Riya, who is a daily-wage worker struggling to make ends meet for herself and her family. One day, she becomes a victim of physical assault and robbery by a group of individuals from a local influential family. Riya, determined to seek justice, decides to report the incident to the police.
Riya goes to the police station to file a complaint against the perpetrators. However, due to her poor financial status and lack of connections, she faces indifference and skepticism from some police officers who are reluctant to pursue the case against the influential family.
Despite facing obstacles, Riya perseveres and keeps pushing the police to take action. She goes to the police station repeatedly, providing all the information she can gather and identifying the perpetrators to the best of her ability.
After an arduous process, the case is finally assigned to a public prosecutor through Legal Aid provided under Article 39A of the Indian Constitution. While the prosecutor genuinely wants to help, they are overloaded with cases and have limited resources. They may not have enough time to thoroughly investigate the matter, leaving gaps in the evidence presented in court.
The case reaches the courts, but due to the backlog of cases and slow pace of the judiciary, Riya’s case faces delays in getting a trial date. Riya, being poor, is unable to afford a private lawyer and solely relies on the public prosecutor.
The defendants, belonging to an influential family, have access to high-profile lawyers who exploit legal loopholes to drag out the proceedings. They also use their influence to pressure witnesses and intimidate Riya and her family.
The public prosecutor, dealing with numerous cases, is unable to dedicate enough time and attention to Ria’s case. This lack of personalized attention and resources could hamper the strength of the case presented in court.
Riya and her family face threats and intimidation from the defendants, making it challenging for her to pursue the case further. She fears for her safety and the well-being of her family, leading her to consider giving up the fight for justice.
After months of tireless efforts, Riya finds herself exhausted and frustrated with the justice system’s slow progress and the daunting challenges she faces. She contemplates abandoning the case due to emotional and financial strain.
Ria’s lack of financial resources and social connections, coupled with an overloaded and underfunded public prosecution system, results in a challenging battle for justice. The case illustrates the systemic difficulties faced by the poor in seeking justice and highlights the need for comprehensive reforms to ensure a fair and efficient legal system for all individuals, regardless of their socioeconomic status.
ABSTRACT
Poors are unaware about their legal rights and basic fundamental rights given by our constitution that has been misused by the powerful wealthier people. Due to illiteracy the poors are unaware of their legal rights. Article 39A FREE LEGAL AID[1] has been provided by our constitution to underprivledge people but at the same time the work of the govt. officials towards the bribe system that has been offered by them is peaking up. The one who do not have money in pocket always lacks around as the result this often leads to the one of being found guilty.
In this article the loopholes of judiciary system, situation of poor and how things can improve in our judiciary system will be analysed in a deatail manner with facts and details.
INTRODUCTION :-
It is very important for advocacy as well as judiciary to recognize the marginalized communities and work towards them. There should be an easy way so that people who have mistakenly came to court for their matters can go easily by having full trust in our judicial system. Today, lawyers are also running for the wealthier clients so that they can be paid more. What is the meaning of the word advocacy? A course of action or belief, a lawyer should try from lowest to highest court that exist but try to exhale the matter and give comfort to the client that when no one was standing advocacy was with me, that might give a sense of faith not only in that poor mind but can impact a socitial view.
There is always a blind cloth on that statue held in each and every court in India because of no discrimination can be done but where is our judicial system going on? Is it a practical thing happening around? It not seems to be. If one person go around to some jails as per the research 85% people who are convicted are found poor or the people who were not able to heir good lawyers always suffers. Article 14[2], 21[3], 39A and article 22[4] lays down the provision for free legal aid as a matter of right to persons who are due to financial reason cannot afford to engage a counsel. Over 70% population is below poverty line but only 12% opt for legal aid. What does the population between 12% to 70% do? A question asked by Justice U.U lalit.[5]
JUDICIARY SYSTEM IN INDIA
The last75-year experience has showcased very well that addressing some fundamental issues–quick and inexpensive justice and protecting the rights of the poor and the vulnerablehave been denied. The justice delivery system is on the verge of collapse as over 47 million cases clogging in the system, this backlog leads to long waiting periods for case hearings, delaying justice for both civil and criminal matters. And there are also cases where the person is dead but not his case, it is passing to the generation. There is a very famous saying in our culture, ‘saat puste baith ke khaengi’ so we can say ‘saat puste court ke chakkar katati rhengi.’
