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  • SAMANVAY- an initiative by the students of HNLU has prepared a presentation cum a proposed for model for the coming elections of 2014 i.e. - 'Ensuring expeditious & timely justice to all'. Just by a single click u can vote for this model.
    http://indiancag.org/manthan/entry/samanvaya
    We believe that the model proposed by Samanvay Team has successfully presented & justified the idea to ensure sxpeditious Justice to the citizens specially poor and vulnerable people.
    Support the cause & spread this model for the betterment of the system.
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  • 1. Team- SAMANVAY Hidayatullah National Law University New Raipur, Chhattisgarh, 493661 INDIA Citizens Appeal: Ensuring Expeditious and Timely Justice to All Samanvay stands for symbiosis, it is a symbiosis of a poor man’s unsolved problems and the diligent research and enthusiasm of a budding lawyer.
  • 2. Grassroots Level Objectives- to empower the village level authorities to make them self-efficient, to improve the outreach and quality of legal services with a view to bring justice closer to those who are vulnerable. Awareness Programme Legal Aid/ training camps legal aid cell by paralegal volunteers Strengthening education system Administrative level Objectives- To check the arrears and loopholes in the administrative system , merely having progressive laws does not ensure access to justice for the poor and vulnerable people, implementation and supervision is needed Appointment of Judges Additional courts/ benches E-Courts Court Management Empowerment of the people Administrative Level Positive changes in the system Grass root level Ensuring expeditious & timely justice to citizens from every corner of the nation “Trained human resources are the key to the success of reform initiatives”
  • 3. • Awareness program on relevant issues should be organized. Awareness Programme • Legal aid and legal training camps for layman to actively participate in legal procedure. Legal aid/training camps • Train paralegal volunteers to provide services at low nominal expenditure. Legal aid cell run by trained paralegal volunteers • Providing free coaching/ tution classes to poor kids • Career counseling Strengthen the education system Grass roots Action plan •Long term effective plan •By creatingawareness •Free legal aid & training camps •Educatingfor a better tomorrow Vision of Self Governance •Filling the gap between vulnerable people & the system •Bettercoordination among the team & easily approachable People’s Empowerment •Develop self efficiency •Creating self help societies in the villages •Aware of their rights & entitlements Justice to all •Expeditious & timely justice •Pre-litigation method resolves the dispute •No need to approach the court •Awareness & knowledge among the marginalized communities/ villages •To reach out to the under-privileged •Training paralegals to assist marginalized people in accessing justice •To take Law and its benefits to such levels who are unattended by governmental authority •Aid & advice by the trained and educated people within the society •creating legal aid clinics below the sub-district level for a group of villages •Access to dispute redressal mechanisms by legal aid cell •To resolve disputes by pre-litigation method like ADR Functioning of proposed model
  • 4. Consequences of delay in delivering justice Lacunae in the system Required implementation Justice delayed is justice denied Political interferences Proactive & independent judiciary Wastes 2% of the GDP Lack of transparency & corruption Transparency 3.5 crores cases are still pending Average disposition time of a case is 15 years Rapidly disposition of court cases Long wait for justice exponentially increases the cost of access 354.68 million out of 1.2 billion people living below poverty line, illiteracy rate of 25.96% To empower stakeholders such as investigating agencies Long duration of trials leads excessive cases- burden on court Govt. spends less than 1% of its plan expenditure on the judiciary Appointment of Judges 14 judges per 10 lakh people- lowest ratio in the world Reduce the long term winter & summer vacations A person’s access to justice is guaranteed fundamental right under Article 21 only a small percentage of the population actually utilize the judicial institutions Additional courts/ tribunals for special cases, fast track courts, regular hearings Long delay in justice violates rule of law Courts are financially dependent on Govt. Adjustment & rotation of judges Lack of professional ethics Social, economic & political empowerment of villages is the key to the development of the nation- Mahatma Gandhi
  • 5. • The right to time-bound service by the State agencies to the citizens. Just like speedy trials for grievous cases like rape incidents, corruption etc. so that the unnecessary cases can be prevented. • Citizens must be granted with right to time bound services so that no. of civil cases filed in the courts will be minimized. Right to time-bound services service by the State agencies to the citizens. • Appointment of more judges to reduce the burden of cases on the court. Judicial Congestion • Legal education reforms- training to lawyers and Judges • Responsibility lies on the judges and the lawyers to speed up the court proceedings. Training and performance management • Staffing & Recruitments for delegation of work • Bridging the demand & Supply Focus on Human Resources Development • Identification & removal of Bottlenecks • Categorization and Clubbing of Cases • Judicial Management & case management Re-engineer procedure • Create a National Arrears Grid/Database • Integration of the ICT E-Courts + Information & communication Technology
  • 6. Unique Identity Card Introduction of the UID into the system would thus do away with the unnecessary formalities of certain documents and would save a lot of time there. Verification through the use of UID Cards could be done in a very cost effective way. Further it can also be said that usage of the UID would also prove to be a very robust way of elimination of duplicate and fake identities. But the suggestion here could be for a more informative database to be maintained for an individual under the UID card as they would be immensely helpful to keep a track on the person’s transactions. UID Card Medical history Social activity and traveling check-in Each billing/ transaction s record Govt. subsidies Unique identity should be provided to every citizen like US/UK Govt. that keeps the database of each and every activity of a citizens it will keep all the records of transactions made at any place example hospitals, banks etc. each transactions will be done by unique identification no. this will help the court to access information about any citizen immediately without approaching him through traditional ways. Basic Identity Proof: The Unique Identity cards would act as the basic and the simplest identity proof with all the details of an individual mentioned on the card. Instead of providing for several documents like address proofs and identity proofs, providing it would suffice. It would undoubtedly prove as an instant gateway into the legal, in general and to certain extent social domain of a citizen, certainly “The Most Dependable Identity” and needless to mention, it would be the most valid government document. Ensures Universality: The UID Card provides an individual with universality and he would be identified anywhere, throughout the country. Prevents Cheating and Duplicity: The UID Card provides each individual with a unique identification number, which is provided by a system that is wholly computerized and centralized. This eliminates the problem of cheating and duplicity.
