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  • Category: Miscellaneous

    When will the judicial system improve ?

    In our country, justice gets done in time, it happens in very few cases. As many people reach the courts in search of justice, waiting for years becomes their destiny. But even more sad is that after waiting for many years, when these cases are settled, then the decision is rarely in favor of the victim. On an average, in 55 to 60 percent of the cases, the accused are acquitted. This percentage is even higher in rape cases and many accused in cyber crimes escape. Despite this, the trust of the common people in the Indian judiciary is more than any other government system. But if this system is not reformed, then how long will this belief remain, it is difficult to say. It is very important to make the country's judicial system more strong.
  • #710848
    There are many flaws in the judicial system and that can be listed here for discussions. While the cases are piling up daily at the local courts, district courts, High courts and Supreme courts, the courts are functioning with the same staff and same lawyers and judges without increasing their presence case wise. That means cases are more and the judges cannot attend the cases fast for the want of proof and authenticity and many cases the A1 is absconding and others are just visiting the courts for the dates and postponement of hearing. Though the Lok Adalats were held regularly to clear the peding cases, even in that case the police are not cooperating to in bringing the real culprits to book and therefore the cases are persisting for no reason and on an average a case spreads over the period of 15 to 20 years.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #710874
    One thing we see in India is cases are finalised very late. It will take years to get the final verdict of the court. I know cases lying in the courts for more than 12 years. The reason may be more number of cases and fewer courts and less working days. If you stand in a court for one day and observe the proceedings, you will get astonished. every case will get postponed only. I doubt at least one case a day will be finalised. Fast track courts are very important. The culprits should get the punishment at the earliest. Then only people will have fear and stop committing mistakes. If the police are given some powers to punish the culprits, the system may become better and many cases will settle there itself. But it is not possible in our country as ours is an independent democratic country. Anyhow, the Indian judiciary system requires a lot of reformation. But where are the sincere governance in India to do that?
    always confident

  • #710938
    We have discussed this issue in past many times but there was always a sad note at the end of the discussions that it is not going to improve so soon as many of us expect. There are many reasons for that. Some of the conspicuous ones are high population of people in the country leading to a large number of cases, apparent less number of judges, short timings of courts remaining open, and many such more which have hampered the efficiency in the system. When we have more workload in a factory we employ people in 2 or 3 shifts round the day. Here we are not able to apply that even making it to 2 shifts. Of course more judges would required to be hired for that. Then decision making is very slow and for one case it takes years to conclude it. All these points force us to think that improvement is a thing of distant dream in the judiciary. May be it required more computerisation and more number of courts to cope up with the workload. Whatever it is the situation is quite grim and is of great concern.

    Another issue is punishing the culprits. There also we have failed miserably as many times the clever and intelligent lawyers get them clean out of the court and then they roam in the society to do more offences.

    Knowledge is power.

  • #710952
    Our judicious system has been ineffective because of shortage of judges handling the cases and the cases are piling up because of the surge of the population. Hence hearing of cases are delayed due to twin factors- shortage of judges and unmanageable cases in the courts. Hearing date will further be extended for the reasons best known to staffs working over there. Hence a single case relating to property dispute may take years ranging from fifteen to twenty years in the normal circumstances. It may so happen that either of the parties may die during the process of hearing and in that way, judgement becomes meaningless in majority of cases.
    In the past we have seen how effectively the gram panchayats were working towards the redressing the cases with the active participation of village members. Hardly one or two sittings was enough to settle the dispute. Villagers had the faith in such a system and in relation to time, it saved substantial timing. Unfortunately, we have lost our belief in such a system and we are ourselves lingering the judgement.

  • #710953
    I would like to remind all that the fabric of our democracy is still going strong only because of the power of our Judiciary. Well, that may not be the point of discussion here but I just wanted to convey that our judicial system is not at all weak as perceived by many. There can be flaws or occasional errors but to say that the system is at fault is not acceptable.

    While I agree that there are cases pending before the courts for a long time due to lack of a sufficient number of Courts and Judges, let it be clear that most of the delay in finalisation of cases is not due to the fault of the Judiciary. A court decides a case based upon the merits of the evidence (oral, documentary, circumstantial and so on) that is brought before it. It can never base a decision on extraneous considerations. Evidence is of utmost importance.

    Most of the criminal cases that are adjudicated in the lower courts go on for a long time due to different reasons like non-appearance of the complainant or the witnesses, pending enquiries, non-production of documents or material evidence and so on. And also, as I said in this thread, there are some lawyers who run after money and take advantage of the situation to drag the on the case for a long time but then their numbers are countable. Civil cases involving property is more complicated due to lack of proper documents and red-tapism in related departments.

    So, what I mean to say is that, in contrast to the existing notions, the delay in finalization of cases is more often due to the lackadaisical attitude of the law enforcing agencies and the executive.

    No court can decide cases without ascertaining facts and when the facts are not brought before the courts or are delayed, the courts cannot decide but can only pass orders to speed up the process. It has to go by the procedure laid down by the law. Established legal systems cannot function like autocrats, they are bound by the law of the land. On reading a report about a murder or rape, we, as common people, have all the right to feel agitated and to pass our judgements within seconds because our feelings or thoughts are not restricted by laid down procedures. But Judiciary cannot do that. That is the difference and we need to understand that.

    “The door to wisdom is knowing yourself." Anonymous

  • #711006
    Our judges might be prudent in their judgement making process but there is a great delay in the verdicts and whatever the reason for that like less number of judges or getting more proofs and witnesses for a case etc the delay is too much.
    Thoughts exchanged is knowledge gained.

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