{"id":52532,"date":"2019-09-24T17:50:37","date_gmt":"2019-09-24T12:20:37","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=52532"},"modified":"2019-09-24T17:50:43","modified_gmt":"2019-09-24T12:20:43","slug":"answered-what-are-various-reasons-for-poor-state-of-legal-justice-in-india-give-some-solutions-to-make-justice-system-more-efficient","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-what-are-various-reasons-for-poor-state-of-legal-justice-in-india-give-some-solutions-to-make-justice-system-more-efficient\/","title":{"rendered":"[Answered] What are various reasons for poor state of legal justice in India? Give some solutions to make justice system more efficient."},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction. <\/strong>Contextual Introduction.
Body. <\/strong>Reason for poor state of legal justice in India. What should be done? Conclusion. <\/strong>Way forward. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

Development cannot be achieved without justice. While India\u2019s government has a number of programs to improve the lives of the poor, most marginalised people don\u2019t know what they are entitled to, nor do they have the power and access to ensure that they get it. India has been promoting access to justice for marginalised people for the past many years and is drawing up an ambitious program to modernise its courts. These can be an exceedingly long, complex and expensive process, with cases dragging on in the courts for decades.<\/p>\n\n\n\n

Reason for state of poor\nlegal justice in India:<\/strong><\/p>\n\n\n\n

  1. Corruption:<\/strong> Like any other institution of\nthe Government, the Indian judicial system is equally corrupted. There is no\nsystem of accountability. There is no provision for registering an FIR against\na judge taking bribes without taking the permission of the Chief Justice of\nIndia.<\/li>
  2. Backlog of pending cases:<\/strong> India\u2019s legal\nsystem has the largest backlog of pending cases in the world as many as 30\nmillion pending cases. This number is continuously increasing and this itself\nshows the inadequacy of the legal system. It has always been discussed to\nincrease the number of judges, creating more courts, but implementation is\nalways late or inadequate. The victims are the ordinary or poor people, while\nthe rich can afford expensive lawyers and change the course of dispensation of\nthe law in their favour.<\/li>
  3. Lack of transparency:<\/strong> Another problem facing\nthe Indian judicial system is the lack of transparency. It is seen that the\nRight to Information (RTI) Act is totally out of the ambit of the legal system.\nThus, in the functioning of the judiciary, the substantial issues like the\nquality of justice and accountability are not known properly.<\/li>
  4. Hardships of the undertrials: <\/strong>In Indian\njails, most of the prisoners are undertrials, who are confined to the jails\ntill their case comes to a definite conclusion. In most of the cases, they end\nup spending more time in the jail than the actual term that might have had been\nawarded to them had the case been decided on time and, assuming, against them. Further,\nthe expenses and pain and agony of defending themselves in courts is worse than\nserving the actual sentence. Undertrials are not guilty till convicted. <\/li>
  5. No interaction with the society:<\/strong> It is\nvery essential that the judiciary of any country should be an integral part of\nthe society and its interactions with the society must be made regular and\nrelevant. In India, the Indian judicial system has no connection with the\nsociety, something which it had inherited from the British judicial set-up.\nEven today, the law officers have not been able to come closer to the ground to\nmeet the common people.<\/li>
  6. Social inequalities: <\/strong>Social inequality in\nrelation to the backward classes and communities which are treated as\nuntouchable delays justice to them. While rich is able to access and mould the\nlegal and judicial system in their favour, poor suffer at the hands of corrupt\nand inefficient system. The poor also have no access to legal assistance. <\/li>
  7. Insensitive Police: <\/strong>Even the police officials\nare not sensitive towards poor and weak. Their indifferent and insensitive\nbehaviour towards marginalised and women lead to fear of reporting the crime to\npolice which lead to gross injustice.<\/li>
  8. Poor implementation of laws: <\/strong>Laws for the\nlegal justice are not effectively enforced by law enforcement agencies. This\nlead to gross legal injustice and prevent marginalised and weak from enjoying\nlegal rights available to them.<\/li>
  9. Lack of awareness of law and illiteracy: <\/strong>People\nin India are not aware of laws availability for protection of their rights.\nIlliteracy and poor awareness often lead to their exploitation and lack of\ngetting legal justice available through various laws.<\/li><\/ol>\n\n\n\n

    Measures which\nwhen implemented can transform the way India seeks and delivers justice:<\/strong><\/p>\n\n\n\n

    1. Understanding the law is the first step to\noppose all forms of injustice. Hence, making laws accessible and comprehensible\nfor legal empowerment, so citizens know when their rights are being violated\nand what their legal options are. For this role of media is important to\nfurther the awareness. <\/li>
    2. Ensuring high-quality, affordable legal aid, so\nindividuals have a strong chance at a fair trial, regardless of economic or\nsocial background. Thus, investing in the provision of high-quality legal aid\nnot only benefits economically weaker litigants, it also provides significant\neconomic benefits. One way to achieve this is by institutionalising the spirit of\n\u2018pro-bono\u2019 legal aid.<\/li>
    3. Streamlining case management processes in\ncourts, so justice delivery can be swift, efficient and cost-effective. The\ncourts need to streamline their case management processes with technology or\nexternal expertise that will help reduce pendency.<\/li>
    4. Supporting and driving accountability in police\nand prison systems, so these agencies uphold the law and legal procedures with\nsensitivity to the rights of victims, convicts, undertrials and the most\ndisempowered. <\/li>
    5. A critical step to improving access to justice\nwould be the immediate implementation of the police reforms across India that\nwould not only ensure that the police are accountable, efficient and effective\nbut also change this perception.<\/li>
    6. Non-profit organizations across the country have\ntaken on the responsibility to develop innovative and impactful strategies to\nnot only support and strengthen existing systems but also to make the law work\nfor the people.<\/li>
    7. Funders, academics and government agencies need\nto support impactful solutions which builds, documents, improves and scales\nthese efforts rather than reinvent the wheel. While foreign funding has been\nplenty, India\u2019s justice system is best strengthened by investment from Indian\nphilanthropy and corporates, and in general by giving citizens of the country a\nchance to strengthen their own democracy and be part of the nation building\nprocess.<\/li><\/ol>\n\n\n\n

      We need to come together to improve the justice systems. Standalone decisions and strategies won\u2019t work any longer. The police need to collaborate with the people to develop a trust-based, solution-oriented relationship. Non-profits should collaborate to achieve the shared goals.<\/p>\n","protected":false},"excerpt":{"rendered":"

      Demand of the question Introduction. Contextual Introduction. Body. Reason for poor state of legal justice in India. What should be done? Conclusion. Way forward. Development cannot be achieved without justice. While India\u2019s government has a number of programs to improve the lives of the poor, most marginalised people don\u2019t know what they are entitled to,… Continue reading [Answered] What are various reasons for poor state of legal justice in India? Give some solutions to make justice system more efficient.<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-52532","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/52532","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=52532"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/52532\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=52532"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}