Legal and Judicial Reforms - Addl Inputs

Friends,

Our team will be meeting with Ministry of Law to discuss the Legal and Judicial whitepaper tomorrow. Below are the key issues, root causes and solutions that were outlined by the circle in the area of Legal and Judiciary in India. If you have any additional inputs, please respond within 24 hours by replying to this post.

Thanks for your continued participation!
Rajendra Pratap Gupta


Issues Identified:
1. The legal process is too long and Cases are dragged for years
2. Too many holidays for the court
3. A huge number of pending cases in the courts
4. There is a lot of corruption in the judiciary
5. Archaic laws which do not have any meaning now
6. Tremendous delays in delivery of justice due to a lethargic judicial system
7. The legal proceedings turn out to be very costly today
8. A lot of unhealthy tactics used by lawyers to delay cases
9. Loop holes are easily found in our existing legal system which is used by lawyers
10. Shortage of judges
11. Gram Adalat and Lok Adalat do not have enough powers
12. The legal curriculum is outdated
13. There is no limit to the adjournment of the cases
14. Most of the time, strict punishment is not given for grave crimes
15. Management of documents is not efficient
16. Filing an FIR is a difficult process
17. General public is afraid to go to the police
18. Laws are misrepresented by lawyers and judges

Root Causes Identified:
1. Over-burdened lower Judiciary
2. Lack of technological interventions in the process
3. Unavailability of alternative dispute redressal mechanism
4. Lack of proper infrastructure
5. No legal frame work for time bound justice deliverability
6. Large number of obsolete laws
7. Lower conviction rate due to non-professional investigation and prosecution
8. Computerisation of the system hasn’t been done fully yet
9. The reputation of the police department is not good in the eyes of general public
10. Police doesn’t want to file FIRs because then they become accountable
11. Lack of awareness about the judicial system among people
12. Law breakers are allowed to become politicians and they influence judiciary later
13. No limitation to the number of cases taken up per day in lower courts
14. The law is many a times misused by guardians of law
15. A lot of times the judiciary does not have sector expertise related to the cases which
hampers/ delays the verdict
16. The accused always has the option of appealing in the higher court
17. Low literacy rate doesn’t allow a lot of people to understand the judicial system
18. Laws are very complex
19. Corrupt nexus between lawyers and judiciary in the lower courts
20. Delay in filing well prepared charge sheet in courts by Police
21. The interpretation of laws is tough for general public

Solutions Identified:
1. More courts should be opened and more judges appointed
2. Number of court holidays should be decreased
3. Information technology should be used to ease the processes
4. The case files should be all computerised
5. More authority to be given to lower courts to close cases
6. The system should be given a better infrastructure
7. Cases should be put into different categories and every category should have a time limit in which each case is to be closed
8. More courts should be established in the Block level where family disputes/petty affair of crime/harassment/eve-teasing etc. could be dealt with
9. The reputation of the police should be worked on through different campaign. People should be made to understand that the police are there to help them
10. Online filing of FIR should be made possible
11. Media campaigns should be done to make people aware about the judicial system and its implications
12. People having criminal cases against them should not be allowed to contest elections
13. A set number of cases should be taken up by the lower courts everyday
14. Leaves for the judiciary system should be reduced
15. The liberty of judges to grant dates should be limited to maximum of 3
16. Judicial categories with sector expertise could be developed so that the cases could be closed quickly
17. The system of appealing in higher courts should be relooked at
18. Corruption in lower courts should be completely eradicated
19. Time limits should be specified for filing a charge sheet by police
20. Laws must be framed with absolute clarity and should have no room for misinterpretation
21. Lying in the court should attract heavy penalty
22. All Government offices where complainants go should be under CCTV monitoring
23. Old laws should be changed according to 21st century
24. Like IAS and IFS, another wing called IIS (Indian Investigative Services) should be launched
25. Some of the retired judges should be allotted responsibility of overseeing the lower courts and help in quick closure of cases
26. A separate tribunal should be created for the property cases since quick redressal is impossible
27. Release all under trials who have spent more time in jail than required by the committed crime
28. Amend law to punish all those who lie and change statement and use system to their advantage
29. Lok Adalats should be made standing, regular, full-fledged courts with their procedures being fast, simple and short and aimed primarily at mediation and conciliation
30. Fast speed Courts for females and children will solve a lot of problems
31. Legal advisory should be made freely available for poor people
32. Lawyers who do not appear in court, on date and in time, should be heavily fined. Recurrence could lead to disbarment
33. Medical certificates can be accepted only from court-authorized doctors/hospitals
34. False cases being brought to court should be a jailable offence. more  

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Our Legal And Judicial formation is very good but it is not applied in a proper manner.

First of all there must be disposal time limit of any cases submitted to the Judicial platform. If it is not followed and case disposal does not done within time period than there must be a penalty to be imposed upon Judges. If it is followed strictly than only our Legal system will come over from the burden of number of cases.

Second thing. Number of judges are very few against our country population and case pending. So new judges must be appointed for the smooth work.

And every one must follow the working time period as given than only our system will be improved.

Jai Hind... more  
Indian police Forces is to be just like Indian Military Forces when only there will be some body as Supreme to carry Justice . more  
ALL COURT ROOM ( LOWER COURT TO HIGHER COURT) should be under CCTV monitoring. more  
(1) Root Causes Identified: 10. Police doesn’t want to file FIRs because then they become accountable (2) 19. Corrupt nexus between lawyers and judiciary in the lower courts.
WHAT IS THE SOLUTION? more  
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