ACCESS OF INDIAN JUSTICE SYSTEM TO IMPARTMENT OF JUSTICE

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ACCESS OF INDIAN JUSTICE SYSTEM TO IMPARTMENT OF JUSTICE

           In ancient era Indian Juducial system was based on common Principles of equity. Every village of India was divided in a republic, with a seprate head whose duty was to prodect its people in liue of which he used to recover revenue from them. He impart justice to them too. These republics amalgamated to convert into empire or eastate “Raja “, “Maharaja” , “Zamidars”. Their duty too was to fetch revenue from people, to protect them from theives, robbers and dacoits and to impart justice. According to the holy writs, to impart justice was the pious and ethical duty of the king. He was assisted by “Pandits” and “Maulovis” in the function of imparting justice who make aware the king with prevailing personal laws.

                   This Judicial system survived till the attack of foreign conquerers. Retributive judicial system commenced with the establisment of foreign rule in India, in which the Moghul penal system prevailed for long time in India. The Moghul Judical system was developed in piping heat of desert which make it damn rigourous. It consist punishment like “Qiyas” (tit for tat), “Diya” (compensation) “Hadd” (certain punishment), “Tazir” (discretionary) .

             Civil laws of Hindus were based on holy scriptures and sharaiyat based on Quran were in force respectively on Hindus an muslims in that era. But there was no discrimination with respect ot criminal cases . “Qazi” courts were in vogue and qazi was there to impart justice. Kings used to pretend dispensation of justice by hanging "bell of justice" outside their residence.

              Even After and advent of British in the year 1600, Muslim criminal Law remain in force till the year 1858. Though British modified it from time to time. But its pragmatic approach was mitigating with time because it was suffering by seviour drawbacks. Approach of Qazis was arbitrary and inhummane with women. Hence after the debacle of first revolution, the rein of India went into the hands of British Empror in the year 1858 and this was the begnning of new era of Indian judicial system. British lay the foundation of present Justice system. In that era several statutes were enacted by British that time, some of those are still in force, in which negligible changes had been made with changing time. For the very first time British codified the laws and drafted the exhaustive procedural law based on evidences. 
 

             British by framing common criminal law for all, enacted and enforced the Indian Penal Code 1860, which is in force till today. But in civil cases the old personal laws remained in force. Then in the year 1908 Civil Prodcedure Code was enacted. In British judicial system the Munsiff Magistrates used to deliver the justice. Here British , for the first time adopted provision of appeal against their judgments and orders .

                                                  The essential 

goal of Britsh judicial system was to

 recover revenue, to protect their

 people, 

trade and state. Thats why they pay no 

heed towards personal laws of Indians, 

nor they established the justice system

 in

 Indian perspective. British to continue 

with the rein of administration in their 

hands the empower police in justice 

system so that the police can establish 

their empire forceably.

                                             We have been independent for more than six decades. we gauarantee social, economic and political justice to every individual in Constitution. He has given freedom of thought, opinion and expression. He has been given gaurantee of fraternity and equality of opportunity. But we have failed in imparting justice to our citizens. People stary before politicians, governmental institutions seeking social, economic or political justice. We are struggling for freedom of thought, opinion and expression despite of availabitity of Right to Information Act ineqnality disarimination. is inherent in every class of society. There lies a big gap lateen opulence and indigence. Country is suffering from inequality, sepratism and terrorism.

                                            Indian Courts. are overwhelmed by litigations. Getting justice within time is a moonwalk Delayed justice has aborted the fear of law among people. Result of a suit by grandfather is enjoyed by his grandson. Pauper hardly get justice because it has become exorbitant that why people's trust over justice has started dwindiling. People are bound to casuse the Legal works like recovery of debts, evacution of accomodation ,performance of contract by anti-social methods. Hence its very important to establish courts in proportion to population otherwise getting justice would to at par of scaling Mt. Everest.

                                                                Despite of millions of expenditure on courts they are lacking with basic amenties such as premises, electricity, computer skilled staff. accountant liabrarian etc. So its very essntial to recruit skilled staff and make them aware of legal procedure. After the huge expenditure on court in name of e-court revolution, They are deployed with computer, laptops, internet, video-conferencing and have become higi-tech. but its all is fulite for want of sufficient electricity supply.

                                   No body can fetch the status of his litigation on internet despite of all facilities. Litigent is still dependent court for getting copy of his case, judgment or order. Hence the primary need of court is to make basic facilities, skilled staff, power supply, building, funds available. 





