Justice delayed is justice denied is the perfect phrase that can describe the current judicial network that exists in India. The phrase means that when relief or redressal is available to the injured party, but this is not provided in the correct time, it the same as having no remedy or redressal at all. When justice is delayed due to various number of causes, it will always lead to the conclusion that justice is denied. A perfect judgment can only be given when the court of law takes the decision in same time frame as the case has happened. We know that as the society changes, the law must change correspondingly, as law exists to protect the population, and it must by dynamic enough to change accordingly. In the same manner as time passes, the opinions, evidences, laws, etc might have high chances to change, and this will surely influence the decision which is taken by the court. There are many causes of delay, and one of the main reasons is due to delay in disposing the cases, pendency cause more pendency, and this leads to a whole lot of arrears. The reasons for the cause of delay in disposition of the cases have been discussed as follows:
- The ratio of judges to the nimber cases and the population is very low in the nation. There have been a lot of cases and less number of judges. Not even 50% of the vacancies for the positions of judges and magistrates is filled in the nation. The reason behind less number judges is because they are not given incentives, especially the beginners. The legal profession should be given social security benefits and incentives.
- There is very poor infrastructure, especially in the lower and subordinate courts in the nation. These hamper the functioning of the judges and the courts, as there is proper libraries, inadequate staff, poor security systems to the judges and so on. Infrastructure plays an important role, if it is good, there will be speedy disposal of cases in the lower courts, which will reduce the burden on the higher courts. The bar council shall look into the matter, and give them necessary financial aid so that there can be proper functioning of courts,
- Incompetence of staff in the courts, nowadays the trend of corruption has been taking place everywhere. The staff are delaying the process of doing simple actions, as they are demanding money for every small thing. They are not fulfilling their duties and obligations in a loyal way. Bribing has become a fashion, especially in public institutions, strict action shall be taken in this matter.
- Delay is caused by all the investing authorities, especially the police officers. They take so long to file the evidence. Sometimes this is the reason where the government takes the decision to release the accused due to lack of evidence. The slow investigation process is also one of the major reasons to the delay of justice, especially in highly planned crimes where there very minimal evidence. Not only that but the investigation authorities do not consist of skilled and professional personnel. Evidence is best served in a case when its new and fresh, but if the cases are pending for a long time, the value and applicability of the evidence may fad away. Especially when the evidence is in the from of an eye witness, if they cases go on for years there is a slight chance that the person might forget the crime scene.
The above are the reasons for the delay in the justice, due to which indirectly justice is denied. Now lets look at some suggestions where this delay can be prevented. They will be discussed as follows:
- Appointing more judges, and to make sure that they are qualified and skilled. Justice is best served when the judiciary is filled with highly intellectual and loyal judges and staff.
- We need to establish tribunals and courts in areas where there are many cases. Special courts only to delta special matters, like property, company disputes, etc.
- Improve the physical and technological infrastructure in the courts.
- A time limit which has to be set, so that the cases can be solved within the specified time limit. This ensures that the cases are disposed in a timely, effective and efficient way. In the same manner unnecessary appeals and cases have to be restricted and limited. Not every case can be appealed, sometimes the case should bes solved in the lower courts, especially when they are simple cases and problems.
- Alternate Dispute Resolution also known as the ADR should be promoted. This type of mechanism involves various ways like mediation, negotiation, arbitration, etc. this are different other ways apart form the existing system of judiciary, where the problems and disputed can be solved. ADR reduces the burden on the courts of law.
- Establishment of independent investigation agencies, solely for the purpose of criminal investigation, so that the delay in the investigation process can be avoided. These investigation agencies shall not only be independent , but they must also have qualified personnel with high intellectual and problem solving skills.
The above are some suggestions where the delay in the judiciary can be avoided, leeding to speedy and fair justice to all. One has to remember that even if justice is received after a long time, it means it has already been denied in the past, it makes no difference. This article gives information on all the causes, and possible suggestions which can be implemented by the government, hence bringing a change in the present system. The judiciary shall overcome all its difficulties, nad one day in the future we might see where very cases is disposed on time, with no more pending in the cases. The measures are already being taken, and in spite of all the challenges and difficulties, the judiciary will always remain in the most respectable and supreme position in the nation. Justice delayed always means Justice denied.