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Indian Judiciary: Burning Example Of Justice Delayed, Justice Denied

Whenever we talk of the judiciary, the idea of justice flickers across our mind. The common man perceives the court as a mechanism to deliver justice to the person aggrieved. It is true that when ever there is a break down in administrative or executive mechanism in the country, the Judiciary has played an important role in keeping the system going on. There has been many instances in the post independence India, which has proved time and again that Indian Judiciary has kept fabrics of Indian Democracy Intact.

Whenever dictatorial tendencies have been exposed in a government, Indian courts have acted to curb them. Several measures have been taken by the Indian judicial system, through which the democracy of India is kept strong, such as the Neutral and fair Electoral System, Electoral Code of Conduct etc. By sending the big scam mongers to jail from time to time, the trust of the general public in the system has been reinstated.

The Indian judiciary has done more important work and make the fundamental structure of the Constitution of India almost irreversible. This has now made it almost impossible to change the fundamental structure of the Indian Constitution. Of course Judiciary in India has kept the Indian Democracy alive and going, still, there are lots of hindrances in Justice dispensation. There are lots of pending cases in Court. In spite of the increasing pressure of pending cases in Court, there are lots of empty vacancies for Judges not only in High Courts but also in Various District across India.

It is very easy to approach court. A common people approach a court with high expectation and of course, the Indian Judiciary system is neutral and competent enough to deliver Justice. But the real question is, how much time is taken by a court to adjudicate a case.

Just take a hypothetical example. There is one lady, who is in life in a relationship with a man. Both of them decides to marry. However, the parent of the man does not accede to the desire of his Son and they forcibly marry his Son with another girl. Being aggrieved of this, the lady accused the man of rape charges, which can prima facie easily found to be true. Resultantly the man is sent behind the bar. After prolonged trial, the man gets fair decision after 15 years.

Though he gets fair decision, but does it amount to be Justice?
It is said Justice delayed, is Justice denied. Though the Indian Judiciary is fairly discharging its duty, because of the long time consumed in delivery the decision, Justice is not seemingly done. It is high time that the Indian government should take appropriate step so that time consumed in delivering a decision can be reasonable curtailed, so that the Indian Judiciary can deliver not only the decision, but justice also.

Written By: Ajay Amitabh Suman, Advocate: High Court Of Delhi

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