Justice delayed is justice denied!
The Hema Committee report sheds light on the systemic issues within the Malayalam film industry, yet the unresolved 2017 actress sexual assault case remains a stark reminder of the persistent failures to ensure justice and accountability, casting a shadow over any claims of progress or reform. As the foremost cornerstone of democracy, the judiciary is pivotal in securing its integrity and dignity. Amidst the transparency of the contemporary pillars in question, the “usual time delay” stands as an adversary of the judicial system. As the world watches everything so instantly, Timely justice is not just a cornerstone but the very bedrock of a fair and equitable legal system. In an era where justice delays are often questioned the transparency of the system, is imperative to take the necessary steps to overcome this burden and to ensure societal trust.
The slogan “Justice delayed is justice denied” remains a haul over the crowd even after the years gone by. Even though the thought touches back to the history of the Roman Empire period, It was first used by the English philosopher and jurist Sir Edward Coke in the early 1600s. Years after, Martin Luther King, a born fighter for justice in the history of the United States of America for Black Lives Matter, widespreaded the idea across the globe through his letters from Birmingham jail.
The country’s judicial process’s slow pace has always been a subject of criticism. Factors such as understaffed courts and procedural delays prolonged the duration of legal proceedings, thus the justice. Even though the digitalization process to speed up the court procedures is ongoing, the available data as of 2022 says, the pending cases remain untouched and it rose to 48 million. This delay in the system disproportionately affected the marginalized and vulnerable populations who do not have the backing to conduct a long legal fight for justice.
The average time taken for the disposal of cases in the country is obviously a concerning concern. The data indicate that it takes an average of 15 years for a civil case to be concluded if it goes to the apex court. It takes about 8 years for a criminal case. When it comes to the controversial actress kidnapping case in Kerala, continues even after 6 years. The incident happened in February 2017. A recent statement by the prosecutor for the same case also indirectly accused the system of the same. This would remain unattended under the fact that the Nirbhaya case itself took 7 years for justice.
The Bhopal gas tragedy case can be taken as the best example of judicial slugginess. The Union Carbide Factory disaster remains a tragic chapter in history. It affected the lives of over 5 lakh people. Despite the devastating impact of the poison on society, justice has been elusive for them. Only seven company employees faced the trial and were convicted. That too for 2 years. Through years of legal battle, the company managed to avoid full liability by paying 470 million dollars as compensation. The conspiracy behind the tragedy and even the proper compensation itself remains unsettled.
In the Jessica Lal case, remains indelible in public memory for all the twisted incidents. In the early hours of April 30th 1999, Jessica Lal, A celebrity, met a tragic end when she was shot to death by Manu Sharma at a crowded party. Manu, the son of a wealthy and influential congress leader Venod Sharma of Haryana state, committed this heinous crime just because Jessica had refused to serve him alcohol after closing hours. The trial began in the year of 2006, were the accused was acquitted because the prosecution witness turned hostile. But after the legal fight, the accused was sentenced to life in 2007. The thought remained untouched as “delayed justice” until he walked out of the Thihar jail wall by the decision of the sentence review panel, that too with a designation of “Good Conduct!”
Back in 2022, The Chief Justice of Madras High Court, Munishwar Nath Bhandari highlighted the urgency of addressing the backlog of cases in courts and emphasized that justice delayed is justice denied. Speaking at the inauguration of a new combined court building in Kakathope, Ooty, he stressed the importance of speedy trials to ensure justice for the people, noting that the judiciary serves as the last resort for the common man. Justice Bhandari attributed the delays in resolving cases to the lack of infrastructure and an insufficient number of judges, which has resulted in a significant backlog. He cited specific examples of the Nilagiri court. He said, exactly 92 civil cases and 32 criminal cases pending for 20 years, with 3 cases unresolved for more than 25 years. Justice Bhandari emphasised that such delays cannot be justified and called for swift resolution of cases, envisioning a future where no cases remain pending for more than 5 years.
The country’s legal system indeed struggles with complexities, still leading to prolonged legal battles. Transfers between inferior and superior courts, the presentation of fresh evidence into existing cases and lengthy gaps between assigned dates contribute to the tiring process. The burden lies on the shoulders of the government that is lost in systematically addressing this task. Swift and efficient justice delivery is essential to prevent the dreadful toll on those who persistently seek justice. Balancing procedural overdue with timely outcomes remains a pressing concern that needs to be addressed only through suitable legislation.
In addition to addressing the number of staff in courts, It is imperative to ensure their efficiency in performing tasks swiftly and more effectively. Despite efforts to tackle the backlog of cases, the Indian courts continue to witness a rise in pending cases, raising concerns about their operational efficiency. thus, there is a pressing need to implement and uphold the quality of the court staff. This includes not only judges but also other persons involved in the judicial proceedings. By maintaining a rigorous quality check, the court can enhance its overall effectiveness. The suggestions put forward by the Economic Survey can also be considered for a better result in the long run. Based on the suggestions of the Economic Survey 2018-19, It would be much more effective if the number of working days increased without making things more exhaustive, the effective technology should also be introduced and promoted by the courts for procuring and gathering data speedily. Increasing the number of judges and infrastructural facilities will also help for the good sake.
When people are not given a timely response to their grievances, they may feel that they may have been wrung and that the judicial system has failed them. In addition, delayed justice can lead to frustration, anger and even violence. This makes the situation inevitable to address the words of Martin Luther King Jr. “Injustice anywhere is a threat to justice everywhere!”
Nabeel Kolothumthodi
is the Parliamentary Secretary to a Member of Parliament, Lok Sabha and alumnus of the faculty of Law, University of Delhi