Every year more than 60 lakh crime cases are getting registered. Due to the covid, these cases have been peaked and according to the N.C.R.B. data, the cases have been rosen to 29% from 2019 to 2021.[6]
As of today, 4.92 crore cases are pending before our courts[7], The majority of the cases pending in the Indian judiciary are at the level of lower courts, including district courts and magistrate courts. These lower courts are often overwhelmed, leading to substantial delays in case resolution. According to the National Judicial Data Grid, many cases in India remain unresolved for years and sometimes even decades. Prolonged delays severely affect the poor, who may not have the means to bear the financial and emotional burden of an extended legal battle.
India has a significant shortage of judges compared to the volume of cases. As of 2021, there were only about 20 judges per million people, resulting in an overburdened judiciary that struggles to expedite case proceedings[8]. If we analyse the data on vacant seats, then we can check the recent report by the law ministry, according to which 19,858 judges are working against the sanctioned strength of 25,246 judges in the “district and subordinate courts”. A total of 5,388 posts of judicial officers are vacant in the lower judiciary.
Around 86 lakh persons get arrested every year and over 2500 are victims of custodial violence including deaths and torture in police custody. Many underprivileged individuals are unable to afford bail, leading to pretrial detention for prolonged periods. This practice can lead to injustices, with individuals serving time even before their guilt is proven.
PROBLEM POOR FACE TO GET JUSTICE :-
Delay in justice for the poor is a pressing issue in the Indian judiciary system, leading to significant disparities in accessing justice. Here are some facts and analysis that showcase the lag in the Indian judiciary system concerning the poor
The poor often struggle to afford legal representation and other associated costs, which can result in inadequate legal aid and representation. This financial disparity hampers their ability to effectively navigate the legal system and contributes to delays.
The poor face difficulties in accessing courts, especially those residing in rural and remote areas. The lack of adequate transportation and communication infrastructure makes it challenging for them to appear for court hearings, further delaying their cases.
Lengthy and complex legal procedures can be overwhelming for the poor, making it challenging for them to navigate the system effectively. This complexity can further exacerbate the delays they face in receiving justice.
Disparities in the quality and efficiency of the judicial system are often more pronounced in rural areas. Poor individuals living in rural regions may encounter more significant delays in comparison to their urban counterparts.
Addressing the delay in justice for the poor requires comprehensive reforms aimed at reducing the backlog of cases, improving the efficiency of the judiciary, and ensuring greater accessibility to legal aid for the underprivileged. By bridging these gaps, India’s justice system can work towards providing equal and timely access to justice for all its citizens, regardless of their socioeconomic status.
INCIDENTS WHICH MANIFESTED LOOPHOLES :-
The brutal gangrape and murder of a young woman in Delhi in December 2012 shocked the nation and triggered widespread protests demanding justice. The case went through several rounds of trials and appeals, and it took nearly seven years for all the accused to exhaust their legal options.
Finally, in March 2020, the four convicts were executed. These cases highlight the challenges and delays in the Indian judicial system, including factors like the complexity of the cases, legal loopholes, extensive court proceedings, political and societal pressures, and the need for substantial evidence to secure convictions. They also underscore the importance of timely and effective justice delivery to uphold the rule of law and protect the rights of the victims and their families.
