The concept of justice is an integral aspect of any society, and it is the
fundamental responsibility of the judicial system to provide justice to the
victims of crimes.
However, the Indian judicial system's delay in delivering justice has become a
recurring issue, leading to a growing dissatisfaction among the citizens. The
recent incident where a rape victim was convicted after 17 years of trial is a
harsh reminder of the need for speedy justice delivery.
As I took a sip of Tea in Delhi High Court canteen, I saw a news flash on the
television that a rape victim was convicted after 17 years of trial. The news
was disturbing, and my curiosity led me to have a conversation with the victim.
The victim, contrary to my expectations, was not happy or relieved with the
decision. The long delay in the decision-making process left her with a feeling
of despair. The quote, "Justice delayed is justice denied," rightly came to my
mind.
The Indian judicial system has come under scrutiny in recent years due to the
prolonged process of delivering justice. The lengthy trials, procedural delays,
and the backlog of cases have resulted in the justice system becoming
frustrating and an arduous process for the victims.
The incident mentioned above is just one among many such cases that linger on
for years, and the victims remain bereft of justice. In a democracy, it is the
judiciary's responsibility to protect the human rights of every citizen and
bring justice to victims of crimes.
In the face of incompetency and inefficiency in the justice delivery, it falls
upon the judiciary, the legal fraternity, and the government to take swift and
constructive steps to restore the public's faith in the judicial system.
The process of speedy justice delivery is a collective responsibility of the
advocates and the Hon'ble Judges. Advocates play an essential role in ensuring
that the justice delivery process is swift, as they are the primary
representatives of their clients. They can file petitions, put case summaries in
front of the judges and present the evidence that aids in the conviction of the
criminal.
They play a vital role in expediting the judicial process by presenting the
cases in front of the judges convincingly. On the other hand, Hon'ble Judges
have the responsibility to ensure that justice is delivered on time.
During the hearings, judges can ensure efficient and thorough hearings,
streamline the documentation process, and appropriately allocate resources to
expedite the trials. The judges must provide specific timelines for the trials
and follow due diligence, assertiveness, and fairness during the judicial
processes.
The judicial system needs to thrive on the principle of justice delivery that
upholds the dignity and the rights of the victims. The judicial processes need
to be streamlined and made efficient, with a priority placed on speedy and just
convictions. Public faith can be restored in the judiciary only when the
victims' voices are heard, and the long-pending cases are dealt with swiftly.
Furthermore, the government needs to put in place adequate resources to enable
the timely processing of cases. The judicial system requires the allocation of
additional judges, adequate infrastructure, and the creation of specialized
tribunals to deal with specific cases. These measures will go a long way in
providing relief to the citizens seeking justice.
The recent incident in Delhi High Court canteen reiterated the need for speedy
justice delivery in India. Justice delayed is justice denied. It is the
responsibility of the advocates, Hon'ble judges, and the government to take
cognizance of the matter and work towards streamlining the justice delivery
process. It is only then that the judiciary will be successful in rebuilding the
public's faith in the justice system, and victims will receive justice on time.
Justice denied is a consequence of delayed proceedings, which renders any
decision useless if it comes too late. Therefore, it is the responsibility of
both advocates and Hon'ble Judges to expedite the justice delivery system to
maintain the people's trust in the judiciary.
Written By: Ajay Amitabh Suman, Patent and Trademark Attorney
Hon'ble High Court of Delhi
Ph no: 9990389539,
[email protected]
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