No Justice In India
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No Justice in India

Dear Readers,

On the 28th of January, 1950, two days after India became a Sovereign Democratic Republic, the Supreme Court came into being. The inauguration took place in the Chamber of Princes in the Parliament building which also housed India's Parliament, consisting of the Council of States and the House of the People.

 

It was here, in this Chamber of Princes, which the Federal Court of India had sat for 12 years between 1937 and 1950. This was to be the home of the Supreme Court for years that were to follow until the Supreme Court acquired its own present premises.

I must admit, that I am truly impressed with the judges from the Indian judicial system, and strongly believe they deserve a standing ovation from the citizens of India, in appreciation, that they have managed to achieve what no other countries could achieve, and nor would anyone ever try to accomplish, Which is a total of more than 31.28 Million cases pending, across India and these files may never see the light of day.

 

These numbers are the highest compared to any country in the world. This back log would take 320 year to clear, which is if someone decides to wake up and work on them instead of sitting on them.

A recent study indicated that the number of new cases has direct relationship with increasing literacy rate and awareness, 

Citing examples of Kerala, a high literacy state, with awareness, 28 new cases per 1000 population per annum have been added, whereas, Bihar with relatively low literacy rate the figure stands at just three.

However, study also shows that crimes increased when the law and order mechanism is weak.

There is about 1 lac pending rape cases in 2012, only 14% disposed of. The people of this country or rather people with vested interest have blamed the government and police, for law and order problems, but the real cause for increase of crimes is the judges who refused to bring justice on criminals.

Thousands and thousands of criminals are walking the streets of India just because our legal system refuse or delay timely judgment.

They (Judges) have denied scores of Indians their fundamental right as Indian citizens, and the law in which they took an oath to uphold must now be brought down onto to them.

I recently spoke to a widow who filed a case of cheating in the year 1995. She said she was cheated of 1.19 lac and it took her Rs19000 more as court fees just to file a case, it’s now been more than 20 years and nothing has happened. She said “she does not dream the legal system of ever getting her money back and would be happy if they (the company) gave her whatever they felt like.”

“What hurt me more is not me getting cheated of my money, it’s me getting cheated by the legal system.”



In the aftermath of the infamous Delhi gang rape case, the Centre had requested the Chief Justices of the high courts and state chief ministers to set up fast track courts for speedy trial of pending rape cases in district or subordinate courts with high pendency and to monitor the progress of the cases to ensure their timely disposal.

It took brutal gruesome sexual assault on a young girl and the outcry of public in the aftermath to force the  government and the judicial system to bring this change, and the Change happened and it proves that it could have been done before, but there was no will from either parties (Government and Judicial) not affected by the system.

 



"If one considers the total pendency of cases in the Indian judicial system, every judge in the country will have an average load of about 2,147 cases," Justice Rao said, while delivering the keynote address on E-Governance in Judiciary. 

India is crossing the 1.2 billion population mark and a judge to make a remark, that all the judges are over worked is a mockery to anyone’s intelligence. When work load increases the only option is to increase staffing does the Judges of our country need lessons on man power management or perhaps a session on time and motion study would help them work more efficiently.

In India, we have an independent and integrated judicial system. Unlike other federations, India has a single and unified judicial system for the entire country. There are High Courts at the State level and further below are subordinate courts. The question of infighting does not arise when there is a central chain of command. The question does arises is what have they been doing all these years denying justice that was promised by our constitution?


India has 14,576 judges as against the sanctioned strength of 17,641 including 630 High Court Judges. This works out to a ratio of 10.5 judges per million populations, Justice Rao said. 

The Apex court in 2002 had suggested 50 judges per million population, he reinstated. 

If the norm of 50 judicial officers per million becomes reality by 2030 when the country's population would be 1.5 to 1.7 billion, the number of judges would go up to 1.25 lakh dealing with 300 million case. 

The system is breaking down slowly but surely, denying justice by delaying  riots affected justice, bringing shame onto rape victims, let off corporate companies run free with people’s money, politicians with scams are some of the cases that fill the justice system's cupboards.

 The people have lost hope and when hope is lost there can only bring room for chaos.

The law states The Supreme Court can punish anyone who is found to indulge in contempt of the court. Contempt of court includes criticism of a judgment of the court, criticism of judges and the court, passing derogatory remarks against the court, refusing to abide by the decisions of the court, etc.

I wonder if I am in contempt for bringing up the deeds of the Supreme Court on this blog, or should I have kept quite because the law says I should even in the face of injustice.

If I am in contempt then my charge for sedition could be after 320 years according to the back log of cases, I understand this in not on a first come basis but I don’t think what I said is a lie, and if I have not lied and no crime was committed, then I have broken no law, and if its really is on a first come basis and justice is served onto me than the court in contempt of itself by choosing to bring the law onto its citizen when it suits their need? 

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