Terms like pendency or backlog of cases suggests that the problem is temporary. 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 that is not the case with judiciary. The existing backlog of 320 lakh cases cases has built up over the span of decades, due to systemic problems of our entire legal system. The backlog has built up not only because of how the judges handle cases, but also because of various behaviours of lawyers, police, government and the general public. A root cause of pendency is the structure of our laws, and our jurisprudence. Our laws and our system of handling cases are clearly 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 all 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.
Posted on: Mon, 20 Oct 2014 04:43:27 +0000
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