The problem of our judiciary system is that they don’t want to dig deep to the current issues, according to the data more than 40% lawyers who are registered as a free aid lawyer are not working or remaining 60% are always not interested in hearing cases so what will a poor do. As a result the poor person has to go to a private lawyer that comes with heavy demand that a poor man cannot afford even at a cost of mortgaging or selling their property. Legal aid needs to give such people confidence. This is frankly a stain on our society. One of the case related to poverty is Bearden vs. Georgia, in this case U.S. Supreme Court considered the issue of whether a convicted felon could have his probation revoked as a result of not being able to pay fine and the court ruled that there are alternative methods of punishing besides imprisonment of fine. This complex and cross cutting intersectional nature of poverty can be recognized in discrimination law not only by reading poverty as a ground, but also by opening up ways of thinking about poverty as central to our conceptional understanding of equality and non discrimination per se. This ardent examination aims to shed light on how economic disparities exacerbates inequalities in a realm primarily built to accommodate the financially privileged. Poor might not be able to gather expert witnesses or even not able to attend the court proceedings due to logistical problems so individuals with weathy status can dedicate more time, means and money to build a robust case against that person. Judges also unconsciously associate poverty with criminality and make judgments influenced by personal biases. From this text remembering one case of Kaleif Browder, he was young American guy who spent 3 years in pretrial detention for allegedly steaking a backpack. He was unable to unable to afford bail as a result suffered abuse, violence while awaiting trial. But the harsh reality is this that charges on him were inappropriate and this leads to trauma, leading to his tragic suicide. The challenges faced by the poor in the legal proceedings as it is such a complex process that a normal human being is unable to deal with it i.e barriers to filling appeals, difficulties in preparing for legal proceedings , social and geographical limitations etc. This leaves individuals in these communities without vital support and this leads widening more gap between the elite class and the poor. Judiciary doesn’t always found in a pot hole police also do not work properly regardless of poor because they also see them from the eye of suspect and try to make statement come from the side of poor so that case can be closed easily without any verifications. Now question arrised that what is the meaning of the writ Habeas Corpus ? – you should have the body and here no bodies are present infront of the court because of the non registration of FIR i.e first information report by the police, it is contrary to law but what to do they are coming with the tag of poor on their head and no one wants to hear them. Now this is the time where legal proceedings must to be held from time to time where we can tell them that if police is ignoring you and not filling FIR so you have the right under Section 154 of the Criminal Procedure Code that discloses commission of a cognizable offence , that police officer himself commits an offence under section 166A of the IPC. Further the investigation has to be fair, prompt, transparent and judicious to both the victims and the person accused of crime. In Sakiri Vasu v. State of UP case[9], the Supreme Court said that if a magistrate thinks proper investigation is not being done by the officer-in-charge of a police station , the magistrate can certainly direct the officer to make a proper investigation and can also monitor the investigation. So the complainant/victim of a crime can apply to the concerned magistrate for monitoring police investigation and then magistrate has the power to issue appropriate directions for speedy completion of the investigation. Regardless of ignoring the law the police officer can be punished with imprisonment for six months to two yers under Section 166A of IPC,1860. All these information need to be delivered in the legal counselling sessions so that poor can also come to the court freely and file a case against his/her problem.
INDIA AND OTHER COUNTRIES :-
Comparing the delay in justice delivery across countries is a complex task, as it involves considering various factors like the legal system, judicial infrastructure, caseload, and cultural factors. Additionally, data on judicial delay may vary based on the specific time of analysis and available resources. Here’s a general overview comparing India’s justice delivery system with some other countries:
India:
India has a vast and diverse judicial system, with numerous courts at different levels, including the Supreme Court, High Courts, and District Courts. One of the significant challenges in India’s judicial system is the enormous backlog of cases. It is estimated that millions of cases are pending across all levels of courts, leading to significant delays in case disposal. The shortage of judges and support staff, along with outdated technology in some courts, contributes to delays in hearings and judgments. The average time taken to resolve a case in India can range from several years to decades, depending on the complexity of the case and the court’s workload.
United States:
The United States has a federal system of courts, including the Supreme Court of the United States, Courts of Appeals, and District Courts. While the U.S. also faces some delays in justice delivery, it generally has a more robust and well-resourced judicial infrastructure compared to India. In some high-profile cases or those involving complex legal issues, appeals and legal proceedings can take several years to resolve.
United Kingdom:
The United Kingdom’s legal system is based on common law, and it has a well-established court structure, including the Supreme Court, Court of Appeal, and various lower courts. Compared to India, the UK generally experiences shorter delays in justice delivery. However, there may still be variations depending on the nature of the case and the court’s caseload.
Canada:
Canada has a similar legal system to the UK, and its judiciary consists of the Supreme Court of Canada, Courts of Appeal, and lower courts. While Canada generally maintains a relatively efficient justice delivery system, some backlog issues may arise in certain courts or regions.
Factors Contributing to Delays:
- High caseloads and insufficient court capacity can lead to prolonged delays in justice delivery.
- Lengthy legal procedures, including repeated adjournments, can slow down case resolution.
- Different countries may have varying legal cultures that affect the pace of litigation.
- Adequate allocation of funds and resources to the judiciary is crucial for timely case disposal.
