FAITH OF PUBLIC ON JUSTICE DELIVERY SYSTEM
Rule of Law is to be maintained by all the sections of people. However, if whenever, the terminology comes up, the Rule of Law revolves round the law making agencies, enforcing agencies, justice delivering agencies and judicial systems. Rule of Law is one of the fundamental principles of any civilized legal system as defined by Dicey. He attributed the three meanings to the Doctrine of Rule of Law as (i) Supremacy of Law, (ii) Equality before Law & (iii) Judicial Independence, Judge made constitution and pre dominance of legal spirit.
There has been wide and elaborate discussion on the rights and duties of Indian citizens as provided under the Constitution of India. Though right and duties of citizens are unseperable from each other, there is tendency of demanding rights by people rather than looking into the duties cast upon the citizens. India may not rank in the top level about the citizen’s honesty, sincerity and duties to be shown towards their nation in the world. Even in the pages of history, remarks have been made that ‘Dogs & Indians’. Though we are against it, we are to dissect it and see the underlying meaning.
Self introspection is a good lesson for everybody, however, people have less tendency to self introspection. Everybody has a human psychology of being the best person. This is why even the cheat, thief and culprit might have a tendency of justification of their own wrong deeds. But these are to be removed from the human mind since they are the only rational being in the universe.
It is common for people to go to Court which is termed as the temple of justice to get their grievances redressed. However, the system of administration of justice through Court in India is required to be relooked into as many citizens have been frustrated due to not getting of justice on several counts. The different probable aspects which have attracted the losing of faith upon Courts can be enumerated asunder:-
Non Prompt Action:- Ranging from lodging of a report and the registration of FIR thereon and needful investigation, people at times face problems to get their grievances redressed timely. This has made people refusal of their rights.
Non Submission of Charge Sheets:- For criminal offences, many FIRs have been lodged from time to time for various criminal offences. Less charges have been submitted for proper investigation and trials resulting to submission of final report and as such many victims have been losing their faith upon the Court.
Non Sentencing Adequately:- In certain cases, sentences have not been awarded commensurate with the gravity of the crime thereby resulting to losing faith by public upon the Courts. It does not fulfil the objective of doctrine of deterent punishment.
Non Speedy Trials:- In India, most of the cases/trials have taken too much long time and as such people are not getting justice in time resulting to the saying “Justice Delayed Justice Denied”.
Non Curbing of Public Nuisances:- At times, people have lost their faith over the law enforcing force/Courts for want of checking public nuisances. Some examples are gambling/late night using of loudspeakers and non disposal of health hazard substances from public places, non banning of smoking in public places etc.
The system in Indian judiciary is founded on the Original forum of trial, Appellate, Revisional & Reviewing jurisdiction etc. Thus, in the name of unavoidable pretexts of resorting to all such fora, certain cases took decades together on arriving its finality and as such the fruit of the litigation hardly reaches to the litigants.
The judiciary as well as the legal fraternity i.e. Judges & Advocates have also caused in delaying disposal of the cases due to allowing unconcerned adjournments, buying time thereby lingering the cases years together. Thus, repeated adjournments either by the counsels or allowing adjournment by the President Officers have caused people losing their faith upon the Courts.
Bandhs/Strikes:- Bandhs and Strikes have a great impact to the society wherein the administration of justice or justice delivery systems is carrying out. Too much bandhs/strikes from various angles have caused not getting result of litigation in time. Though the Hon’ble Apex Court have held that launching strikes or calling bandhs is illegal, there is still a phenomenon of resorting to such illegal agitation by different sections of people and as such these have also added counts on the non getting of expectation from the Court.
Interference In Court:- At times, independence of justice delivery has been impeded due to outside interference to the working of the legal fraternity or either to the judiciary. Moreover, a great emerging system of mob justice prevails engulfing the true and real system of justice deliverance.
Meetings/Conferences During Court Hours:- Judiciary system ranging from the Revenue Courts to High Court, there have been meetings/ conferences/ awareness programmes during Court working hours and as such real trial or procedure of Courts have lost their due importance and people are upsetted if such happenings overcome their appointed Court days.
Non Dynamism of the Clients:- The justice delivery system has also faced in its losing faith on other counts due to non dynamism of the litigants. Occasion also prevails wherein the litigants show less interest in consulting and contacting their counsels which adds to the non fulfilment of justice delivery system speedily.
Strain Relationship Between Counsel & Clients:- It is needless to say that every entity has its own responsibility in trying to boost up public faith upon the Courts. Due to lack of responsibility between the clients and counsels, certain things go wrong resulting to dilution of the administration of justice.
Non Maintaining Court hours:-In the guise of doing administration works, at time Courts do not sit on time or upto the time of required Court hours causing delaying disposal of pending cases. It will be trite saying that Indian Courts including the Apex Court have been burdened with lacs of pending cases. However, on records and paper work, such flaws have always been couped up.
Remedies So Far Targetted:-
Fast Track Courts:-Seeing the long pending cases and its quantum, there has been setting up of Fast Track Courts in the Country. However, the unfeasible aspect is that most of these Fast Track Courts set up have been with inadequate number of staff and infrastructure thereby frustrating the objectives targetted through it.
Legal Awareness Programmes:- Various legal awareness programmes have been projected and taken up. Of course, these may have changed the mind of people, however, still monitoring of such programmes for proper place, time and people is warranted.
Lok Adalats:- Under the Legal Services Authority Act, various Lok Adalats are targetted to sit at various levels and there have been reports of settling of a fair number of cases. However, at times it has been encountered that due to short notices of having such Adalats, the objectives as sought for have not been achieved.
In referring some of the aspects which cause people losing faith upon the Courts, people in different dimensions and Officials have their own responsibility to gear up the same. It is commonly said by the great personality that “Your action is louder than your word”. Therefore, we, the citizens need to take a pledge to discharge our own duties, own responsibilities and act practically so as to get justice rendered through justice delivery system timely and appropriately. This is the need of the hour.