1. Manthan Topic:
Team Details
SHAHID KHAN,
T.V.S PRASAD,
DEEPTHI GREGORY,
CHARISHMA POTHULA,
AKHILA SHRIRAMSHETTY,
VIGNAN BHARATHI INSTITUTE OF TECHNOLOGY
HYDERABAD.
2. Problems Faced
Over three crore cases are pending in various courts across the country
Citizens are often unaware of their rights, or resigned, after so many negative
experiences, to their fate before a corrupt court.
Corruption in the judiciary goes beyond the bribing of judges. Court personnel are
paid off to slow down or speed up a trial, or to make a complaint go away.
On 12 January 2012, a Supreme Court bench said that people's faith in judiciary
was decreasing at an alarming rate, posing a grave threat to constitutional and
democratic governance of the country.
Delhi High Court has a backlog of 466 years according to its chief justice.
Large number of vacancies in trial courts,
Govt. of India accepts that there is 40% shortage of judicial staff
Unwillingness of lawyers to become judges
Advocates do not want any case to be decided in 1 or 2 hearing because
adjournment in the cases gives appearance fee to them and advocates love the
fees for appearance only .
According to Transparency International, judicial corruption in India is attributable
to factors such as "delays in the disposal of cases, shortage of judges and complex
procedures, all of which are exacerbated by a preponderance of new laws".
Existing courts do not have the needed infrastructure.
The judiciary is still to acquire information and communication technology (ICT)
support systems to modernize processes,
3. Flaws in the judicial system according to the government.
The present process of appointment of judges has not proved to be adequate and
there was a need to relook and revisit the entire judicial system.
As it is common experience that advocates do not want any case to be decided in 1 or 2 hearing
because adjournment in the cases gives appearance fee to them and advocates love the fees for
appearance only .
If our judicial system will become strong political class will be most affected
If more and more court cases are piled, what will become of the judges. In such circumstances,
most of the cases will be decided unfairly in a haste
Why don't the judicial system of India follow the systems adopted in the western countries, by
appointing more arbitrators, appointing people's court wherein most of the cases are decided within
few hours
According to the World Bank, "although India's courts are notoriously inefficient, they at least
comprise a functioning independent judiciary“’
Corruption in the judiciary goes beyond the bribing of judges. Court personnel are paid off to slow
down or speed up a trial, or to make a complaint go away.
Judges are also subject to pressure from above, with legislators or the executive using their power to
influence the judiciary, starting with skewed appointment processes.
Court efficiency is also crucial, as a serious backlog of cases creates opportunities for demanding
unscheduled payments to fast-track a case.
4. Solutions
Parallel hearings: In a high court we will have multiple teams of judges ,hearing
cases in parallel. This will help us to solve more number of cases per day so that in a
very short period we will be able to clear the pending cases.
For the new cases being filled they will be dealt by one team of judges which will
take care that from now onwards there are no more pending.
Extending court hours and making courts working 24/7.Work in shifts .
Making the use of ecommerce to file cases and to update them regularly.This will
reduce the paper work and will cut short the time.
Creating an analytic software which will tell us ,based on the previous data that
what punishment was given to a person with similar crime in the past .so this will
make people more conscious about what the possible results could be.
Creating an awareness programs where people are made aware of laws which come
handy in day to day life using the student community
A core committee which monitors the amount of corruption in the courts and
workflow.
Each case in the court is recorded and put on the internet so the people can check
the decisions made in the court .this will make judges cautious about their judgment
5. Opening of more courts entail huge financial and administrative burden. The solution
lies in using efficiently the current resources of men, money and infrastructure,
coupled with gainful utilization of the services of about 17 lakh Advocates
Plea-bargain' be simplified permitting the accused to negotiate with the District
Attorney directly to compensate the victim in lieu of less jail time.
There should be only Compoundable and Non-Compoundable cases. Compoundable
with permission of the court be deleted
H.C. & Govt. need to prepare lists of competent Advocates to work on need basis As
Judges and Prosecutors, to clear the backlog and speedy disposal in the future.
Qualified Financial Administrator should be appointed to minimise expenses, Collect
funds, fines, costs and forfeitures.
Skilled Court staff be employed on contract basis to reduce after retirement Financial
burden and to improve working of court quality and quantity wise. 6 Qualified Court
Administrator should be entrusted with the general working Of the Court system,
leaving the Judges to concentrate 100% in deciding cases. Judges only to decide the
cases.
Judges must strictly enforce provisions relating to fines, forfeitures, and costs.
Private Bail bond agencies be authorised to furnish bail/surety bonds for release Of
the detainee without the need to get it again authenticated by the Court.
6. Probation Officer may assist the Court in sentencing and in its execution.
Reformation Centers be opened to help the convict to avoid jail by doing Community
service and pay for attending good behavior classes.
Absconder Apprehension Agencies be opened to arrest the absconders on Commission
basis. This will reduce the burden on the Court and the Police. 13 Rehabilitation Centers
be opened to take care of the victim of the crime.
Private Security Agencies be hired to take care of courts' security system.
Private Service Agencies be permitted to serve summons/orders of the Court.
Private Secretarial Agencies be permitted to record evidence out side Court.
Private Employment Agencies be permitted to supply skilled temporary staff.
Continuous training programmes be introduced to keep knowledge updated.
Court and Case management systems be made efficient and effective.
Para-Legal Schools be permitted to train the employees working in the courts.
7. Implementation
Hiring new/retired judges and creating new infrastructure in the existing courts .so
that parallel hearing can be done.
A scheme which promotes overtime ,its like more time you work the more you get
paid.
Advocates must be given only 3-4 hearing to finish there case in a time slot
manner.
Updating the existing ecommerce sites and data ,the sites are dull and are not
user friendly
Creating an analytic software which will predict the mock judgment of the cases
Making it mandatory for the undergraduate colleges and university to do atleast
one awareness program every year .
Creating of core committee which consist of retired judicial personalties with
honest and clean back grounds.
Creating a video recording facility in each and every court so the cases are put
online after the hearing .
Funding must be done by the private communities under their “corporate social
responsibility scheme”
8. Impact of the solution
It will guide us to solve the 3 crore pending cases in the courts.
It will make the judicial system to be..
Fast
Reduce the rate of crime.
Corruption free
Create awareness in the people
Providing employment to the unemployed youth
Improving the infrastructure of the judicial system
Creating belief in judicial system.
Better work culture.
9. Challenges and Mitigation Factors
Hiring experienced and well qualified judges
and work staff.
Creating the data analytic software .
Training the judges and the advocates to get
used to the new changes.
Political parties must understand the need for
a change in judicial system.