- Availability and affordability of legal representation can impact the speed of proceedings.
- Efficient case management systems can help expedite justice delivery.
It’s important to note that while comparing countries, we should consider their unique legal systems, societal contexts, and historical developments. Additionally, judicial reforms and initiatives in various countries might be continually evolving, affecting the comparative analysis of their justice delivery systems.
WAYS TO REFORM JUDICIARY SYSTEM
- Increasing the number of courts, judges, and support staff to reduce the backlog of cases and ensure timely justice delivery.
- Implementing technology solutions like e-filing, video conferencing for hearings, and case management systems to improve efficiency and accessibility.
- Introducing specialized courts for certain types of cases and providing continuous training for judges to enhance their expertise.
- Encouraging the use of ADR mechanisms like mediation and arbitration to resolve cases faster and reduce the burden on courts.
- Enhancing the capabilities of lower courts to handle a larger share of cases and reducing the workload on higher courts.
- Promoting transparency in judicial appointments, proceedings, and judgments, along with a system for judicial accountability.
- Educating the public about their legal rights and avenues for seeking justice, which can lead to a reduction in frivolous litigation
- Ensuring access to legal aid for underprivileged and marginalized sections of society to promote inclusivity and fairness.
- Identifying the root causes of delays and implementing measures to expedite the disposal of cases.
- Reviewing and updating existing laws to ensure they are in line with the evolving societal and legal landscape.
- Safeguarding the independence of the judiciary from political or other external influences.
- Establishing fast-track courts for time-sensitive cases, such as those related to sexual offenses or heinous crimes.
- It’s essential to involve all stakeholders, including the judiciary, legal experts, lawmakers, and civil society, in the reform process. Implementing these changes would require careful consideration, comprehensive planning, and adequate resources.
CONCLUSION :-
Today we can see many articles around the corner giving the solution for a problem or debating on that issue but when it comes to implement that solution no steps are being taken, Bar Counsil of India should organize more and more legal counselling sessions for those who are unaware about their legal rights and are being ignored continuously by the Free Legal Aid officers for their own sake. Poor people live their entire life in fear that they are more likely to be the victims of the crimes than the affluent. This type of involvement of the poor in crime can be prevented by taking certain measures such as education and employment. Although there are provisions in the constitution of india for the betterment of poor but just a law cannot suffice the purpose it has to be implemented. There are many human rights that are being provided by our constitution of India are also been prevailed from getting to poor because of lack of access to legal aid and quality legal representation. Bias and prejudice undermine their human rights by denying them equal protection under the law, fair treatment and opportunities for socio-economic advancement.
[1] Article 39 in the Constitution of India 1949, available at: https://indiankanoon.org/doc/555882/
[2] Article 14 in The Constitution Of India 1949, available at: https://indiankanoon.org/doc/367586/
[3] Article 21 in The Constitution Of India 1949, available at: https://indiankanoon.org/doc/1199182/
[4] Article 22 in The Constitution Of India 1949, available at: https://indiankanoon.org/doc/581566/
[5] Poor being bled dry by litigation: Justice Lalit, available at: https://www.thehindu.com/news/national/70-of-population-below-poverty-line-but-only-12-opt-for-legal-aid-justice-lalit/article65794752.ece#:~:text=%22Over%2070%25%20population%20is%20below,suffer%2C%22%20Justice%20Lalit%20highlighted.
[6] Crime in India, available at, https://ncrb.gov.in/sites/default/files/CII-2021/CII_2021Volume%201.pdf
[7] over 4 Crore Cases Pending In Trial Courts; More Than 60 Lakh Backlogs In High Courts : Law Ministry, available at, https://www.livelaw.in/top-stories/over-4-crore-cases-pending-in-trial-courts-more-than-60-lakh-backlogs-in-high-courts-law-ministry-233926
[8] The clogged state of the Indian judiciary, available at, https://www.thehindu.com/news/national/indian-judiciary-pendency-data-courts-statistics-explain-judges-ramana-chief-justiceundertrials/article65378182.ece
[9] Sakiri Vasu vs State Of U.P. And Others on 7 December, 2007, available at, https://indiankanoon.org/doc/1836621/
Author Name – Sakshi Agrawal (University Of Allahabad) & Vibhansh Soni [Christ (Deemed to be University), Pune Lavasa Campus]
