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2nd September 2024 (10 Topics)

Wake-Up Call to Judiciary

Context

President Droupadi Murmu addressed the National Conference of District Judiciary on September 1, 2024, focusing on the pressing issue of delays in justice delivery in India. Her remarks come amid growing concerns over the inefficiencies within the judicial system, especially regarding the handling of heinous crimes such as rape.

Key Issues Highlighted:

  • Inordinate Delay in Justice Delivery: The President underscored the detrimental impact of prolonged delays in legal proceedings, particularly in sensitive cases like rape. She pointed out that justice delayed is justice denied, leading to a loss of faith in the judicial system.
  • Culture of Adjournments: Murmu criticized the prevalent practice of frequent adjournments in courts, which she believes exacerbates the delay in delivering justice. She described this as a significant issue affecting the efficiency of the judiciary.
  • Impact on Victims: The President highlighted the specific plight of victims, especially women, who endure prolonged suffering due to delayed justice. She emphasized the emotional and psychological toll on victims who face fear and stigma while perpetrators often continue with impunity.
  • "Black Coat Syndrome": She coined the term "black coat syndrome" to describe the anxiety and distress experienced by ordinary citizens when interacting with the judicial system, likening it to the phenomenon of "white coat hypertension" seen in medical settings.

Reason behind issues in the Judiciary

  • The delay of justice is attributed to the burdened courts and the accumulation of pending cases.
    • As of 2024, about 3.5 million cases are still stuck in the courts, waiting to be resolved.
  • The considerable number of legal cases, in combination with deficient infrastructure and insufficient judicial resources, imposes a burden on the legal system. As a result, litigants are subjected to prolonged waiting periods.
  • The issue of prolonged court proceedingscan be attributed to a multitude of factors. The issue is further compounded by the limited availability of judges. India is confronted with a persistent insufficiency of judges, resulting in an unfavorable ratio of judges to population.
    • India has a low judge-to-population ratio. Compared to developed nations, India has only 21 judges per million citizens while the US has 107 judges per million.
  • The non-existence of dedicated courts or tribunals for specific legal domainsimposes extra weight on the judicial system. 

Required Interventions:

  • Call for Judicial Reforms: President Murmu urged for a reform in the judicial process to end the culture of adjournments and improve the speed and efficiency of justice delivery.
  • Coordination Among Stakeholders: She called for better coordination between the judiciary, government, and police to address the issues facing the legal system comprehensively.
  • Moral Responsibility: Emphasizing the moral responsibility of judges and judicial officers, she urged them to uphold justice, truth, and dharma with sensitivity and promptness, particularly at the district level.
Fact Box:

Important Initiatives for Judicial Reforms

  • National Mission for Justice Delivery and Legal Reforms: It was launched in 2011 with the twin objectives of
    • increasing access by reducing delays and arrears in the system
    • enhancing accountability through structural changes and by setting performance standards and capacities
  • Alternate Dispute Resolution methods have been promoted wholeheartedly.
    • LokAdalat is an important Alternative Disputes Resolution Mechanism available to common people.

Technological Initiatives

  • E-Courts Mission Mode Project aims for the computerization of district and subordinate courts with the aim of improving access to justice using technology, which is one of the parts
  • National Judicial Data Grid (NJDG) is a database of orders, judgments, and cases, created as an online platform under the eCourts Project.
  • National Service and Tracking of Electronic Processes (NSTEP) enables process serving and issuing of summons.
  • e-Sewa Kendras provide e-filing services to lawyers and litigants to bridge the digital divide.
  • Digital Supreme Court Reports (SCR) aims to make SC judgments available to the citizens of the country free of cost and in electronic format. 
  • Digital Courts 2.0 application is a recent initiative under the e-Courts project to make court records available to the Judges of the district courts in electronic form. 
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