Justice Delayed Is Justice Denied

In the present scenario of the Indian legal and judicial system, denial of justice to the trial prisoners in India is the sole responsibility of a slow disposal system. The right to a speedy trial which is a part of our fundamental rights is the essence of the Indian Criminal Justice system. Failure to take necessary measures results in loss of faith in the people from the judicial system as well as it uncertainly undermines the foundation of the Criminal Trial Jurisprudence. Justice must prevail for all and it should be understood that the innocent ones don’t suffer while the criminal rides freely without any guilt. Justice should be delivered within a reasonable time period. Both parties should be heard which is the basic part of any justice system.

HISTORY

Access to Justice is one of the human rights conferred by the common law and exists unless it is abridged away under a valid exercise of statutory authority or constitutional power of the legislature. Magna Carta which became the initial source of the British Constitution represents the commitment to Rule of law and ensures that the king is not above law. Securing justice economically, socially and politically to all the citizens is one of the greatest essences of the Indian Constitution.

POSITION IN INDIA

[1]Justice is the legal redress available to a party that has suffered some amount of injury. An analytical study towards the Indian Justice system reveals two enemies of the Administration of Justice: Uncertainty Delay and Cost. Reason one seeks the Court of Law to get justice. The actual abuse of law resides in the highest pendency of cases. According to the national crime records bureau, 90% of cases remain unsettled or gets dismissed because of surpassing the time period mentioned for a particular case. A speedy trial is an integral and essential part of the fundamental right of the Right to life and liberty enshrined under Article 21 of the Indian Constitution. Moreover, the procedure should be reasonable and fair. The Constitution recognized the importance of access to justice in courts, particularly for approaching the High Court under Article 226 and the Supreme Court under Article 32. The right conferred under Article 32 allows a petition to the Hon’ble Supreme Court to enforce and protect the Fundamental Rights of citizens. Further, according to Article 39-A of the Indian Constitution, the Right to access Courts includes the Right to Legal Aid and engage counsel which was introduced under the 42nd Amendment Act, 1976. It provides that the state shall secure the operation of the legal system to promote justice on the basis of equal opportunities and shall provide free legal aid services to ensure that opportunities for securing justice are not denied to any citizen by any reason or any disabilities. Delay in police investigation is also another reason due to which cases linger on for years. It is, therefore, necessary to create an independent wing of a police force, fully in charge of crime investigation and well-functioning under the direct contract of independent prosecutors. There should also be coordination between police and prosecuting agencies. To lessen the burden of cases we may also introduce the concept of ‘Plea Bargaining’ by decriminalization those who did wrong and can be dealt with compensatory remedies (compensation to the victims like in Law of Tort).

IMPACT OF DELAY IN JUSTICE

As per many noted incidents regarding the delay of Justice throw light on many major problems. We seek the Court of law for the purpose of achieving justice but due to the lack of a speedy system, the system leaves us disappointed and people end up losing faith in the Indian Criminal Justice System. Due to such issues the party which is weak either compromises on the conditions of the other party or loses all the remedies. Hence, the wrongdoer takes the advantage and benefits from it and without any guilt and shame roams around freely.

PIL FOR ENSURING JUSTICE

PIL means Public Interest Litigation which denotes legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community has a financial interest or other interests by which their legal rights are affected. PIL’s explicit purpose is to deal with matters affecting larger public interests. Transparency in public life and fair judicial action are the right answers to keep in check the increasing menace of violation of Legal Rights. [2]PIL means Public Interest Litigation which denotes legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community has a financial interest or other interests by which their legal rights are affected. PIL’s explicit purpose is to deal with matters affecting larger public interests. Transparency in public life and fair judicial action are the right answers to keep in check the increasing menace of violation of Legal Rights. The traditional rule of “Locus Standi” says that a person whose right has been infringed alone can file a petition, has been considerably relaxed by the Hon’ble Supreme Court in its recent decisions. Now, the Supreme Court permits Public Interest Litigation at the instance of “PUBLIC SPIRITED CITIZENS” for the enforcement of Constitutional and Legal Rights.

JUDICIAL REVIEW BY CONSTITUTIONAL COURTS IN INDIA

In India, the power of judicial review extends to the validity of legislation, subordinate legislation and all administrative actions by Federal and State Governments of the public-sector undertakings, statutory authority, and local bodies. The definition of “Law” for the purpose of Article 12 of the Indian Constitution which has also conformed to Fundamental Rights is very wide. The High Court and also the Hon’ble Supreme Court are vested with the jurisdiction to issue various ordinances and take penal actions. Thus, in India, every person whose constitutional or statutory rights are violated has the right to approach the courts. Further, the Constitution requires that the Government shall act to the aid of the Supreme Court of India.

COURT FEES

Yet another aspect of “Access to Justice” is the entire system of demanding court-fee from the parties. Lord Macaulay, who headed the Law Commission of India 150years ago, declared that the preamble to the Bengal regulation 1795 was ‘absurd’ when it stated the high court-fee which was intended to drive away from various vexatious litigants. Starting from the 14th Report, The Law Commission has been repeating its argument that the increase in court-fee to prevent vexatious litigants cannot be accepted. Thus, in such situations, free legal aid services should be provided to seek justice. In such a manner every citizen will get justice. In the State of Chhattisgarh, the fixed court fee is Rs. 500/- which is to be paid when the plaint is present before the court of Additional District Judge as stated under Article 17 schedule (ii) where the declaration is sought for consequential relief.

CONCLUSION

There should be a prescribed time limit for adjudication. There should be a set uniform format for appeals and petitions. The judgment should be clear and must provide justice to the needy party. Justice must not only be done just so that it seems to be done. After all, procedural law is meant to further ends of Justice.[3]There is a need to establish a body at a national level, compassed of judges, lawyers, legal academics which should be charged with the duty to conduct examination for the recruitment to Indian Judicial Services. Our Criminal Justice system has urgent requirements for the independent investigation agency. Without justice life would not be possible and even if it were not been properly done it would not be worth living. Laws are made for every citizen and everyone is equal in the eyes of Law. In the meanwhile our Preamble itself declares-

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC

and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith, and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual

and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth of November, 1949,

do HEREBY ADOPT,

ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

[The author, Upasana Borah is a 4th Year law student at NEF LAW COLLEGE, ASSAM affiliated to Gauhati University]

1. https://quizlet.com/230794964/americas-courts-and-the-criminal-justice-system-chapters-5-9-flash-cards/
2. https://www.scribd.com/document/310898103/Jurisprudence-Proj
3. https://www.scribd.com/document/25313396/Justice-Delayed-is-Justice-Denied