  • 7. •Equipping them with various subjects of law, developments in the field and new landmarks and initiating various workshops should find a place in the agenda. •The aim of achieving reduction in arrears also requires orientation at various levels. •Such programmes must be clearly formulated and structured in consultation with the Bar Councils Initiation of programmes for training of Lawyers and Judges •Quick disposal as well as setting and achieving goals would encourage both Judges and lawyers. •Lawyers, instead of dragging cases and nagging for dates and make money in this process, instead should pacify the process. •The faster they get it adjudicated ,the better for the system Responsibility lies on the judges and the lawyers to speed up the court proceedings •Staffing & Recruitments for delegation of work •Staffing and delegation of work forms a pivotal aspect. It should be sincerely dealt with. •Dearth of Judges and the other Judicial officers as well. •The combined sanctioned judge strength -High Courts - 886 Judges, the actual working strength -652 Judges. •In the Supreme Court -7 vacancies out of a total sanctioned strength of 31 judges. Around 2,998 vacancies exist among 16,721 judicial posts in District and subordinate Courts •Due to the backlog in filling up of vacancies- number of pending cases has increased and even urgent petitions take several years. Focus on Human Resources Development Bridging the demand & Supply •The problem of arrears can be doctored by appointment of retired judges as Ad-hoc judges for a period of one year. While Retired District and Sessions Judges could be inducted •Eminent as well as competent lawyers who are dedicated toward service and satisfy existing criteria of legal acumen and integrity shall be selected. Identification & removal of Bottlenecks is a pivotal concern •Categorization and Clubbing of Cases Judicial Management & case management could be a great option E-Courts + Information & communication Technology •Creation of a National Arrears Grid Database is a very important thing •The Government of India should undertake projects and initiatives in relation to e-courts, which aim in speedy and expeditious justice to all
  • 8. • Achieving an early settlement of the case or issues in the case where this is practical encourages cooperation between the parties. COURT MANAGEMENT Sec. 10: Stay of suits, Sec. 10: Res- Judicata, Sec. 21: Objections to jurisdiction, These provisions must be exercised at the first instance or the earliest opportunity There is need to make sec. 89 i.e. settlement of dispute out of courts, mandatory provision if parties not ready for its compliance then give reasons for that. Court must shift to electronic media for example e-mail and mobile numbers etc. for the delivery of summons. In enquiries related to financial status , salaries of parties the court should acquire more faster by the use of technology and in future the unique identity database could keep all information of the parties that will be directly accessible to the courts. In maintenance orders directions should be given to deduct amount directly from the party’s accounts regularly every month or year. Civil Court Family court In India, Criminal law (Amendment) Act, 2005 introduced the Chapter XXIA on Plea Bargaining in the code of criminal Procedure, 1973. Plea bargaining is quickly arising as an alternative to the existing legal measures for providing a cheaper and expeditious trial. At the same time there are practical difficulties existing in its working. Plea Bargaining involves an active negotiation process whereby offender is allowed to confess his guilt in court if he so desires in exchange of lighter punishment that would have been fixed for such offence. For accused it would be advantageous as getting out of jail, resolving the matter quickly, having fewer or less serious offences on one's record, avoiding hassles of finding a good lawyer for preparing for trial, avoiding publicity etc would be there. For Judges this provision would be really beneficial as it would help them manage cases The provision for Plea Bargaining is enshrined in Sec 265 A & B of Criminal Procedure Code. Criminal court
  • 9. How to reduce the burden of excessive cases on the courts…? 14 judges per 10 lakh people- lowest ratio in the world 3.5 crores cases are still pending No. of cases increasing with the population Administrative policies are needed to initiate new methods & system overall by the government in the manner to shape a nation by providing justice to all Appointment of Judges, staffing & recruiting management experts E- courts, court management reforms, categorization & clubbing of similar cases Reforms in legal education system to attract enthusiastic youth Professional courses should be modified in a way to attract professional students for litigation and civil services exams To open scope for the younger generation in Indian legal system & politics with encouragement Creating awareness among the people about their rights & duties Awareness programme on relevant issues, Legal aid & advice, alternate dispute resolution Most of the disputes can be settled by the village panchayat & legal aid cell W A Y to J U S T I C E Expeditious & timely justice can not be done instantly unless effective utilization of available infrastructure is done. By adopting various mechanism provided here like ADR, E-courts, Court Managements, Legal Aid Cell in the villages, the country will achieve JUSTICE.
  • 10. Thank You JAI HIND, JAI BHARAT As a group of young individuals, we believe in being the change we want to see in the world. Samanvay is our little contribution to this change. Through the model programme that we initiate and organize, we hope to touch the lives of people. We understand the importance of building dreams on a strong foundation. Hence, we are the young students by day and teachers by the evening. We know the need to take the law to those who are unaware of it but need it the most. So, we have awareness programme, legal aid camps, free teaching classes for poor kids etc. We also believe in reaching out and spreading our message to the society through public events like nukkadnataks and cultural evenings with those who form part of the society closest to where we live.