the-core-benchers

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the-core-benchers

  1. 1. GLANCE AT JUDICIARY SYSTEM OF INDIA . . . •Today The Indian Judiciary Is One Of The Most Powerful Judiciary In The World, Because There Is A Power Of Judicial Review. India Has Just 13 Judges For Every 10 Lakhs People As Against 35- 40 In Other Developing Nations And 50 In A Developed Country. •Alternate Dispute Resolution (ADR) Mechanism In The Country Has Worked Wonders To Bring Down The Backlog Of Cases. •19,000 Judges, Including 18,000 In Trial Courts, Are Dealing With A Pendency Of 3 Crore Cases, Resulting In A Civil Case Lasting For Nearly 15 Years And Giving Credence To The Adage "Justice Delayed Is Justice Denied“.The Union Government Spends Less Than 1% Of Its Planned Expenditure On The Judiciary.
  2. 2. STILL. . . •National Crime Records Bureau Indicated That 22,172 Women Reported Rape In 2010 (According To A Report On The Web Site Of The U.N. High Commissioner For Refugees). A Leading Newspaper, The Hindu, Put The Figures Slightly Lower, Noting That The Number Of Rape Reports Was Rising But The Number Of Convictions Declining. • In 2011, Over 2 Crore Cases Were Filed In The Judicial System, And 2.04 Crore Cases Were Disposed Off, i.e. Every Judge Disposed Off 1,372 Matters In A Span Of 12 Months And All Of Them Worked To Reduce The Pendency From 3.20 Crore Cases To 3.136 Crore, A Reduction Of Over 6 Lakhs. •The Committee On Empowerment Of Women In Its Report On 'Victims Of Sexual Abuse And Trafficking And Their Rehabilitation' Noted That India Has 18,000 Positions Of Judges At The Subordinate Judiciary Level But 3,000 Are Yet To Be Filled. There Is About 13 Judges For Every 1 Million Population. In The High Courts, There Are 895 Permanent Judges, Whereas The Actual Strength Is Less Than 700. •Department Of Justice Informed The Panel That Of The 18,000 Positions Of Judges, About 15,000 Are Presiding The Courts And There Is A Proposal To Add Another 15,000 Positions In The Next 5 Years Which Will Take The Number To 30,000.But The Committee Was Of The View That Even That Augmentation Of Resources Will Be Inadequate. It Said, "Even After Increasing The Strength Of Judges, The Judge-population Ratio In The Country Would Be Far Less Than The Ratio In Other Developed/Developing Countries.“ •For Instance, If India's Population Is About 1.5 Billion, That Means If Some 15 Crore Cases May Be Filed Into The Judicial System Each Year By Them, Then To Achieve A Ratio Of 50 Judges Per Million Population, At 1.5 Billion, India Will Need To Have 75,000 Judges.
  3. 3. CAUSES LEADING TO FAILURE. . . • Population Has Gone Up, Crimes Have Gone Up And Unemployment, So Many Factors Are There Which Have Led To Increase In The Cases Piling Up In The Courts. Lax Governance & Corruption As Well As the Incompetent Police Are Also Part Of The Problem. •The Problem Of Punctuality Of Judicial Officers In Subordinate Judiciary Is A Matter Of Concern. Extra-judicial Duties Performed By The Judges, Including The Supervision Of Local Body Elections, Referendums And General Elections, Prevented Them From Focusing On Processing The Backlog Of Cases. •All The Stakeholders Are Of Unanimous View That The Main Reason For Delay In Disposition Of The Cases Is Indiscriminate Adjournments And Extension At All Stages Of The trial In Both Civil As Well As Criminal Courts. •As India's Literacy Rate And Per Capita Income Increases, The Number Of New Cases Filed Per 1000 Population Is Likely To Increase From The Current Rate Of About 15 (Up From Around Three Cases Per Thousand Some Three Decades Ago) To About 75 Cases In The Next 3 Decades.