 

                                         Today India is in era of computer, cyber--terrorism, mall-culture but we are still proceeding with civil and criminal law mechanism, developed by British, Centuaries ago. We know that justice system developed by British does not include law suitable to Indian periphery. Even then we don't want to change the system. And thats the reason we ought to draft new Laws, Acts and Ordinance day by day. 



 

                                           Delay in justice, loss of justice and injustice is regarded as defeat of justice. But even then such rules, ordinance and enactment are drafted, in which the proceeding in compliance with procedure provided in them, can not be carried out with in limitation period prescribed in them. Hence it must to observed that such provisions should not be drafted, the compliance of which in not feasible in pragmatic form, due to scarcity of courts and abundance of litigation. 





 

                                               For reforms in judicial system it is necessary to draft, with in the light of social, economic, political dimesions to country, seprate laws against terrorisim, cyber crime, dishonour of cheques, match fixing, sedition, economic offences, political scams etc. Its also necessary for reforms, to replace Indian Penal Code 1860 by seprate law against body, property, state, public servants, election, public health, religion marriage, service contract, women children, old aged men & women, traffic, edible products, distribution system, enviornment etc.

                                          There are various laws in force for same subject. Hence its necessory to compile aforementioned various laws in sole statute. There must be a limitaion period of disposal of every case The number of case triable by a single court must be limited. Punishment, fine, compensation amount of damanges should to hiked with change of time.

                                      Today ten rupees are less to purchase liquor but fine for misconduct in public by drunken person according to s/510, Indian Penal Code is Rs 10. which is improper with changing time. Fine for rash and negligent driving is almost negligible. By hiking fine and fixing compensation ,number of cases of compensation under Motor Vehicle Act can be checked. 


 

In compensation cases under Motor Vehicle Act, despite of proper insaurance and no breach in terms and conditions of insaurance policy, the insurance company does never mention in their Answers, the amount of compersation as per the prevailing standards, they are ready pay. Where as the insaurance company ought to annex the cheque of compensation with its answer, this will ensure the speedy trial of compensation cases.

Under Negotiable Instrument Act if drawer of cheque immediately infrom the bank as to drawing of cheque, then by entry of such drawing in bank records shall have check over fake cheques given as security and back dated cheques, This said Act of 1881 need of afpresaid kind of amentdments.

                                                Law pertaining to sedition like Prohibition of seditious assembly Act 1911 are in force in India which was was enacted for the safely of British empire and in present its futile and must be repealed. Terrorism, espionage, criminal activities against the countries, its unity and integrity, match fixing in matches played in patron of tricolor, shuld be included within the defination of sedition.

                                            Even after elapse of many decades since independence the old penal system is continued with in some statutes. like wise s/4(b) of Explosive Act 1884 still provides the punishment of servitude which must be repealed. We failed in punishing the real culprits of Bhopal Gas tragedy case which is consequence of unchanged justice system.

                                                     Indian Penal System can be regarded as police penal system or police torture code which need radical changes. We are all well-known with the disater of FIR, trial, investigation search, arrest, statements, bail etc. We are living in such a justice system in which the Apex investigation agency fabricate the case for political purpose, so we need such independent agencies which are, regulated by no one except judiciary. 




 

                                         Neither accused nor the complainant is felicitated with present justice system. Same is the case with plaintiff and defendant. In our justice system a person traped in fake criminal case or sued falsely in a civil case has no redressal except going though expensive and exhaustive legal procedure for obtaining justice.

                                             As per census remote relatives are maliciously prosecuted in 90% of case of Dowry. Saledeeds are deliberately caused to be declared void and illegal after receiving consideration when the price of property hikes. To avoid such cases its necessary to get such cases firsity enquired by a committee which will approve the maintainability of the case.

                                          In our justice system provde and conclusive facts are to be proved again and again which expand the pendency of a cases. To avoid falsification of true facts its necessary to adopt scientific methods at every stage of investigation. If proceeding as to scene of crime, recording of statements of withnesses are carried out after hearing both the parties these aforementioned proceeding shall not have to be proved again and again in the court.

                                          Billions of people saw the attack of 26/11 ,its victims, its loss, its culprit too. even then the trial went for many years with crores of expenditure on it to punish the accused. In such kind of criminal incidents if live and and untempered recording is available with corroboration by public then case must be exeditiously disposed with utmost urgency without wasting much labour and time. Thats why recording done by scientific method must be adopted as conclusive proof by way of amendment in Evidence Act.

                                                           In our justice system expenses in justice make it rare.Indeed the court must approach the needy itself .Whole justice system must for free of cost and unbiased. Way to High court or Supreme court must not be a moon walk to poors. Destitute parties are unable to even touch the threshold of these court.

