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June 9, 2010

Bhopal verdict brings India judicial system under scanner-National Family Harmony Society

Filed under: Press_Coverage — Fighting Legal Terror @ 10:47 am

http://www.merinews.com/article/bhopal-verdict-brings-india-judicial-system-under-scanner/15822514.shtml

A MEANINGLESS judgment which gives no justice to victims rather than the end result puts salt on the wound of the harassed and tortured victims. Indian judicial system is designed in such a way that it will torture both (falsely accused persons and needy victims).

On behalf of ‘Family Harmony Society’, I take this opportunity to ask the law minister, where are the much talked about judicial reforms? If the trial of a case, where 15000 people died and which attracted worldwide attention, takes 26 years then you can imagine the plight of the ordinary citizens of this country.

Media has quoted the honourable law minister saying that divorce cases will be completed in one year. Here it is worth mentioning that in Bangalore Family Court more than 15000 cases are pending trial. A typical case of divorce takes five to six years in the trial court then obviously the party who loses the case goes to Hgh Court and then to Supreme Court. By the time divorce is granted both the parties are at the verge of dying. Only work which our courts are doing is to give ‘next date’. Even most of the time the arguments which are happening in the court is what should be the ‘next date’. Judges are so much overloaded with cases that they are struggling to even give ‘next date’ as both parties normally do high pitch arguments to get ‘next date’ which is suitable to them.

Five thousand crores have been allocated for judicial reforms to finish all cases by 2012. I am running around the corridors of court from 2006 and I can only see that crowd of litigants in the corridors of court is increasing much faster than even ‘Kumbh Mela’ crowd. The crowd in the corridors of the court is swelling so fast that soon time will come when we need to keep fire tenders, water tanks etc ready in the court premises in case of any stampede like situation. The scene inside the Magistrate Court’s is so pathetic that litigants feel jail is a better place than running around the corridors of the court.

We have been hearing very frequently that accused are throwing sleepers at the judges. I feel all this is due to the frustration due to an insensitive and rotten system.

The law minister also said that child custody cases will be finished in six months. Here it is to mentionable that by the time notice is issued and the opposite party file objection itself more than six months have passed.

We file child custody application for our minor children and by the time the lower court decides the matter and then high court and then Supreme Court, our children becomes major and of marriageable age and the ‘child custody’ application becomes meaningless. We struggle long years to get some order with regard to the visitation but by the time order is passed our children would have forgotten us.

Again the law minister has promised to make all the existing laws in the country to be gender neutral but again there is the proposed ‘sexual harassment bill’ where only a women can file a complaint. Again, what about the Domestic Violence Act where only a young married wife can file a complaint. Let us hope that our honourable law minister will fulfill his promise and make Domestic Violence Act ‘gender neutral’.

As per Supreme Court website below are the shocking statistics.

Number of case pending in various courts in India:

  • High Courts: 40,49,649
  • Trial Courts: 2,72,38,782
These numbers are increasing at a very healthy rate.

As per a report from Delhi High Court, it is so behind in its work that it could take up to 466 years to clear the enormous backlog. As an ordinary citizen of this country I feel that now time has come for the Law Ministry to stop making any fresh promise rather now the time is to implement the past promises.

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