Indian judiciary system, which encompasses laws and rules governing the social and fundamental scenario of the country, is largely influenced by the English common legislature owing to the prolonged influence of British colonial culture. Although the judiciary system is based on the core values, morale and cultural traditions of Indian society; it has a number of loopholes which often triggers various crime and illegal endeavors.
The Indian judicial system is supposed to protect the common men from lawbreakers and offenders. But in reality it serves the
political authorities and provides protection to gruesome criminals who are subtly backed by the politicians. The role of Indian judiciary in securing law and order across the country should be impartial and free from all sorts of external or unauthorized influences.
Most negative aspect of Indian judiciary system is its lethargic and slogging approach. There are countless instances wherein cases run for decades and the defendants pass away without being awarded with the proper judgment. Indeed this is shameful for any civilized country that boasts about its advancing prosperity. According to the records till January 2005, more than 30,000 cases pending at the Supreme Court, 33.79 lakh in high courts and more than 2.35 crore in lower courts. With respect to the population on India, the ration of judges to people is 10.5: 10, 00000 which is no doubt the poorest in the world.
Often people wait 5 to 20 years to get their cases settled through normal legal course. Another eminent instance of Indian judicial failure is the Bhopal Gas Disaster Judgment. After more than 20 years past the fatal incident, finally Indian judiciary was able to find a decision. But the cornerstone of this case which is the ‘principle of absolute liability’ has been diluted in the decision. It shows nothing but the indifferent approach of the judiciary towards the plight of the victims and any other accidents that may take place in the future.
The Jessica Lal murder case is considered another of major delay of the Judiciary system. The young model was shot dead at a Delhi bar by Manu Sharma whose father was a politically influential person. Though the police chalked the case against him, he went underground for several days and later on when the preceding started, most of the eye witnesses denied to identify him as the murdered. This is a classic instance of ‘Justice Delayed Is Justice Denied’. In some other cases popular celebrities and political leaders have twisted laws and facts to escape penalty, eg case of Sanjay Dutt’s involvement in Bombay blast or Salman khan’s road rage case. These people are free mainly due to lengthy timings of case hearings and loose laws.
Apart from the major cases, there are countless cases of rape, murder and other crimes which remain unresolved for years and the victims suffer pain of dissuasion. The Indian legal system requires a major boost and a complete reformation in order to meet the expectations of the citizens on India. First of all, inflecting the legal judgments, which is considered a crime according to laws, must be punished with immediate effect. In case the existing count of courts is less compared to the population, new court setups should be opened.
There should be an even arrangement for the pending cases and new cases. The court remains closed for days just like school holidays which are nothing but an unnecessary luxury. With so much work pending, Government should trim down the number of holidays and day offs. Legal system should not be a purchasable commodity any more. Politicians should be strictly restricted from directly or indirectly interfering in judgments. Moreover the corrupt political leaders must be treated with utmost stringency.
Finally it is the responsibility of every Indian to look after its legal system. If all of us do out bit to stay within the legal limits, indeed it will make the task easier for Indian judiciary.