  4. 4. JUSTICE DELAYED. . . •In Civil Proceedings, Delays Mean Higher Costs, Adverse Impacts On The Enjoyment Of Rights And A Sense Of Frustration And Anxiety Due To The Uncertainty Of The Outcome Of The Case. •Delays May Also Result In Cases Being Time barred, Are Likely To Make Evidence More Difficult To Obtain And/Or Less Reliable To Use And Can Undermine Public Confidence In The System Of Justice As A Whole. •Delays Produce Invisible And Pernicious Though Not Necessarily Unintended Effects By Sending A Two Fold Message: 1. To Torture Survivors That It Is Not Worthwhile Pursuing Cases, Thereby Acting As A Powerful Inhibitor To Justice. 2. To Those Responsible For Torture That They Do Not Have To Fear Adverse Repercussions. •Delays Are Detrimental To Those Seeking Justice And The System Of Justice As A Whole. For Those Seeking Justice, Delays Can Mean Prolonged Detention And Drawn Out Criminal Trials. •This Can Jeopardise The Peaceful Resolution Of Disputes And Make People Seek Justice On Their Own Terms, And Can Lead To Violence.
  5. 5. CRIME AT ITS WORST. . . Baby Falak Trafficking Case- • Arrested,but Justice Awaited IPS Officer Killed By Mining Mafia In Madhya Pradesh- • Arrested,but Justice Awaited Ponty Chadha Shootout- • Delhi court has granted two months interim bail to an accused. • The prosecution said Ponty and Namdhari had conspired to take over the farmhouse from the possession of Hardeep.
  6. 6. MELIORISM - combat pending cases mechanisms. . . •Proper Disbursal Of Budget. A Budget and Planning System. •Provision Of Infrastructure As Per The Need Of Hour. A National Framework Committee For Court Infrastructure. •Increasing The Number Of Judges, And Fill Vacant Positions Of Judicial Officers. Human Resource Development System For Systematic Planning And Training. •Prioritizing And Division Of Cases. National System Of Judicial/Crimes Records And Statistics. •Time Bounding Of Cases. •A Time Limit Should Be Fixed For The Disposal Of Each Category Of Case And The Implementation Of The Scheme Must Be Ensured. •Civil Cases Must Be Disposed Off Within 8 Months, Rent Cases Within 5 Months, And Family Cases Within 4 Months. •Supreme Court Should Timely Check The Working Of These ‘Special Courts’. Judicial Monitering System – Its In Judiciary.
  7. 7. •Creating A Software With All Relevant Case Information Which Will Act As Self Propelling Tool Of Accountability At All Levels. •Due To Access To Information, The Whole Process Can Be Made Transparent And Self Governing. This Info Will Not Only Help The Accused And Victim To Have Updated Information On Their Cases But Also Citizens Being Aware Of The Progress Of The Case. Case Information Is Known To Everybody And Statistics Are Updated On Daily Basis. • Cases In Scrutiny Can Be Carefully Examined For Objections And Delays. • Case Filed/Instituted In A Day Should Be Known To All As Web Site Will Be Updated. Cases Should Be Indexed In Unique Order By A System So That They Are Accessible Anywhere. •Preparation Of Cause List Has Just Become A 10-15 Minutes Routine Job, As It Is Only A Click Away. It Is Mostly Marked At The Time Of Proceedings For Future Fixation. Finalized Cause List Can Be Printed Out Along With The Internet Which Will Be Updated For Counsels So That They Can Easily Access The Required Information. TECHNOLOGY- JUDICIARY ‘S SAVIOUR . . . !
