Culture Of Adjournment Painful To Poor Litigants : President Droupadi Murmu Raises Concerns About Judicial Delays
Gursimran Kaur Bakshi
1 Sep 2024 3:39 PM GMT
If someone gets justice after decades, there would hardly be any happiness left in that person, she said.
Today, the President of India Draupadi Murmu addressed the valedictory ceremony of the two-day National Conference of the District Judiciary. The conference was organised by the Supreme Court to mark the 75th year of its establishment and was attended by 800 judges across India.
During the ceremony, the President unveiled the new flag and insignia of the Supreme Court to mark its 75th year.
President Murmu stated: "In the 75 years of the Supreme Court establishment, the Supreme Court has played a seminal role in being the protector of the justice system of the world's biggest democracy. It has taken the country's jurisprudence to the highest pedestal. I am thankful for the contribution of everyone, from the past and the present. It is my pleasure to unveil the flag and the insignia marking the 75 years of the Supreme Court establishment. The insignia of the Supreme Court has been inscribed with Sanskriti Shloka 'यतो धर्मस्ततो जय' which occurs many times in the Hindu epic Mahabharat. It means 'where there is Dharma, there is victory'."
She added: "I am very impressed with the fact that to mark 75 years of the Supreme Court, the Apex Court has organised various programmes that will ensure that the people continue to trust the judiciary. I extend my appreciation to the Supreme Court and its team in this regard."
"To have hope and faith in the justice delivery system has been a part of our tradition. A very famous Hindu poet Munshi Premchand's story Panch Parmeshwar is available in almost all Indian languages including English...What Munshi Premchand wants to convey in this story is that the one responsible for dispensing justice must ensure impartiality. All judicial officers in our country have the paramount duty to dispense justice with truth and righteousness."
President Murmu also expressed appreciation for the Supreme Court organising Lok Adalats.
Pending cases and backlogs
She further added: "Conferences like the present one should be organised every two to three months considering the pendency of cases we have...The pendency of cases and backlogs is a big challenge faced by the judiciary. This issue should be given priority...I appreciate that one of the sessions of the Conference was dedicated to discussing the issue of case management. I believe the discussion will definitely have results."
President Murmu also appreciated that the courts have considerably improved in terms of administration, infrastructure, facilities, and manpower. But she added that there should be rapid development in all aspects.
Specifically addressing the selection of women in the judiciary, she said: "I am very happy to know that the selection of women as judicial officers has increased. Because of this, in many States, the selection of women judicial officers is more than 50 percent.
President Murmu also addressed the various challenges faced by the judiciary and stated that all stakeholders will have to make a considerable effort to address these.
She said: "For example, issues concerning evidence and witnesses should be addressed by courts, government and police together."
Juvenile justice
President Murmu added: "It is a sad reality that some people who commit crimes roam free. Those who are victims of their crimes live a fearful life as if they are the ones who have committed crime. Women victims suffer the worst in such cases because even the society leaves them alone to deal with the issue. Sometimes, my attention is diverted towards the children of convicted mothers and juveniles. The children of these mothers have a whole life ahead. What are we doing for the well-being of these children? The discussion over these issues should be our priority. Juveniles are also the ones who have just began their lives."
President Murmu suggested that we should prioritise giving legal aid to juveniles.
Culture of adjournment
Further, President Murmu added: "I have seen people from villages are afraid of going to courts. The poor only become a part of the justice system when their situation compels them. He easily accepts injustice because he feels that seeking justice would make his life more painful. For him to travel to the court from village itself becomes a mental and physical torture. In such conditions, the tradition of alloting dates after dates, that is the culture of adjournments, is so painful for a poor person. Many cannot even imagine the pain they go through. Every step should be taken to improve this situation."
Black court syndrome
President Murmu told the audience that they must have heard about "white coat" syndrome, where the patient's blood pressure increases in the presence of doctors.
She said that common people, face same similar plight in courts where they go with the hope to seek justice but are only given further dates. Therefore, it wouldn't be wrong to term it as 'blackcoat syndrome'.
President Murmu said: "Those who are victims of sexual offences like rape come to the court after a considerable period of time, they feel that the justice system is not sensitive towards them."
How much should one endure to get justice?
President Murmu told the audience that people in the village consider courts and judges as Gods because they dispense justice.
She said: "There is a saying-Mills of the god grinds slowly, but they grind exceedingly fine. But how slow? 32 years? 20 years? If someone will get justice after 32 years, there would hardly be any happiness left in that person."
President Murmu concluded by stating that she is glad that Section 479 of the Bharatiya Nagarik Suraksha Sanhita would be applied retrospectively.
As per Section 479 BNSS, undertrials can be released on bail if they have undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law.
The proviso to Section 479 BNSS introduces a new relaxation for first-time offenders (who have never been convicted of any offence in the past). As per the proviso, they shall be released if he/she has undergone detention for the period extending up to one-third of the maximum period prescribed for that offence. Comparatively, the time prescribed under the corresponding provision of the Code of Criminal Procedure, Section 436A CrPC, was one-half of the maximum period.
