JUSTICE DELAYED, IS JUSTICE DENIED

INTRODUCTION

INJUSTICE ANYWHERE IS THREAT TO JUSTICE EVERYWHERE

MARTIN LUTHER KING JUNIOR

These words of Martin Luther King Junior clearly shows us idea behind justice delayed is justice denied. Justice means to protect ones right in the case of its violation. In a nutshell, justice is equated with equality. It plays an important role in punishing the convicts and supporting the victim of crime. The increasing rate of crime demands the attention of administration of justice in society. Justice is repeatedly used in Indian constitution synonymously to safeguard democratic ideals in our country. Free and independent judiciary is the custodian of our constitution.

PRESENT STATUS OF JUSTICE DELIEVERY SYSTEM

Nowadays, we can observe that there is a problem of complex legal system in the process of availing justice, which of course means the complete denial of justice. In fact as per our constitution, it is also contrary to the principle of natural justice. The theory of natural justice is the part and parcel of basic structure of the constitution. The long trials of court simply signifies the denial of justice in real time. The denial of justice can be seen due to many factors such as pendency of cases in courts. The cases are pending in courts from many years, especially in lower courts. As per the report of ministry of justice, more than 3.2 crore cases are still unheard. Low number of judges and court aggravates this situation even more. The infrastructure of the court is also very abysmal or worse. Long trials in courts often tends to suffocate the victim or family with the hope to have access to justice.

MEASURES TAKEN TO ENSURE FREQUENT JUSTICE TO THE PEOPLE

Surprisingly, in the year 2016, the then union minister of law and justice Sri Ravi Shankar Prasad, proposed to bring the system of Judicial Clock .It will create competitive judicial spirit among litigants to ensure frequent disposal of cases. The salary of judges have to be increased. The government also develop the infrastructure to court to provide excellent means to justice. The ranking of court as per its performance give impetus to judiciary.

Listing an optimal number of cases to be heard on a daily basis is vital to ensuring that judicial time is not spent on unnecessary adjournments and that lawyers are prepared for their cases knowing that they will be heard with certainty. Courts must work towards better case management frameworks to ensure that cases are scientifically listed taking into consideration the stage of the cases and the amount of time they would require to be heard. The Delhi high court recently took the lead on this through a pilot project in the district judiciary; the results of the project show that it is possible to decide cases in a short time frame with better case and judicial time management.

CONCLUSION

In order to change the thought of justice delayed is justice denied, the government should also uses technology and artificial intelligence to allow frequent disposal of cases. The record of the cases, and its evaluation should be done by the collegium of the supreme court to provide free and fair justice to the people living in the society. Hence justice must be availed to the last person in the que.

REFERENCE

The Hindustan Times

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