Chief Justice of India N V Raman said on Saturday that in our courts where proceedings are lengthy, expensive and in English, the common Indian feels isolated.
Besides, the decisions are either too lengthy or technical or manage to have both, the Chief Justice said.
The time has come for the courts to wake up from their colonial idiosyncrasies and face the practical realities of Indian society.
Chief Justice Raman said, “The need of the hour is Indianisation of our legal system.”
The rules and procedures for dispensing justice should be simplified. Ordinary, poor and rural Indian should not be afraid of judges or courts.
They should not think twice before approaching the courts. Chief Justice Ramana said, “He should be able to speak the truth.”
multiple constraints
Instead, many obstacles continue to obstruct the citizen’s path to courts.
“The functioning and style of the courts are not in tune with the complexities of India,” he said.
The system of courts, practices and rules are foreign and sourced from our colonial days. They do not care about the practical realities of India.
“When I say Indianisation, I mean the need to adapt to the practical realities of our society and localize our justice delivery system. For example, parties to a rural location fighting a family dispute are usually brought to court. are made to feel out of place. They do not understand the arguments or arguments which are mostly in English, a different language for them. These days the judgments have become longer, which further complicates the position of the litigants. To understand the implications of the verdict, they are forced to spend more money.”
The CJI asked for whom do the courts work. For the litigants, who are “justice seekers”. They are the ultimate beneficiaries, the top judge said.
“Simplification of justice delivery should be our prime concern. It is important to make justice delivery more transparent, accessible and effective. Procedural hurdles often undermine access to justice,” the CJI said.
The Chief Justice said that both the judges and the lawyers have to create an environment which is comfortable for the litigants and other stakeholders.
alternative dispute mechanism
The CJI said alternative dispute mechanisms like mediation and conciliation would go a long way in reducing pendency, unnecessary litigation and saving resources.
Chief Justice Ramana quoted former Chief Justice of the US Supreme Court Warren Burger as saying, “The notion that ordinary people want black-dressed judges, well-dressed lawyers as settings to settle their disputes is a problem. Sufferers, like people with pain, want relief and they want it as quickly and cheaply as possible.”
The CJI was speaking at an event organized by the Karnataka Bar Council to pay tribute to the late Supreme Court judge Justice MM Shantanagoudar.
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