Present situation :-
- As of January 2018, over 3.3 crore cases are pending in Indian courts. Of them, 60% of pending cases are in court for more than 2 years.
- Delay in justice causes emotional trauma for the victims.
Reasons for pending cases in Indian courts :-
- There are not enough judges in India. There are a lot of vacancies in High courts and in lower courts as well.
- Government is the biggest litigant in India. According to the Ministry of Law and Justice, government departments are a party to around “46 percent” of court cases.
- Cost of litigation is very low. As a result burden on courts is increasing with increasing number of cases.
- Rising awareness in public about their rights & law is also a reason for increasing number of cases and hence the burden on courts.
What needs to be done :-
- Filling vacancies in courts & recruiting more number of judges will help a lot in solving the pending cases issue in Indian courts.
- Better counselling services will help in reducing the burden on courts. In many cases, family disputes & marital disputes goes to court due to lack of proper counselling services in police stations.
- Alternative Dispute Redressal System (ADR) – “Arbitration”, “Mediation” and “Conciliation” need to be encouraged.
- Law education should be improved in such a way that it produces more number of judges and not just lawyers.
- Care should be taken to reduce burden on judges to allow them to handle more number of cases.
Conclusion :-
Delayed justice causes lose of trust in the justice system. There is a saying that “the one who loses the case cries in court and the person that wins the case cries at home”, which tells the struggle of lengthy trials and the expenses it involves. There is a dire need to fill the large vacancies for judges in lower courts.
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