Day 7 – Q 2.“Justice delayed is justice denied”. Elucidate. In this regard, examine the significance of alternate dispute resolution mechanism in India.
2. “Justice delayed is justice denied”. Elucidate. In this regard, examine the significance of alternate dispute resolution mechanism in India.
“न्याय में देरी न्याय से वंचित है”। स्पष्ट करें। इस संबंध में, भारत में वैकल्पिक विवाद समाधान तंत्र के महत्व की जांच करें।
As per National Judicial Data Grid, there are 4.2 million cases pending in the High courts in India. This pendency deprives people of their right to access to speedy justice under Article 21.
How delay causes denial of justice:
This part can be divided into:
- Social: Grant of bail to the accused, while victim still suffers like in rape cases. Death of victims over the years in case of long pending cases of over 10 years like in Uphaar cinema case.
- Psychological: Causes immense trauma on victims as they suffer silently.
- Economic: Financial suffering for the poor victims due to over-burdening fees of lawyers whereas the wealthy accused having deep pockets remain out of jail.
- Legal: Victims might go/approach for illegal activities to take revenge. E.g: Naxalism, Organized crime etc.
- Others: People’s trust on judiciary will get severely affected and they might look for alternatives.
Reason for delayed justice:
- Vacancy and strength of judicial officers.
- Hierarchy and appealing in higher courts take time.
- Shortage of qualified lawyers.
- Vested interests, revenge motives and bogus cases.
To improve rate of cases resolution, Alternate Dispute Resolution mechanism has been suggested, which involves use of arbitration, mediation, conciliation, negotiations etc.
- Less technicalities that ensures parties to understand the case and freely discuss it.
- It is based on the principle of natural justice rather than on Civil Procedure code.
- Faster closure of cases which indirectly reduces burden on higher courts.
- Mediation works to ensure satisfaction of both parties, thus no one gets the feeling of losing.
- Less expensive due to fast tracking of cases and minimal or no lawyer fees.
Despite its numerous benefits, ADR mechanism cannot be used for all cases, like those involving heinous crimes and thus the need of fast track courts, filling of vacancies of judges and legal ethics for lawyers to reduce adjournments is the need of the hour.
Best Answer: Tshrt