The judicial system is often called the backbone of a democratic government. It is meant to provide justice, uphold the rule of law, and safeguard the rights of its citizens.

The Indian judicial system is one of the oldest legal systems and still follows the features it inherited from the British judicial system. However, over the years, it has come under scrutiny for its sluggish pace and inefficiency. The delays and backlogs in Indian courts have eroded public trust and hampered the delivery of justice.

Major obstacles in the judicial system

Pendency of cases: Currently there are about 5 crore pending cases across all levels of the judiciary. This number is increasing day by day, which shows the inadequacy of the courts to deal with this matter. If the present rate of disposal continues, civil cases will never be disposed of and criminal cases will take more than 30 years.

Low judge strength and appointment problems: In India, there is 1 judge for 73,000 people, which is 7 times more than in the USA. This is a serious issue as the vacancy of judges often leads to delays in justice.

Lack of transparency: The judiciary is not included in the Right to Information Act, because of which citizens are not aware of substantial issues like the quality of justice and the system for appointment of judges.

Hardships of undertrials: Over two-thirds of India’s roughly 4.2 lakh prisoners are under trial. They are in jail not because they have been found guilty, but because they are being prosecuted on charges that are non-bailable, or because they are too poor to afford bail. In most cases, they end up spending more time in jail during prosecution than the actual term awarded for the crime.

Examples of delayed justice

Some well-known examples of delay in justice are the Nirbhaya rape case and the Nithari case.

The Nirbhaya case occurred on December 16, 2012, in Delhi, India, when a 23-year-old physiotherapy student was brutally gang-raped and assaulted on a moving bus. The victim, Jyoti Singh, who was given the name Nirbhaya by the media, succumbed to her injuries on December 29, sparking widespread outrage and protests across the country.

The incident led to increased awareness of gender-based violence, significant legal reforms, and stricter penalties for sexual offenses in India. Four of the perpetrators were sentenced to death, and the case became a symbol of the urgent need for societal change and improved safety for women. This case lasted for 7 excruciatingly long years before a verdict was provided.

The Nithari case, also known as the 2006 Noida serial murders, involved a series of murders and sexual abuse that took place in Noida, near Delhi. Moninder Singh Pandher, a businessman, and his domestic help, Surinder Koli, were the accused. The revelations came to light when the remains of missing individuals were discovered near Pandher’s residence.

After 60 days of police custody, Koli confessed to his crimes. In his confession, Koli gave a detailed account of how he lured victims into the house, murdered them, and disposed of their bodies. Pandher and Koli were awarded death sentences by the trial court.

It has been almost 13 years since the case first came to light, and this year the Allahabad High Court acquitted Surinder Koli in 12 cases and Moninder Singh Pandher in two cases.

A division bench comprising CJI Chandrachud and Justice Baghel held the execution of Koli’s death sentence. The reason stated by them was that it would be unconstitutional in view of the inordinate delay in deciding the mercy petition. Thus, Koli was not hanged and instead is serving one life sentence in Dasna Jail, Ghaziabad.

Why public trust matters

These are not the only examples of criminal cases in India stretching over many years. This begs the question of how any citizen is supposed to trust the judicial system of our country to provide a fair verdict.

In conclusion, the Indian judiciary system is one of the strongest among all, but it faces certain challenges that make it ineffective. Because of these challenges, people are losing their faith in the judicial system and are reluctant to use this organ to help overcome their problems.

Thus it is of utmost importance that the judiciary overcomes these challenges as fast as possible, so that citizens do not hesitate before approaching it.