Submitted By :Apeksha Sizaria, Pallavi Verma, Rushali Srivastava

Mudit Maheshwari, Spandan Saxena

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Number of Cases Pending

in different cases (in lakhs)

Number of Cases Pending in different cases (in lakhs)

India is a country which has the best laws in the world, we have the largest constitution in the world.

But still our country lacks in providing justice to the citizens of our country. As we can see that there are more than 3 crore pending cases in our judiciary and the maximum of these are in the lower courts.

This may be because of frequent adjournment of court work due to lack of proper infrastructure, and the benefit of these are taken by the Criminals. If the cases are somehow solved within an year…. Which seems less likely with the present scenario and so as to Improve the condition we hereby provide with some innovative solutions :

Pending Cases

Supreme Court – 63,851

High Courts – 43,40,867

Lower Courts – 2,68,51,766

Over 3 crore of cases are pending in India inspite of having one of the largest judiciary in the world .

Number of cases increased in past three years is twelve fold and rise in the judicial posts is only six fold.

Case from the rural areas are mostly pending due to lack of financial and legal assistance.

Witnesses and proofs of various cases are being threatened and manipulated .

65 % of the pending cases are criminal cases

Often delay is there due to absence of either of the party because of lack of adequate number of police constables.

Solutions

ADR

Mediator Conciliation Arbitrator

Alternative Judiciary

Better Support System

Witness Protection

Mediation, conciliation and arbitration.It is beneficial for rural people who are not able to pay for court fees, expenses of the lawyers.Lower level civil cases- maximum cases will be solved at the lower level.And there won’t be much burden for the higher courts in civil cases.

ImplementationUntil and unless we don’t public mediation, conciliation, and arbitration. For that the government must publicize as the Polio movement “ Do BoondZindagi Ke”. It must be conducted as many lokadalats in the country, in every di-monthly or tri monthly basis. The funding for this solution would come from the State Government.

Stake Holders

• Municipalities

• State Government

This solutions aims at creating a separate judiciary for the pending cases in your country. Its main aim would be to solve the pending cases of more than three years. All the judgments given by these judiciary would be binding on all the courts of our country. This judiciary would be named as “ NYAAYA”

ImplementationThe separate Judiciary would be set up in the existing courts by appointing retired judges and the each pending case is to be solved within the time frame of 2 months. It will be working at all the 3 levels lower, higher and supreme. In the supreme court of this judiciary the chief will be from the retired chief justice of India. Similarly the judges of lower courts would be from the retired judges of lower court, high courts from the respective high courts and Supreme court from the retired judges of Supreme Court. This judiciary would be basically set for the initial 3 years. The funding for this would be done by the Central Government and as far as salary of the judges is concerned it would be a considerable amount in addition to their pensions.

Stake Holders• Retired Judges

Trials of Criminal Courts are often delayed because of summons on the accused is not effected promptly. Similarly, delay occurs in securing the presence of the accused who are in jail. The reason often assigned is that there are not adequate number of police men and that the limited force available was required for emergency band bust work, etc. The criminal courts do not have any effective control in this behalf over functioning of the police constable. We, therefore recommend that adequate number of police constables should be attached to each police station to work exclusively for the work of courts and these constables would work according to the directions of the court.

Stake Holders•Police

•State Government

The witness protection program is a protection program prevalent in the United States that provides protection to the witnesses in important cases . This program also includes the police protection as well as re allocation of the witnesses after the trial is completed . It helps in providing security to the witness so that without any fear they speaks the truth which further helps the court proceedings in giving a fair trial. This prevents the unnecessary delay that is usually there in the developing countries like India .

Stake Holders•Government

•Police

•Courts

ImplementationAs we known that there is lot of work that the Police of this country does, and with the current system it not possible to protect the witness as in many states there is shortage of police force. For this the State Government and the High Court of that respective case must together decide the number of policeman’s to be recruited only for protection of witness. The funding for the proposed solution would be done by the state government.

WITNESS PROTECTION will ensure that all the

important witnesses are secured and the unnecessary delay is avoided because of various kinds of threat to

them .

ALTERNATIVE JUDICIARYwill ensure early disposal of the pending cases which are pending in the courts from

more than past 3 years . This will also help in sharing of the

work load .

BETTER SUPPORT SYSTEMwill ensure more police force

which will ensure that the delay which is their due to

absence of adequate number of constables so that the

person can be presented in the court is not there .

ADRMaximum number of

pending cases in India are at lower level of the courts or at rural level . This will help in ensuring that cases at lower

level are disposed off as soon as possible .

WITNESS PROTECTION

Will the police work sincerely and not reveal the names of the important witness. As we all are aware that with paying bribes we can get any information, so the major challenge

would be to protect the identity of the witness.

ALTERNATIVE JUDICIARY

Will the already established judiciary in our country willing to work with another

equivalent judiciary? Also, will the retired judges agree to join the post of judges again

in this judiciary?

BETTER SUPPORT SYSTEM

Will the politicians provide a separate police force that will exclusively work for the

judiciary.

ADR

In ADR huge population is to be dealt with, so is the be difficult to manage public at a large and if it is not done properly it will

create a chaos.

COMMON CHALLENGESAre the political parties of ready to provide speedy trials as their many

cases registered against our Politicians ??The next big issue is bout the funding, when the country is having a huge

amount of current account deficit where will the government provide funds for this purpose