When Justice Is Bought And Time Is Sold

India's legal system, rooted in the Constitution of India, promises a range of rights and protections to its citizens, ensuring justice, equality, and the rule of law. These promises are both legal and moral commitments made by the state to uphold democracy and human dignity.

Article 21: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
The Supreme Court of India has interpreted this to include the Right to a Speedy Trial as an essential part of the right to life and personal liberty.

The Indian legal system recognizes the Right to a Speedy Trial as a fundamental right under Article 21 of the Constitution of India.

Important Supreme Court Judgments:

  • Hussainara Khatoon v. State of Bihar (1979)
    The court ruled that a speedy trial is a fundamental right of every accused person.
    Many undertrial prisoners were released due to excessive delays.
  • Sheela Barse v. Union of India (1986)
    Reaffirmed that prolonged detention without trial violates Article 21.
  • Kartar Singh v. State of Punjab (1994)
    The court emphasized that the right to a speedy trial extends from the stage of investigation to the final appeal.

Delayed Justice System in India

India's legal system, though vast and constitutionally robust, is plagued by delays in delivering justice. The phrase "justice delayed is justice denied" aptly captures the deep-rooted crisis in Indian courts today. As of 2025, more than 5 crore cases are pending across courts — from the Supreme Court to the District Courts. Some cases have been dragging on for decades, causing immense mental, emotional, and financial strain on victims and accused alike.

Major Causes of Delay:

  • Overburdened Judiciary: Too few judges for too many cases.
  • Frequent Adjournments: Cases are postponed repeatedly without valid reasons.
  • Lack of Infrastructure: Courts often lack proper staffing, digital tools, and facilities.
  • Inefficient Investigation: Delays in police reports and poor quality of evidence.
  • Corruption & Red Tape: Bribes and influence can slow or manipulate proceedings.

Consequences of Delay:

  • Undertrial prisoners languish in jails without conviction.
  • Victims lose hope, and sometimes even their lives, waiting for closure.
  • Public trust in the judiciary erodes, leading to mob justice and vigilante violence.
  • Economic and social development suffers, as disputes over land, contracts, and businesses remain unresolved.

Landmark Judgments:

  • Nirbhaya case: Took 7 years from crime to execution, despite fast-track court.
  • Ayodhya case: Resolved after nearly 70 years.
  • Bhopal Gas Tragedy: Justice and compensation took decades.

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