JUSTICE DELAYED IS JUSTICE DENIED

When we read this maxim, somehow we can take a basic idea of this maxim like in simple words it wants to depict that if the justice is delayed and got after many years then it is supposed to be that there is no justice delivered to victim because of its much delay.

The great english politician and also the former prime minister William Edwart Gladstone quoted this maxim. With this maxim he tried to highlight the fact any judicial system, which take long tenure to ensure justice to the victims, is actually serving no purpose. Being a pillar of democracy, such delays inadvertently denies the fruits of democracy to the citizens.

It takes nearly 20 years if a case for justice goes from the subordinate court to the high court and then supreme court. Twenty years means multiple generations of litigants, enormous cost and frustration. Such long durations for resolution is symptomatic of an inefficient and ineffective judicial system. Any justice delivered after span of 20 years would be bereft of its true meaning and is fit to be termed as justice delayed is justice denied.

Like in several high profile cases such as uphaar cinema case which is still pending from last 18 years  and many rape cases like bhanwari devi case of sexual harassment and in nirbhaya case , the justice to the victims was too late which lost it original value of justice due to delay in justice. So this delay in justice is equal to the denial of the justice.

According to Plato, without justice human life cannot sustain or survive so according to him justice is a cardinal value and everyone wants justice in this world. The different constitutional terms like fraternity, equality, liberty etc all come under the term justice. So justice is the ultimate goal of the constitution. So the term justice can be defined as shield of innocence and guardian of the constitution.

Causes of delay in justice to the victims

Problem of plenty

The total number of cases pending in the honorble supreme court of India, high courts and district and subordinate courts is given as under:

In supreme court pending cases are 62,054 (as on 31.08.2020), in high courts, 51,57,378 (as on 20.09.2020), in district and subordinate courts, 3,45,71,854 (as on 20.09.2020) pending cases are there.

Corruption in Indian judiciary

As we all know, corruption is the one of the major problem of our country and our judiciary system also suffers this problem as well due to which cases remain pending in the courts.

Lack of staff

There is lack of judges in our indiuan judicial system. Only 20 judges on onw million people whereas in europian countries the strength of judges for 1 million people id 300-400. So there is lack of staff in the courts due to which cases remain pending and justice to the victim is delayed and also the problem of pending cases is arises from the very base level i.e: from subordinate courts. Nearly 87.5 off all the pending cases in India come from lower courts. so the problem started from the base level itself due to lack of staff in the courts.

No code of conduct for the lawyers

Lawyers don’t have code of conduct, lower courts lawyer go on strikes for every small reason due to which the court remain close for 2-3 weeks which led to the delay in justice.

Vision 2020

The national legal services authority (NALSA’s) new executive chairperson justice NV Ramana released a vision 2020 document with its theme, mission access justice to all in which free legal aids are provided in every part of the country.

Reforms and solutions

  • Improving court efficiency
  • Decentralized judicial system
  • Fast track courts
  • Establishment  of dedicated and trained cadre
  • Embrace technology with vigour ( e courts and computerization of courts)
  • E-summons
  • 24/7 digital case filing

References

https://www.legalserviceindia.com/legal/article-3313-justice-delayed-is-justice-denied.html

https://www.hindustantimes.com/india-news/justice-delayed-is-justice-denied/story-dhIOSGMCpfRlFii8o6hQdM.html

https://ifp.co.in/4004/justice-delayed-is-justice-denied-pros-and-cons

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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