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  • Category: Miscellaneous

    Why the justice is delayed too much in India?

    My relatives and friends who are facing the cases in the courts often say that the justice is delayed many years and by the time the person recollects what has happened on that day the justice is denied also. The opposite person confronts with new ways and means and false witness and evidence buildup and the courts keep on postponing the case years together. And when the judgement is announced the time was too much taken and runs to even 25 years are more. Are we keeping more patience on pending cases?
  • #724018
    It's not the court that can be held responsible for this delay. What the court can do when it has innumerable cases in a row. I think there may be several reasons for this delay but the following reasons come to my mind.
    - People are self-centred. If two men begin to fight each other they don't interfere and settle their disputes. As a result, either or both parties rush to the police station.
    - We don't have a local unofficial community court that may settle their disputes.
    - We don't have the Lok Adalat system in our society
    - In the old day's village panchayat were very effective and all villagers would abide by their decision.
    - Now almost everybody has wealth and they don't have any fear of law because they can give a bribe, so they move to fight against their opposite party/group/individuals
    - Police don't settle their disputes, sometimes some policemen create criminals or enmesh innocent people.
    - Police is not an autonomous body as in the US is. In the US police don't arrest the accused until the case is fully investigated and their evidence is accepted in the court unlike in our country.
    - Scarcity of a considerable number of judges compared to a huge number of cases.
    - Number of fake cases is much higher.
    - Undue control of politicians over the police department and society.

  • #724072
    Good response. But if the cases keep on piling what is the remedy.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #724083
    The number of courts in India are less when compared to the population of India. The lawyers try to take more and more time to consolidate their position. If the case is disposed of immediately, the lawyer may not get good money.
    As the population is very high, there may be many cases filed in the courts and to study the case completely, the judge may require a lot of time. So they try to take more and more time. Some actions are required from the department to come out of this problem. The working hours of courts to be increased. If necessary, the courts should work in shifts. As required staff is to be increased. Fast track courts are to be established and many cases that are not very serious should be disposed of immediately and the number of cases should get reduced.
    Some cases which are finalised at lower courts are again coming to higher courts. There should be a check on that Instead of postponing the cases every day there should be a target to clear some cases so that the cases will not get piled up.

    always confident

  • #724197
    Judicial processes are very slow in our country and it takes a lot of time in that and many people due to that reason do not like to approach the courts. The main reason is a number of cases and another reason could be the inefficiency that is so much apparent there. One interesting thing is court timings are very short. Seeing the number of cases we should have courts in two shifts but generally courts are functioning from 11 AM to 4 PM. The system needs a good degree of revamping. Govt has to take up this matter on priority and may be will have to recruit more judges.
    Thoughts exchanged is knowledge gained.

  • #724224
    Judicial systems are like that in many countries especially the backward and developing ones. It might be worse in our country but there are reasons as why it is like that. When a country is already suffering because of the large scale corruption, nepotism, and favouritism along with poor governance and lack of discipline then how can we have robust and quick judicial system. Just because a judge is very knowledgeable, it does not make the system good because the environment, political interference, and infrastructure in which the judges have to work is not conducive to emanate good results from their scholarly knowledge in the subject of law. Not only the judicial system but there are many areas which require good degree of revamping. For example in digitisation and streamlining of land and property records we are still far behind and many criminals have amassed a large number of properties in some other names. Our bank and other investment records are not available on screen for the investigating authorities and they have to go to the house of the accused for physical checking. They have to go and break their bank lockers. We are far behind in all these things and it would take a long time to reach that dream state.
    Knowledge is power.

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