Disputes: We need speedy resolution

In any democratic system when people are denied relief from governments, even after pursuing their demands, moving from pillar to post, the ultimate hope left is Judicial intervention. People turn to lower courts, high courts with a firm belief that their grievances will not only be heard but addressed as well. Unfortunately, there are lacs of people across the country who finally fail to get timely relief.

The Constitution of India guarantees equal rights for all citizens without any discrimination of color, creed, region or religion. The issue with the system is that there is no time frame set for disposal of cases. The judgments/orders gets delayed because of a number of factors. While ordinary citizens from low income group fail to secure bail during court hours, it has been reported that some succeed in getting it. Such contrast erodes public trust in the system.

Analyst believe that judiciary in India is the backbone of our democratic system, and any weakness in its systems can have long term repercussions, not only on the justice delivery mechanism, but the overall democratic culture. The other hurdle in disposal of cases in different courts of India is the surge in the number of cases. There are six crore pending cases in India and the numbers are adding daily. For minor disputes litigants have to wait for years to get a resolution. In this process, thousand of litigants passed away during their wait while others abandoned their genuine cases after losing hope. Poor & destitute litigants even are selling their personal belongings for legal expenses, and even then fail to get timely justice. The pendency in courts reflects a systemic failure, leaving litigants frustrated and clamouring for alternative dispute–resolution mechanism.

There is a strong public voice that like other departments judiciary too should be accountable for speedy disposal of cases. Allegations of corruption and favoritism have surfaced from time to time. A case in point may be the example of the national capital Delhi, where huge sums of cash were recovered from a High Court judge’s residence, even as he continued to enjoy legal immunity.

A student perusing his degree asked, if there are strict laws for officials working in government departments who are found guilty like embezzlement, favoritism & are being dealt as per law but the same law makes it impossible to hold judges accountable!

Justice delayed is Justice denied, reflects the present state of India’s judiciary said Advocate Nadeem Qadri a noted environmental lawyer from Jammu and Kashmir. We all are aware that there are crores of cases pending in courts across the country, almost impossible to dispose off them within stipulated period of time.So, a robust mechanism and sincere efforts from judicial system are urgently needed. A strict timeline must be established to come over this pendency. The Constitutional vision of justice for all will remain unfulfilled, till we have an efficient judicial system in place that is equipped with all the necessary human and material resource. For prompt disposal of matters, certain suggestions can be put forward.are to be followed.

1. Strict deadlines introduced for different categories of cases.
2. Judicial accountability to maintain sanctity of judicial system
3. Fill the vacancy of judges in different courts
4. Arbitration, mediation, alternate dispute resolution, & Lok Adalats should be made more effective
5. E-court system further strengthened for poor litigants.

Indian Judiciary system is most powerful in the world; there are upright and dedicated judges who served the judiciary and left their mark.

For a strong system, reforms are imperative & not optional. Only a time bound, transparent & accountable judicial system can restore the faith among the people and uphold the constitutional promise of equality and justice for all.

Author is senior journalist, and a human rights activist