Wednesday, November 2, 2011

Flipside of the Judicial Delay

A lot has been done to enlighten the public to motivate the actors for improvization in the Indian judicial setup & processes and thereby to bring about structural reforms, higher performance standards and capacity building. But, certain ground realities exist which is creating a miasma of the Indian judiciary. 'Justice for Poor' stands out as a distant dream in the 21st century owing to the increased expenses in the judicial processes, a chunk of it being absorbed as 'lawyers' fees'. The chain of expenses stretch out from the lower tiers to the apex court and consequently the expenses incured, curtails the motivation of the poor. This confines justice to only certain sections of the society. After all, neither the pedantic planning commission nor the venal goverment has kept any margin for the same out of the Rs.26 & Rs.32 alloted for the daily expenses for the said section of the society.

Secondly, the lose of budding and talented younger advocates is an area to ponder upon. Lion share of the Law Graduates, prefer the green pastures of the corporate world. This conundrum observed, is the most threatening 'situation' the judiciary will face in the coming years. The said policy reforms and structural changes should focus on this losing of talent which can mainly be achieved by cleansing the elements of nepotism intruded into the system.

Finally, the lack of awareness of the common man beams out to be the major issue. Media deliberations and public discussion forums can act as eye-openers, but still higher awareness should be generated, especially, at the grass-root level; which is inevitably the need of the hour where more than 70% of people recognize approaching court as a social taboo than as fighting for their rights. Unfortunately, the Indian judiciary in its functioning underlines the precarious notion of Ronald Regan who once said,"When you can't make them see the light, make them feel the heat". The more we take the responsibility for our past and present, the more we are able to create the future we seek.

**Excerpts of the article appeared in The Hindu (28th Oct,2011) in letters to the editor column

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