Within the confines of India’s justice system, a multitude of elements conspire to undermine the very essence of justice itself. Among these pernicious factors, one finds a burdensome accumulation of pending cases, a dearth of sufficient infrastructure and resources, the malignant presence of corruption permeating the system, and disconcerting delays that plague the legal processes.
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In the realm of India’s judicial system, a myriad of forces converge to erode the core principles of justice. Within this labyrinthine network, one encounters a weighty backlog of unresolved cases, a scarcity of adequate facilities and support, the insidious infiltration of corruption, and disquieting procrastination that afflicts the legal procedures.
One of the primary catalysts for the erosion of justice in India lies within the formidable labyrinth of unresolved cases. The Indian judiciary, at present, grapples with an inundation of pending litigation, resulting in distressing delays in the administration of justice. As per the esteemed National Judicial Data Grid, the disheartening reality stands at a staggering 4.35 crore (43.5 million) cases languishing within the corridors of various courts across the nation in July 2021. This arrears not only cripples the expeditious resolution of disputes but also undermines the potency of the justice system itself.
Another crucial element that must be addressed pertains to the dearth of adequate infrastructure and resources. Within India’s judicial system, a profound struggle ensues amidst the insufficiency of courtrooms, archaic technological provisions, as well as an alarming scarcity of judges and supporting personnel. Regrettably, this predicament significantly hampers the overall efficiency and efficacy of the system as a whole. Undeniably, the paucity of resources serves as a formidable obstacle, impeding the just and expeditious administration of justice. This grave matter has been underscored by the venerable former Chief Justice of India, T.S. Thakur, who poignantly remarked that the High Courts alone bear the burden of approximately half a million to six hundred thousand pending cases, while an equivalent number plagues the district courts. Such a dire situation necessitates judges to either write at an extraordinary speed or dictate their judgments in English onto the official record.
Corruption continues to pervade the Indian justice system, casting a dark shadow over its administration. The insidious forces of bribery, nepotism, and undue influence frequently contaminate the sacred realm of justice, eroding the very foundations of public trust and confidence. These immoral practices not only subvert the cherished principles of fairness and impartiality but also grant the affluent and influential the power to manipulate legal proceedings to their advantage. Alas, Transparency International’s esteemed Global Corruption Barometer has bestowed upon India the unenviable title of the most corrupt nation in Asia, as an overwhelming 69% of respondents perceive the judiciary to be infected with corruption.
Troubling delays have plagued India’s legal process, further exacerbating the judicial failure. Protracted litigation can adversely affect access to justice, especially for socially marginalized and economically disadvantaged groups. A slow legal system not only leads to a loss of confidence in the judiciary, but also an inability to bring justice to those who have been wronged. A quote from Mahatma Gandhi is appropriate in this context: “Justice that is silent is doomed to collapse. Justice that corrodes corrupts humanity.”
Intriguing Insights into the Lamentable Lapses of Justice in the Indian Subcontinent.
- India ranks 163rd out of 180 countries in the World Justice Project’s Rule of Law Index 2020, highlighting systemic challenges.
- The average time taken to resolve a civil case in India is 1,445 days, which is significantly higher than the global average.
- The number of judges per million people in India is considerably lower compared to countries like the United States and the United Kingdom.
- Only 9.4% of Indians have faith in the judiciary, according to the 2019 India Justice Report.
- The legal profession in India suffers from a severe gender imbalance, with women comprising only around 10% of the total lawyers.
In conclusion, the failure of justice in India stems from a combination of factors including the burden of pending cases, inadequate infrastructure and resources, pervasive corruption, and disconcerting delays. These issues hinder the effective functioning of the justice system and erode public trust in its ability to deliver timely and fair outcomes. Addressing these challenges is crucial to ensuring access to justice for all citizens of India.
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