This document discusses flaws in the Indian judicial system and proposes solutions. It notes that there are over 3.5 crore pending cases, a low judge to population ratio, and average case disposition time of 15 years. To address this, it proposes training village leaders to handle small cases, focusing higher courts on important cases. It also suggests enforcing strong rape laws as in other countries to deter criminals. Overall, it argues that judicial independence, reducing delays, and addressing vacancies are needed for effective justice delivery.

1. FLAWS IN INDIAN
LAWS
&
SOLUTION TO SOLVE FLAWS
SUBMITTED BY :-
 ABHISHEK ARYA
 ANMOL ARNEJA
 KUNAL GUPTA
 PARTH SHARMA
 SHREYAS JUYAL

2. FACTS ABOUT INDIAN
JUDICIARY
• 3.5 CRORE CASES ARE PENDING ACROSS COURTS IN THE COUNTRY.
• INDIA’S JUDGE TO POPULATION RATIO (14 JUDGES PER 10 LAKH PEOPLE) IS THE LOWEST IN
THE WORLD; WHEREAS THE AVERAGE IN DEVELOPING COUNTRIES IS ROUGHLY 40 JUDGES
PER 10 LAKH PEOPLE.
• NUMBER OF VACANCIES IN THE JUDICIARY AS OF JANUARY 2013 IS AT 3,000.
• AVERAGE DISPOSITION TIME OF A CASE IS 15 YEARS.
• THE UNION GOVERNMENT SPENDS LESS THAN 1% OF ITS PLAN EXPENDITURE ON THE
JUDICIARY.

3. Vital Stats: Pendency of Cases in the Indian Courts
The UPA 100 day program includes a road-map for judicial reform. Recently, at the Conference of Chief Justices and
Chief Ministers, both the Prime Minister and the Chief Justice of India talked about the need to ensure speedy justice. In
this note, we examine the track record of Indian Judiciary and benchmark its strength against other developed economies.
Number of pending cases across Indian Courts has been increasing
Pendency of Cases As of July 2009, 53000 cases are pending with the
Supreme Court, 40 lakh with High Courts and 2.7
crore with Lower Courts. This is an increase of 139%
for the Supreme Court, 46% for High Courts and 32%
for Lower Courts from their pendency numbers in
January 2000.
In 2003, 25% of pending cases with High Courts had
remained unresolved for more than 10 years
.
In 2006, 70% of all prisoners in Indian Jails were
under trials.

4. As fresh cases outnumber those being resolved
Since fresh cases exceed the number of cases getting resolved, this
leads to an increase in pendency.
Interestingly, the number of cases that are resolved each
year has increased substantially over the last decade.
However, this has not kept pace with the increase in fresh filings.
In 2008, Lower Courts settled 1.54 crore cases as compared to 1.24
crore in 1999, an increase of 30 lakh. However, 1.64 fresh cases were
filed in 2008, 37 lakh higher than the 1.27 crore figure for 1999.1
Overtime equivalent to 9 months would be needed to clear the backlog in Supreme Court
Assuming there are no fresh cases and no increase in
judge strength, it would take 9 months for the Supreme
Court to clear all pending cases.
On average, High Courts would need about 2 years and
7 months, and Lower Courts about 1 year and 9 months.
However, this figure would vary within High Courts
(and Lower Courts). Allahabad HC, for example, would
need about 6 years to clear its backlog while Sikkim HC
would need 1 year and 2 months.
Estimate of effort (time) required to clear backlog

5. Clearing of backlog is unlikely till existing vacancies are filled up
High vacancy in courts and low judges-to-population ratio are the
two main reasons usually cited to explain high pendency of cases.
Currently, 23% of sanctioned strength of the Supreme Court is
vacant. The corresponding figure for High Courts is 26%, and for
Lower Courts it is 18%.
Among large High Courts, vacant positions in Allahabad HC
amount to 45%, followed by 32% in Punjab and Haryana HC.
And the overall strength of the Judiciary increased
India’s judges-to-population ratio is significantly lower than
developed economies.
In 1987, the Law Commission noted the low Indian ratio of 10.5
judges per million people and recommended increasing it to 50
with immediate effect and to over 100 by 2000.
This recommendation was reiterated by a Parliamentary Standing
Committee in February 2002.
India’s current judge-to-population ratio stands at approx. 12.5
judges per million people8, compared to 104 for the US (1999).

