When a poor man is filing a case, it takes years and decades also and the end of the entire struggle, getting into huge financial losses, an illiterate cannot understand even a single word what a judge says and stays barefaced. It is not untrue to say people who feel they have not provided proper justice turned themselves into antisocial elements and do not hesitate to commit homicides.
Thus they take to fatalism and get furious for every tiny disturbance that happens in the society. They get brave enough to kidnap politicians who are not providing justice to the poor-lot and never think twice to kill unjustified politicians.
The government provides protection to all those irrational politicians at the cost of an exchequer. It is a shameful situation to know that we have the severe shortage of judges in India.
It is a million dollar question why the government takes it seriously and even why it tries not to skilled people to provide free education in Law. It is a shocking revelation to know, in India now 27 million cases are pending in courts, benches are empty. The problem has been compounded by the unprecedented increase in judicial vacancies across the three tiers of Judiciary.
Official figures show, the SC is short of five judges, 24 HCs have vacant judges post and 4, at the subordinate courts. Two more SC judges are due to retire this month. Appointment to the Supreme Court and high courts are done by the collegium of the top court. But judges in the subordinate courts are appointed by the state high court. The stand-off between the government and the Supreme Court collegium over a memorandum of procedure has made things worse for judicial appointments in the higher judiciary.
While the judiciary has been targeting the government over appointment of judges in the Supreme Court and high courts, it could well be held responsible for the huge vacancy of subordinate court judges. In , Justice VV Rao of the Andhra Pradesh high court said it would take years for the Indian judiciary to clear the millions of pending cases.
This is primarily due to poor-judge-population ratio. With a sanctioned strength of 21,odd judges, subordinate courts are under tremendous pressure as almost a quarter of the posts remain vacant, thanks to lack of advance planning and a poor recruitment policy.
Despite the Law Commission and the Supreme Court recommending that India should have 50 judges per one million people, the ratio continues to be abysmally low at 17 judges per one million people. This is nothing compared to the US, the UK and Australia which have a judge-population ratio of , 51 and 41 respectively. The Department of Justice has said the problem of shortage of judges is being addressed through a two-pronged strategy.
Firstly, by filling up a large number of vacancies and secondly, increasing the sanctioned strength of judges. Even by conservative estimates, the number of cases reaching courts will touch 15 crores, requiring at least 75, judges in the next three decades, the report said.
Finally, it is Indian Judiciary system that is to be blamed bluntly without any arguments. It is not giving enough importance that it should give to resolve the problem. Due to the accident, the victim is no longer able to provide to her family. As she was the sole bread earner of the family, the family is left destitute and devastated. The case is pending before the court. Due to delays, backlogs, fees, etc. Only after period of ten years is compensation provided to the victim.
Is the compensation of any use now? The victim and his family suffered for 10 years. The children could not get proper education and the family became destitute. Such a situation is not reversible. Justice, in this case, is denied due to the delay in providing it. In fact, the Indian Judiciary is so infamous for delays that people prefer not to seek court remedy if they can avoid it.
Is such a mind- set good? This would ultimately result in people having no faith in their own Judiciary. Such a situation would be quite dangerous. Then, why are there so many delays in the delivering of judgments?
In India, there are about 10, courts. According to a recent survey, there are more than 34 Lakh cases which are pending in High Courts and more than 4 crore cases that are pending in District Courts. This is the situation of the Indian Judiciary. Many of these cases will take years to finally resolve. Apart from the number of courts, the number of judges is also inadequate.
With a population of over a billion, India needs a lot of judges for speedy disposal of cases. But, this has not been done in India. For example, in Mumbai which is the economic capital of India, there are 50 magisterial courts, serving more than 12 million people. Therefore, a court serves a population of over 2 lakhs! Such is the situation in just one city. The scenario in all of India is just as bleak. According to a survey, a population of about 10 lakh is server by a mere number of 12 judges in India.
Not only this, many judges that are appointed are incompetent and ineffective. If lawyers give proper advice and judges give proper judgement, the problem of delay will be solved. Lawyers are also a cause of delay in providing justice.
Some keep on extending the case to extort money from their client while others keep delaying the dates of hearing to harass the other party of the case. In some cases, the accused is kept in prison till her trial is on- going. If after a lot of delay, it is finally proved that the accused is in fact not guilty, will it not be injustice? She spent years rotting away in prison when she was not even guilty. Because of delay in providing justice, her life is over.
Other delays are also caused by corrupt officials and judges. Judges are appointed not by the Judiciary but by the Executive. The party in power appoints judges who favour them, which leads to corruption and mal- practices.
In vogue justice delayed is justice denied is a very smooth saying. But it is not as easy to understand without clarification as to what actually is meant by the delay in justice. In between seeking justice and deliverance of justice there are a lot of pre-requisites and formalities of rules and.
Justice delayed and justice denied means that if justice is not carried out right away timely, then even if it is carried out later it is not really justice because there was a period of time when there was a lack of justice. In vogue justice delayed justice denied is a very smooth saying.
Justice delayed is justice denied is a maxim which means that even if remedy against an illegal injury caused is available but not executed in due time, such a situation is comparable to . Justice Delayed Is Justice Denied Essay Sample. There are countless and innumerable arrears in High courts and Supreme Court, and one crore and more in lower courts pending disposal.
Free words essay on JUSTICE DELAYED, JUSTICE DENIED? for school and college students. On 16th December , a young physiotherapy student in New Delhi, India, alighted on a bus bound to her destination. Sometime later. Justice delayed and justice denied means that if justice is not carried out right away timely, then even if it is carried out later it is not really justice because there was a period of time when there was a lack of justice.