As Indians, we are used to scenarios where people arrive late at appointments, trains, buses, or planes are delayed, and events start later than scheduled. This is frequently and sarcastically referred to as ‘Indian Stretchable Time’, a play on the official time zone of Indian Standard Time (IST). It reflects a passive acceptance of our collective disregard for punctuality. The problem becomes even more pronounced as we delve deeper into the grassroots levels of society. At these levels, we often encounter tragic news stories where lives have been lost due to delays in receiving critical medical treatment. Similarly, there are numerous instances where judicial cases are left unresolved, not because justice was served but because plaintiffs or defendants passed away before their cases could be concluded.
Recently, President Draupadi Murmu voiced her concern over the issue of delayed justice. Pendency and backlog of cases is a big challenge before the judiciary, she said, suggesting measures like special Lok Adalat week should be organised more frequently to tackle the issue, urging all stakeholders to prioritise finding a solution.
The preamble of the Indian Constitution identifies securing justice―social and economic―as one of its fundamental mandates. Furthermore, Article 39-A of the Constitution directs the state ‘to secure equal justice and free legal aid for the citizens’. However, this goal remains elusive even 77 years after independence. Our judicial system has failed to address basic issues like quick and inexpensive justice and safeguarding the rights of the poor and the vulnerable. According to estimates from a former Supreme Court judge, more than five crore cases are currently pending in Indian courts, with over 10 percent of them being older than ten years. If this is a sign of the collapse of the justice delivery system in India, one will have to think of what can be done to revitalise the system.
When court decisions in a heinous crime like rape come after a generation has passed, the common man feels that the judicial process lacks sensitivity. It is a sad aspect of our social life that, in some cases, people with resources continue to roam around fearlessly and freely even after committing crimes. Those who fall victim to these crimes are often left to live in fear, almost as if they are the ones who have committed a wrongdoing. It’s a cruel irony that these innocent individuals, already suffering from the impact of the crimes against them, are forced to endure a life filled with anxiety, as though they were the perpetrators rather than the victims.
Several measures have been discussed to revitalise the ailing justice delivery system. The COVID pandemic came as a boon when one thinks of the modernisation of the legal system, including the digitisation of court records, online filing of cases, and e-court services. Reforms in the criminal justice system, which include measures like improving forensic capabilities and ensuring timely investigation and prosecution, are expected to fall in line soon. Measures like increasing the number of judges, providing alternative dispute resolution mechanisms such as mediation and arbitration, making legal aid available to those who cannot afford to hire a lawyer, and setting up fast-track special courts have been discussed for a long time.
While speaking at the National Conference of District Judiciary, organised by the Supreme Court of India, President Murmu underlined the fact that providing justice to the people through the district courts with sensitivity and promptness and at a low cost is the basis of the success of our judiciary. She stressed that faith and reverence towards justice have been a part of Indian tradition, which is why people consider every judge in the country as God. This puts a great responsibility on the justice delivery system at the grassroots as the district-level courts determine the image of the judiciary in the minds of crores of citizens. Unfortunately, today, let alone the poor people from villages, but the comparatively well-to-do urban middle-class people too are afraid to go to court. They become participants in the justice process of the court only under great compulsion. They often tolerate injustice silently because they feel that fighting for justice can make their lives more miserable. Hence, every possible measure should be taken to change this situation.
The persistent delays in various aspects of Indian life, from public transportation to the judicial system, reflect a deeper cultural and systemic issue that urgently needs to be addressed. Revitalising the justice delivery system, particularly at the grassroots level, is not just a legal necessity but a moral imperative, one that will restore faith in the judiciary and protect the rights of all citizens, especially the most vulnerable. The consequences of this attitude are most severe in the judiciary, where delayed justice is, in reality, denied justice.
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