6. Possible solution to solve this problem
When we got small disease what we do….?
We go to nearby doctor and get it treated,
If it is big disease than we go to good doctor,
If it is serious problem than we go to best hospital.
Today 70 % Indian population live in rural area
We can teach the Sarpanch of Village Panchayat at a level so that can solve small the small problem at there
level
And than the important case only go to District court, High court and Supreme court
So that there will be efficient use of court resources in taking important decision

7. 31st July - Sunjay Dutt got sentenced for 6 years
1st August - Maudhany was acquitted
Let us compare the two cases. Maudhany was acquitted after a long term of 9 years in jail without getting a bail. But
Sanjay Dutt had to stay in jail only for one and half years. For the rest twelve and half years, he was out of the jail
gaining a bail.
That is, in India an innocent person had to stay in jail for nine years. But a guilty person was bailed for 12 years. The
way the courts reacted in both the cases is shameful for the Indian judiciary.
And what about the families of those persons who lost their loved ones
because of the carelessness of our so called celebrities…?
These two dates hold importance in the history of our Judicial System, as they remind us of the “strict judicial laws”
which were present when our country was ruled by the British. But a lot of questions were raised, is this the end?
Will there be day when the innocent and common man of India sit back and relax and all the criminals will be punished
no matter how strong they are politically or financially...?
Will there be the day when India will will be actual independent…?
Will there be the day when we can say that right to equality is actual follow….?
Right to equality…….?

8. Another horrific case that the whole world remembers is of 16th December 2012.
A 23 year old girl with a male friend, on her way back to home after watching a movie in Saket
boards a chartered bus coming from Munirka. Her only fault was to board that bus.
But what about the people sitting inside that bus, pretending to be passengers. The 6 men, including
a minor were a horrific lot of lusty people who had the sole aim of gang raping that girl.
This case, due to it’s limelight and the anger of the people of her city, raised an alarm to control and
convict such people. But no one had an idea, that this was of no use.
Delhi gang rape case

9. So, Another "Gang Rape"
And Yet another Girl suffering from "Internal Setback" !!
And Yet another "Nation Outrage" !!
And Yet another "Weak Law"
And Yet another "Dirty politics"
This Incident revived the "16th December" Heinous Crime
"Despicable! We are shamed!
How long & God forbid,
How many more before the criminals are punished?
""Wake up, India!""
*For how long can we be muted spectators to such crimes against women ??
8 months later another 22 year old
journalist was gang raped in Mumbai.

10. Why are these rapists not afraid of getting punished? Why do we still hear that every 20 minute a rape happens
in India?
Our law seriously needs to answer these questions.
In other countries, rape is a very serious crime and the culprit is punished irrespective of the age of the culprit.
Here is the example of France.
Rape is punished by a maximum of twenty years' criminal imprisonment in certain aggravating factors (including
victim under age of 15).
Rape is punished by a maximum of thirty years' criminal imprisonment where it caused the death of the victim.
Rape is punished by a maximum of imprisonment for life when it is preceded, accompanied or followed by torture or
acts of barbarity.
In the same way we have example of Arab countries which have a man dominating society but although there law are so
strict that people there does not think of raping a female
Same way we can enforce strong laws to our judicial system so that people here also don’t think of coming such a
hilarious crime.
We get to know of the rape cases which are reported, or in which media gets involved. But we still have dozens
of unreported rape cases.

11. • In short the judicial institution must be protected, strengthened and streamlined right from the lowest level if we
want to preserve the rule of the law and the democratic basis of our polity.
• Court has to perform a very important duty to decide whether a particular law or an executive order is valid or not.
• This matter also underscores the importance of the independence of the courts. Once the independence of the
judiciary is undermined and we have in the seats of justice persons with pliable conscience and subservient to the
wishes of the political wing of the State.
• The first casualty would necessarily be the supremacy of the Constitution. It may pave the way to Constitutional
anarchy and legal chaos.
• Independence of the judiciary is also linked with human rights and civil liberties. Rights and liberties would be
reduced to the level of no more than ornamental show-pieces in the constitution unless they are enforced in the
true spirit by the courts.
CONCLUSION

12. • Independence of the judiciary is an indispensable condition for keeping alive the rights of the citizens. The real test of
the independence of the judiciary arises when times are abnormal or judicial process is used to achieve political
objectives. At such times judiciary is itself on trial.
• Another direction in which the judiciary faces threat is from within. If the Indian judiciary is to enjoy the confidence of
the people, it could be achieved only by dedicated and conscientious work.
• Delay in disposal of cases by the courts frustrates the purpose of justice the judiciary is facing the threat of mounting
arrears and long delays.
• The system can yield results only if we abide by the norms of the system. Delay causes dismay, and creates
disillusionment in, all those who knock at the doors of the courts.
• As things stand, a sense of despair is inevitable in any individual unfortunate enough to be entangled in litigation. There
is little sense in having a judicial system which finally delivers an uncertain justice after twenty-five or thirty years in
most cases.

13. REFERENCES
• Facts about Indian judiciary from http://www.indiancag.org/manthan/research-documents/ensuring-
expeditious-justice.pdf
• Vital stats from http://www.judicialreforms.org/resources-a-articles/163-vital-stats-pendency-of-cases-in-
indian-courts.html
• Info about Sunjay & maudhany from http://indianjudiciary-problems.blogspot.in/
• Info about Delhi gang rape from http://indianjudiciary-problems.blogspot.in/
• (So, Another "Gang Rape" ) poem by https://www.facebook.com/noor.khandpur Noor khandpur (Gourav)