Monday 2 September 2024

A call for judicial reform:Echoes from the highest offices

 


A Call for Judicial Reform: Echoes from the Highest Offices
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Recently, I penned an article in Kalakaumudi, a Malayalam weekly, addressing the critical need for reforms within the Indian judiciary. I also took the initiative to send a letter to the Union Minister, urging immediate attention to these pressing issues. It fills me with immense satisfaction to see that our President, the Union Minister for Law, and the Chief Justice of India have all highlighted the very changes I advocated for, particularly in judicial proceedings, the appointment of judges, and other core issues.
President Droupadi Murmu, in a recent address, emphasized the inordinate delays in judicial decisions, especially in heinous crimes like rape. She rightly pointed out that these delays might create an impression that the judiciary lacks sensitivity—a perception that could erode public trust. The President also called for an end to the pervasive culture of adjournments, which often exacerbates the suffering of the poor and marginalized.
The issue of adjournments is more than just a procedural delay; it is a source of immense hardship for many. As the President noted, most people cannot even fathom the struggles faced by the poor due to these delays. Long-standing pendency and the backlog of cases present significant challenges to the judiciary. For the rural poor, the prospect of going to court is so daunting that they often endure injustice in silence, fearing that the pursuit of justice might only worsen their plight. Traveling from their villages to the courts becomes not just a logistical challenge, but a source of mental and financial stress.
In a powerful metaphor, President Murmu introduced the phrase "black coat syndrome" to describe the high stress levels ordinary citizens experience in courtrooms—akin to the "white coat syndrome" patients often feel in hospitals. It is a tragic reflection of our social reality that while some of the well-off roam freely even after committing crimes, the poor are left to suffer silently. The President also advocated for the creation of special Lok Adalats to address the pendency and backlog of cases, and for providing judgments in local languages, thereby making justice more accessible to all.
Chief Justice of India, D.Y. Chandrachud, has also weighed in on this critical issue, advocating for a national-level recruitment process for judicial services. He emphasized the need to move beyond the narrow confines of regionalism and state-centered selections, echoing the earlier proposal for an Indian Judicial Service put forth by the Union government. His call for a more unified and standardized approach to judicial recruitment is a step in the right direction, as it aims to bring uniformity, transparency, and meritocracy into the system.
As the highest offices in the land have now brought these key issues to the forefront, there is renewed hope that we are on the cusp of significant and creative changes within the judiciary. The acknowledgment of these problems at the highest levels of government and the judiciary is an encouraging sign that reform is not just possible but imminent.
Let us hope that these crucial discussions lead to tangible actions, ensuring that justice is not just a privilege for the few but a guaranteed right for all.✍️

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