 years? HOW can Government become a less prolific Litigator? sk “A for m or eA sk HOW can cases! pertaining to bottleneck! laws be resolved faster?