30 million pending cases in 17000 subordinate courts, some of them pending for decades marks the very sorry state of Indian judiciary. Lack of sufficient judicial personnel, and poor infrastructure are one of the main reasons for the piling up of cases.
Outdated procedures which incentivise delays and also the attitude of advocates who resist change has also contributed in no small measure to the current state of affairs.
In many instances, the litigants are unable to get proper information on their cases. They even miss summons and often travel long distances to Courts only to find that their case has already been adjourned. Even getting a copy of a judgment of their case is a problem in most cases resulting in a frustration and disrespect to judiciary.
Earlier, a solution was sought for this problem of pending cases by encouraging alternative dispute resolution mechanisms which have not had the necessary success so far.
Now the real revolution in Indian judiciary is on cards with the use of ICT. The judiciary has now announced that all case details in 17000 subordinate courts will now be made available online. Summons will be served optionally by e-mail. Magistrates will issue orders using digital signatures.
Yes..it looks like a fairy tale. It is also true that the judicial officers are yet to acquire knowledge of computers let alone the intricacies of digital signature. Further the advocate community is already feeling uneasy that their hold on the litigants will be reduced and are likely to be non cooperative since most of them are also computer illiterate.
Despite all these hurdles, it must be said that introduction of e-governance in judiciary is one of the best things to happen in Indian community and we need to welcome the intentions of the Government in both arms.
At the same time we need to think of the ways and means to enable the judiciary take up this responsibility and cope with the revolutionary changes in their working.
During the recent Digital Society Day celebrations in Bangalore, Naavi speaking on behalf of Cyber Law College and Digital society Foundation offered Karnataka Judicial authorities that a structured plan of action can be implemented to train the judges and magistrates in Karnataka on Cyber Laws. Time has come to expedite this process so that opposition boarne out of fear of change does not build up for the measures the Government is set to initiate.
Naavi
http://www.naavi.org
2 users commented in " Indian Judiciary set for a revolutionary change "
Follow-up comment rss or Leave a TrackbackDear Mr Naavi,
I believe that you are a law man with a good computer literacy. Your endeavour is good but the problem is not just limited to the judiciary or as a matter of fact, to a single section or department in India. A recent admition by our PM that the legislature and judiciary are the most corrupt in the country. He omited out the other two most important and no leess corrupt are – the administrative and medias. Perhaps he could not gather enough courage to annoy the other two as he is directly dependent on them for one on administering his own misdeeds, the other on a malicious and vociferous public campaign. He is already in enough trouble. Yet he likes to stick to his chair. It could only happen in a country like India.
As regards your computer introduction in this field, I am not sure as to its utility at the moment. India is both corrupt as well as illiterate. Unless we improve the attitudes at the level of Human Values, I am affraid, nothing can be of much avail.
Firstly the very filing and admition of cases in the courts themselves has to be strictly monitored. Lot of cases are admitted only with view of harrassment to the OPs without any merit. Only a meagre few hundred Rs. will suffice.
I think a lot more higher and harder work needs to be done in India.
Right to information Act is a welcome step. But i feel that a more important act needs to be enacted whereby the Government or any official or servant in the chair dealing with the problem has to held responsible and negligent for failure of providing the desired information in the manner and the language the consumer or the person concerned will fully understand.In the event of failure of this duty, the concerned public servant should be severely punished.
The other Act that needs to be passed is that in the event of a complain, the whole machinery becomes active to save the guilty public servant in the department. A system should be evolved and ensured legally bound that no such actions can be successful and if detected, should be made a criminal negligence.
It is the duty of the democratic Governance system in a country like India that we ought to mature to upgrade the legal system in a way that will suit to the country men at large. The National and State Leaderships has to learn the hard manners develop the requisite attitudes.
I am affraid, we have a long way to traverse.
yours lovingly
Om Sudrania
Senior Surgeon
Dear Sir/Madam,
We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, it’s not true case, believe me. My wife are engaged/Affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Manager) his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. 2nd court date is 04/01/2010 done. Next court date is 07/07/2010 at Barasat court. Some proof (20 pcs. s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. But my wife still now not agree she wants to marry to the boy. My wife left our only solitary daughter to me who is 4 years old having severe “Ashtama Disease, depends on INHEALER, here political Hide & seek game is going on & the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that I’m not taken back my wife. I take a lawyer his name Mr. Kamelash Nandi. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief/save me and my family. And . My wife given me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009. 1st Class Judicial Magistrate at Sealdah. 1st court date is 15/01/2010 done, 2nd court date is 12/02/2010.
Thanks
Dear Sir/Madam,
Actually I’m 100 percent victim, so I went to knowing my matter all the Indian and others. I write my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B, C.M. in W.B., CBI in W.B, CID in W.B, Governor in W.B, and President in India. P.M. in India, Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, my nation, all of the news channels, and all press, and many more, (anybody can’t help me/proper investigation) absolutely you also, I think you can help me, so I write to you. I’m Punishment + harassment Without Crime.
With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
P.O. Hatiara. Kolkata-700059 Email: dipakadhikari_59@yahoo.com PH. 9836149983
W.B. India.
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