  8. 8. AUGMENTING RECOMMENDATIONS. . . •Concept Of Jail Adalats : Jail Adalats Are Also A Form Of Plea-bargaining Where Petty Offenders Plead Guilty In Exchange Of Reduced Sentences. The Practice Of Jail Adalats Is Based On The Assumption That Innocent Prisoners Will Not Plead Guilty. These Adalats Would Be Extremely Unfair And Unjust, If They Were To Become A Mechanism To Induce Innocent Prisoners Into Pleading Guilty, Just To Avoid Long Periods Of Incarceration While Awaiting Trial. •Segregating Undertrial Prisoners From Those Who Have Already Been Convicted. •Expanding The Bail opportunities For Defendants Charged With Less Serious Crimes. •Maintaining The Continuity Of Criminal Cases From One Judge To Another When The Presiding Judge Is Transferred Mid-case (As Is Common In A Civil Service-based Judicial System) To A Different Court. •Promoting Greater Integrity By The Police While Concurrently Encouraging The Police To Accelerate The Investigation Process So That Cases Do Not Languish And Evidence Is Not Neglected From Being Collected. •Discontinuing The Frequent Judicial Practice Of Granting The Government. • Reality Check- POLICE: A Dedicated Investigating Agency Devoid Of Other Duties And Independent Of Executive Interference. •Commit A Sufficient Fixed Amount Of Finances In The Annual Budgets Set Aside For The effective Implementation Of Said Measures And To Keep A Check On The Process.
  9. 9. IMPACT OF IMPLICATION. . . • Performance Standards For Indian Courts, Addressing Issues Of Quality, Responsiveness And Timeliness Will Increase. • Incorporation Of It Will Enhance User Friendliness Of The Judicial System. • Quality, Timeliness And Efficiency Of The Judicial System Across Courts, Districts/States, Types Of Cases, Stages Of Cases, Costs Of Adjudication, Time Lines Of Cases, Productivity And Efficiency Of Courts, Use Of Budgets And Financial Resources – Will Be Monitored. • If Followed So,the 25 Judges Assigned Will Be Able To Clear 70% Of The Backlog Within 32 Months &Time On Processing The Backlog Of Cases. (In Karachi East In Thirteen Months, 40% Of The Backlog Was Cleared. The Number Of Pending Cases Was Reduced From 12,961 To 10,389 As On 1 January 2005.) • Global And National Experience Shows That The Number Of New Cases Filed Into A Judiciary System Increases With Literacy And Economic Wealth. • For Example ,Kerala With A Literacy Rate Of Over 90% Has Some 28 Cases Per 1000 Population As Against Some 4 Cases Per Thousand Population In Jharkand Which Has A Literacy Rate Of Some 53%. • This Increase In India’s Literacy Rate And Per Capita Income Will Increase The Number Of New Cases Filed Per 1000 Population From 15 To 75 In Next 3 Decades. To Achieve A Ratio Of 50 Judges Per Million Population At 1.5 Billion(in Coming 3 Decades), India Will Need 75000 Judges.
  10. 10. •There Is One Law For All, Namely, The Law Which Governs All Laws-The Law Of Our Creator-The Law Of Humanity, Justice, Equity‐ The Law Of Nature And Of Nations. •The Indian Judiciary Today Is Alive To The Shortcomings And ill Facing It, And In Order To Keep Pace With Time And Changed Scenario, The Implementation Of The Recommendations Is Necessitated. •It Is No Exaggeration To Say That The Lawyers Have Been At The Forefront In Every Democratic, Legal And Constitutional Movement. The Offenders Could Also Have Done What They Did To Draw The Attention Of Society To The Wounds Festering In Their Own Hearts. So, Justice Needs To Take Into Account Not Only The Culpability Of The Guilty But Also His Suffering. •Justice Is Not A Bargain Chip , It Is A Right Of The People, The Attempt Of Whose Retrieval Shouldn’t Have Occurred In The First Place. Justice Should Be Ensured To All , So When One Soul Suffers, Those Million Eyes Will Not Have To Shed Tears, Who Went Through The Same. And For A Country Which The Biggest democracy, That Which Belongs To The People Should Be Rendered, For They Won’t Question , Then , Our Very Existence. •Therefore The Objective Of Justice, In My Honest Opinion, Should Be To Heal The Wounds Created By Mindless Acts Of A Handful Of People Acting On An Irrational Philosophy/Ideology. •No Movement Can Achieve Its Objectives Without The Support, Confidence And Aspirations Of The Masses. •The Biggest Triumph Of Evil Is For Good Men To Do Nothing, So Lets Not Just Be The Viewer…. Lets Perform …. And Lets Bring Victory HOME!!! DENOUEMENT. . .

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