Saturday, 4 April 2015

Our courts are like backlogged Sulabh Shauchalays with never-ending queues

Terms like "pendency" or "backlog of cases" suggest that the problem is temporary. For instance, if the judiciary is slow in one month or one year, yes, it can possibly make up for that slowness by working faster the next month or the next year.
BUT SUCH IS NOT THE CASE WITH INDIA'S JUDICIARY. The existing "backlog" of 320 lakh cases cases has built up over decades, due to systemic problems of our entire legal system -- not only because of how the judges handle cases, but also various behaviours of lawyers, police, government and the general public. A root cause is the structure of our laws and our jurisprudence. Our laws and our system of handling cases are mismatched with the temperament and culture of the Indian people.
Is all this going to change overnight? Do we have any realistic way of changing all these factors over the next week, month or year? Is anybody in government or in the judiciary even applying their mind to these problems? The answer is: NO.
Therefore, let us stop pretending that this "pendency" or "backlog" is temporary. It is not; it is permanent, and it is steadily growing. Backlogs have already overwhelmed the judicial system, which has collapsed under the weight.
Let us stop using these terms,. Let us stop denying the true nature of our problems. Our judiciary has collapsed. We are neck-deep in shit -- just as we would be if our toilet system had collapsed. Let us admit it to ourselves.
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