                                                                  Legal service authourities are created at taluka level but free legal aid is still far from needy person because its propogation is limited to districts. Free legal aid is provided to accused and the complainant and the party presented in the court as well. But these institutions overlooked the poor person willing to go court. 


 

                          The remuneration of famous lawyers in our country is at par as that of filmstars and cricketers. Hence few persons are able to hire them. Therefore its necessary to make the justice system absolutely free for cheap , easy, speedy and transparent justice. For that its necessary for the govt. to bear the expenses on every litigation and pay certain fees to the lawyers. 
 

                                            In our justice system compensation is considered after the disposal of civil and criminal cases. Infact the need is of the recovery of compensation from accused at the time of his bail, So that compenstion money can be used by victim in his treatment.

 

                                     In our justice system, government litigate on behalf of citizens. A government pleader on behalf of government deals will hundreds of cases on day to day basis and we are well known with his qualification and potential. And in this way govt. fails to get justice for the victim hence most of accused are acquited for want of quality litigation and its retaliation can be seen among mob.

                                                   Its necessry that victim should have the freedom to choose independent lawyer as presecutor whose remuneration must be defrayed by govt. In this respect s/24 and s/301 Cr. P.C. must be amended.

Apart From it, accused should be immediately heard and allowed to produce defence after complaint has been lodged or FIR has been filed against him .A copy of chargesheet under s/207 must be supplied to the accused. In same way there is provision for supply of copy of complaint to accused after it has been registered. But what actually should happen is that accused should apart from complaint application must be supplied with statement recorded with complaint either with summon served to him or at time of his presence in court.

                                            In our country criminal case lingers for years. In this time span victim remains anonymous with the proceeding which were carried out against accused. Victim presents in court only as a prosecution withness and then go back to his home. After that he has no infromation as to his case. So its necessary to supply him with copy of chargsheet so that he can know the nature of his case. He must also make known about judgment which will ease him in presenting appeal.

                                   Documents pertaining to accused, withness bailors, are produced with chargsheet, but no document as to their identity is produced which lead to their search and waste of time. Hence its necessary to affix his photograph and mention their name address, work, contact with their statement.

                                Biggest litigant in our country is govt which think it fit to hustle smalllest kind of cases in highest court. If the govt. primarily get the case enquired by a commitee to ascertain that whether the order is according to pervasive law, them govt. can avoid litigation and save public funds.

In our justice system principles of law are not rational and certain. There is flood of principles, which consequences in difficulty to courts to work. Hence its necessary that every subordirats court should work as per the guidelines of Honourable Supreme Court, and as per Article 141 follow it as law. 

 

                    Judicial services in India have become equivalent to other high profile services due to its salary and perks. But despite of huge expenditure defrayed by govt. and trust inhered by public in judicial system, it has failed to give proportionate consideration. A court obviate its responsibility on other court by saying that "all this is not my sole deal" which lead to delay in case and anger in litigants. Attitude of speedy trial is to be developed.

                                               In our justice system judicial training and research intitutions have be establish which provide training and refresher courses to the judges but inspite of that most of the judges are found less update with new laws and procedure. For this its necessary to these institution to replace the obslete training with new vision. 


 

                                                        In India judicial process is going through a new phase. New laws, rules are being enacted with changing time. 

 

                                                 Judicial training institute must tell the contradictory laws, opinion, citations and suggest that which of them is suitable and reasonable. Law must be rationaly studied then should be amended as required for public interest. 


 

                           These Training institute must develop the will power, integrity and potential to work in the newly recruited judges. Taking a presumption in mind that these judges are master of law they should not be taught law but practical training of feild must be imparted to these judges.

                          Each newly recruited judge must be attached to court in its training and directed to make judgment and oreder in cases pending in that court to enable them to face practical problems and dispense justice.

                                Staff subordinate to judicial officer is lacking in skill, which is also hinderence in justice system. They lack in computer skills. They are also required to be trained from time to time like judges.

                              In this lime light radical changes are necessarily to be made with the changing scenario to society, politics and economy. Today its need to resolve the dispute extrajudicially outside the court. This requires some private agencies, N.G.Os and institutions to empowered with some judicial powers which will resolve the matter and dispute by compronise, medition, concilliation etc. outside the court.

                                    If courts are not lessened with burden of litigation, and delay in justice is not terminated then people will loose their trust, in the system dispensing justice in our country. If number of courts is not increased in proportion of increasing popultion then with the tortoise- pace of justice and rabbit- pace of increasing litigation will demolish the justice system in India.