Civil Procedure Code (CPC)

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                              RIGHT TO JUSTICE

 

          ALL RIGHTS THAT LEGALLY ACCRUE TO AN INDIAN CITIZEN HAVE TO BE ENFORCED EVENTUALLY THROUGH COURTS.  THE WAY OUR JUDICIAL SYSTEM IS WORKING, MAKE IT IMPOSSILE FOR THE COMMON CITIZENS TO THINK OF SUCH RIGHTS EXCEPT WHEN IT IS GIVEN TO HIM BY BUREAUCRACY OUT OF PITY OR CHARITY.   ALL SUCH RIGHTS BOIL DOWN TO NOTHING IN PRACTICE EXCEPT FOR RICH AND INFLUENTIAL CITIZENS.  THUS MAJORITY OF CITIZENRY OF THIS DEMOCRATIC COUNTRY IS DEPRIVED OF ITS RIGHTS.

 

          IF  CITIZENS DESIRE TO HAVE RIGHTS AS A MATTER OF RIGHT, THEN THEY WILL HAVE TO FORCE THE GOVERNMENT TO URGENTLY REFORM THE JUDICIARY AS A FIRST STEP IN EMPOWERING THE CITIZENS. IT HAS TO MAKE IT EFFICIENT IN ALL ITS GAMUT INCLUDING QUALITY AND COST OF JUSTICE FOR THE COMMON CITIZEN.

 

  WHILE LARGE NUMBER OF SECTORS ARE BEING OPENED UP FOR PRIVATE SECTOR PARTICIPATION, IT WILL BE ADVISABLE TO CONSIDER PRIVATE SECTOR PARTICIPATION IN JUSTICE DELIVERY SYSTEM.

 

            To improve on the situation, Government should consider inviting private sector to jointly man the judiciary in India. A regulatory framework may be designed by an act of parliament after consulting legal experts, renowned N.G.Os, retired judges and eminent lawyers. The private sector will infuse resources, efficiency, and ensure speed and quality of justice, as they have been doing in other sectors. They will be in a position to contain corruption and committed judgement, as they will be in a position to attract best talent in terms of integrity, knowledge and commitment to justice.  The govt. can give tax concessions or monetary support to this initiative. A judicial authority under the superintendence and control of Supreme Court can supervise functioning of such private courts. The cost of litigation in private courts may be higher, but if one takes into account corruption, cost of delay and mental harassment, the justice is nonetheless very costly in govt courts at present.

 

Govt may argue that the judicial system may be misused by private sector. But at present also judiciary is being misused grossly and bluntly. The private courts will have lesser evil than the present system. We can start with civil and petty criminal cases in few districts and blocks.

 

Otherwise also unofficial private courts are in existence, which are managed by anti-social elements and local dons. People out of trust of fair deal or out of fear resort to such unofficial private courts.

 


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