1. Manthan topic- Citizens' Appeal: Ensuring expeditious and timely
justice to all
JUSTICE DELAYED IS JUSTICE DENIED- SOLUTIONS
PROVIDING SPEEDY JUSTICE
Team Details:-
1- Abhilasha Khare,
2- Sukriti Singh,
3- Rushubh Lallan,
4- Manu V. John,
5- Rahul Tripathi.

2. Justice delayed is Justice denied. Delay in the delivery of justice
become almost proverbial and axiomatic. It is a chronic disease or
thorn in the flesh of the body judiciary. "It is a cancerous growth if
not operated in a primordial stage, would become fatal and resentful
malevolence in the entire judicial system. Accumulation of cases in
law courts have reached a stage which endangers the very existence
of judicial system. Unusual delay in disposal of cases has assumed
gigantic proportion. It has shattered the very confidence in litigating
public in the capacity of courts to redress their grievances and to
grant adequate and timely relief. The pendency of cases in the
Supreme Court has crossed the two hundred thousand mark, while
figures for High Courts is past 1.8 million.

3. It is reckoned that at the High Court level, the case filing rate has
been rising by 23% a year and disposal rate by just 14 % . One of the
earliest dowry death cases that hit the headlines was that of
Shashibala in 1979. Thirteen years later the case is still stuck in the
Sessions court of Shahdra. Shashibala's case is only an example out
of the myriad number of cases lying unattended in Courts, throughout
India. Even though the existing problem of judicial delay has been
addressed by Law Commission of lndia in various reports and there
have been various vocal attacks by jurists, the problem still remains
unaffected, unabated and unsolved.

4. MAIN REASONS FOR DELAY IN
PROVISION OF JUSTICE:-
 Defective legislations,
 Hasty and injudicious action by executive,
 Apathy to solve problems by negotiation,
 Frigidity in shouldering the responsibility,
 Inadequacy of judges,
 Lack of adequate training,
 Want of refresher courses for improving professional ability of judicial
officer,
 Lack of capacity to control proceedings,
 Absence of co-operation by legal profession and defective court
procedure,
 Want of collaboration on the part of litigating public,
 Lengthy procedure,
 Deviance in the legal field i.e., white collor crimes, corruption etc.

5. SOLUTIONS TO THE PROBLEM OF
DELAY IN JUSTICE:-
 Alternative dispute resolution mechanisms
 Lok adalats,
 Fast track courts,
 Mobile courts,
 Gram nyayalas,
 E-courts,
 Appointment of more judicial staff,
 Curb the problem of abuse of discretion,
 Main aim should be provision of justice and not
financial gain.

6. IMPLEMENTATION OF THE
MENTIONED SOLUTIONS:-
 ADR mechanisms like arbitration, mediation, conciliation, plea bargain
etc shall be resorted so that pressure on litigation is decreased,
 Lok adalats on a frequent basis shall be held so that cases in a large
number can be solved at a single time,
 Fast track courts are very much in demand after the Nirbhaya case.
These courts shall be set up for speeding up the court procedures,
 Gram nyaylayas at the village level shall be established to solve the
problems then and there itself,
 Mobile courts at different places shall be organized frequently to solve
the problems quickly without any burden of litigation,
 E-courts shall be set up to solve the disputes online via internet,
 The judicial system shall be strong enough to keep the check on deviance
in the legal field.

7. IMPACT OF THE SOLUTIONS
SUGGESTED:-
 Alternative dispute resolution has proved to
be a very effective sloution for getting speedy
justice. It is less time consuming and solves
the diputes in a healthy manner.
 Lok adalats are also important way to get
speedy justice as it deals with a large number
of cases at one time.
 Fast track courts aim at speedy trial of cases
which will help in early disposal of cases.

8. CHALLENGES TO THE
SOLUTIONS PROVIDED:-
 ADR mechanisms though very effective are not applied to the
fullest in our country. Many at times the affected people as
well as the judiciary both do not resort to these mechanisms
and adopt to solve the disputes through litigation only.
 Lok adalats are held frequently but decisions given in the lok
adalats are many at times not complied with.
 Setting up fast track courts is a good idea but the procedure for
its set up is a time taking procedure.
 E-courts are very affective solution but in India many places
and people do not have recourse to internet.
 Nyay panchayats at times proves to be ineffective and favours
the high caste and does injustice to lower castes.

9. CONCLUSION:-
On a concluding note we would like to say that the theory of
independence of justice shall be followed to the fullest in our
country. Justice takes the help of many factors but ultimately
achieving justice is the final object to be achieved. And with
the increase in the mindset of people speedy justice has
become the need of the hour. Adhering only to the traditional
litigation methods will not serve the purpose. In the recent
times many incidences have happened which demand for
expeditious and timely justice like:- Nirbhaya rape case,
Asaram bapu being alleged for sexual harassment, many
high profile scandals etc. all demand for speedy hearing as
the population in whole demands justice and that too
speedily.

10. It was Ajmal Kasab’s case which took years for its final disposal and
Nirbhaya rape case also took so much time and all this arouses the
anger of general public. All we want is justice and that too speedily
and to the fullest. The accused of such heinous offences shall be
punished without wasting too much time so that the victim gets
justice to the fullest.
The pressure on litigation shall be released by adopting various
alternatives as we have mentioned in the presentation earlier so that
expeditious and timely hearing of the cases can be done and the
main aim of achieving justice is achieved.
Though many challenges are also there in adopting the mentioned
solutions but some efforts will surely help in achieving the desired
abject.

11. APPENDIX:-
Books referred:-
 Law relating to
arbitration and
conciliation in
india- Dr
N.V.Paranjape.
 Public interest
litigation, legal aid
and services, lok
adalats and para-
legal services- Dr
N.V.Paranjape
Websites referred:-
 http://www.supremecourt.gov.
pk/ijc/Articles/9/1.pdf
 http://www.hcmadras.tn.nic.in
/jacademy/articles/ADR-
%20Justice%20SB%20Sinha.p
df
 http://www.criminalsolicitor.ne
t/forum/uploads/Gavin/GLink/2
006-07-21_075208_delivery-
simple-speedy.pdf
 http://www.lawfoundation.net.
au/ljf/site/articleIDs/012E9102
36879BAECA257060007D13E0/
$file/bkgr1.pdf
 http://www.redress.org/downl
oads/publications/WAITING_F
OR_JUSTICE_Mar%20O8%20F
in%20_2_.pdf