The courts have four crores pending cases; inordinate delays leave lakhs languishing in jails
It is high time to address the issue of pendency in lower courts so that speedy justice can be delivered in a minimum of time. The slow justice has ruined many lives and many people who should have been in jail are out of it thanks to their resources and the slow pace at which the judiciary works in the country.
The issue of pendency of cases in the Indian courts especially the lower ones has once again come to the fore. The Supreme Court A bench of Justices Sanjay KishanKaul and MM Sundresh have appealed to the government to solve this issue else it would haunt the country for the next thousands of years.
This came after the prime minister's contention that more under trials should be released in the 75th year of India's independence and his appeal to the judges of lower courts to expedite the cases. To put things in perspective, there are four crore cases pending in the Indian courts and 75 per cent of people languishing in Indian jails are under trials booked for petty crimes. Most of them are poor, illiterate, hapless, and cannot even afford a lawyer.
It may be a great idea but executing it would indeed be a Herculean task as we all know that courts function at their own pace and takes forever to reach a decision. It is a fact that long delays in solving cases make the process of getting justice a punishment in itself.
The excruciatingly slow process of getting bail not only ruins the life of an individual but also puts undue pressure on jails and the judiciary. Having said that, it is difficult but not impossible if all concerned make a resolve to solve it. For instance, the suggestion that first-time offenders involved in petty offences could be let off. Far from reforming long stay in jail actually makes them hardened criminals. Moreover, video hearings could be implemented across the country to the lowest court level. Though increasing the number of judges is easier said than done. Besides, making some changes in the Indian penal code could also ease the burden on the judiciary. IPC was passed in 1860 to suit the colonial rulers. Many laws such as sedition law and the like have become archaic and need to be redone. There are phrases that need to be defined properly like 'obscene'. The loose phrases put extra pressure on courts and hence more time. But first of all, a political will and an earnest desire for radical change is a must.
