India, the emerging great power on the world scene, at the time of its inception as an independent country, vowed to deliver justice to all its citizens without fear or favour. After 62 years of independence there is an increasing perception that we do severely suffer from lack of this sterling requirement of a civilized society which is so basic to our progress as an honourable nation. These points were forcefully stressed on Sunday by our Prime Minister Dr. Manmohan Singh, Chief Justice K.G. Balakrishnan and Law Minister Virappa Moily in the conference of Chief Justices and Chief Ministers held in New Delhi. Grave concern for the backlog of the staggering three crore cases in our courts was expressed by the three leading lights of the country. The Prime Minister minced no words and called this backlog a scourge as it tarnishes the very process of delivery of justice. Imagine three crore cases which may have at least 12 crore litigants who are nursing different types of grudges against each other. Roughly it names at least 10 per cent of population is in the throes of anger and enmity. Prime Minister assured that the Government will do everything to make delivery of justice as prompt and affordable as possible. He said that if judiciary takes one step to clear the mess the Government will support it with two steps. Surely a very valuable assurance from the highest authority of India. Let us hope that he will do his best to implement it expeditiously.
Chief Justice lamented the slow delivery of justice and said that the courts are not keeping up with the speed of increasing number of cases. As an example he quoted that sessions courts of Delhi are equipped to dispose of 250 murder cases in a year whereas 380 murders take place every year in Delhi. In this way a backlog of 130 murder cases is added to the pending cases every year. What he pointed out further is more alarming. According to him, five lakh murder cases form part of 1.94 crore criminal cases pending in the various courts. If this is the position of cases of the most heinous crime of murder, you can imagine what would be the position of other criminal cases, which are bound to move slowly.
There is a grave danger facing the country. If litigants in particular and people in general get frustrated with our justice delivery system, they would be forced to take law in their hands, and it is already happening. If this situation continues, there would be no rule of law, the law of jungle will prevail which will undo all our achievements.
Assurances and no follow up with concrete steps had been the practice of our leaders. Let us not expect it at least from our judiciary. Why vacancies are not being filled and why new courts are not being established. This is a question which first of all the Chief Justice should answer.
Another disturbing aspect is the number of 1.7 lakh undertrials who are languishing in our jails in pitiable and inhuman conditions. Most of them are accused of committing petty crimes. In most of the cases they would have been out of jail even if they had been punished for their alleged crimes. Informed sources assert that the jail authorities have vested interests in keeping their jails full to the brim as they can utilise, by corrupt means, the food and other allowances, which are legally sanctioned for these hapless undertrials. A number of these frustrated undertrials come out of jails as hardened criminals. These jails, because of their inhuman environment, have become training centres for making criminals.
Injustice and democracy, and injustice and humanism are not compatible. If we want to save and strengthen our democracy and more than that our humanness, we must address, with all sincerity, this problem of world’s largest backlog of court cases.