News Highlights:
- According to the India Justice Report (IJR) 2022, Indian courts are jammed with cases and are functioning with fewer judges than the sanctioned number.
- According to the report, Karnataka has achieved the top rank among the 18 large and mid-sized states in the delivery of justice with populations over one crore.
India Justice Report (IJR):
- About:
- The India Justice Report (IJR) was initiated by Tata Trusts in 2019, and this is the third edition.
- The foundation’s partners include the Centre for Social Justice, Common Cause, Commonwealth Human Rights Initiative, DAKSH, TISS-Prayas, Vidhi Centre for Legal Policy and How India Lives, IJR’s data partner.
- This third IJR also separately assesses the capacity of the 25 State Human Rights Commissions in the country.
- The 3rd edition also assesses the capacity of the 25 State Human Rights Commissions in the country separately.
- Parameters:
- This report is based on overall data of 4 pillars of justice delivery:
- Police
- Judiciary
- Prisons
- Legal aid
- Each pillar was examined through the lens of finances, human resources, workload, diversity, infrastructure, and trends in comparison to the state’s own proclaimed norms and benchmarks.
- This report is based on overall data of 4 pillars of justice delivery:
Key Highlights of the Report:
- Justice Delivery rankings:
- The list of 7 Small States with a population less than one crore each was topped by Sikkim, which was ranked second in 2020.
- Arunachal Pradesh and Tripura have followed Sikkim.
- The State of Goa is at rank Seven which is the lowest.
- Karnataka has moved to first place among the 18 major and mid-sized states with populations of over one crore regarding justice delivery, including the police, judiciary, prisons, and legal aid.
- Tamil Nadu came in second place, with Telangana coming in third. Uttar Pradesh is ranked 18th, which is the lowest.
- Shortage of Judges:
- The Indian judiciary faces a severe shortage of judges and infrastructure, leading to rising pendency, increasing caseloads, and declining case clearance rates (CCR) in lower courts.
- As of December 2022, the High Courts operated with just 778 judges, despite a sanctioned strength of 1,108.
- The subordinate courts were reportedly operating with 19,288 judges, despite a sanctioned strength of 24,631 judges.
- Increasing Pendency:
- In most states, the number of cases pending per judge has increased over the last five years, although the sanctioned strength has stayed relatively constant.
- At the High Court level, Uttar Pradesh has the longest average pendency; cases are pending for an average of 11.34 years, while West Bengal has a pendency of 9.9 years.
- Tripura has the lowest average High Court pendency (1 year), Sikkim (1.9 years), and Meghalaya (2.1 years).
- Case Clearance Rate (CCR)
- A typical statistic used to estimate the pace at which cases are disposed of in the case clearing rate (CCR) or the number of cases disposed of in a year divided by the number of cases filed in that year.
- A CCR greater than 100% shows that the number of outstanding cases is decreasing.
- According to the report, the High Courts are solving more cases than the subordinate courts. Between 2018-19 and 2022, the national average in High Courts increased by six percentage points (88.5% to 94.6%) but decreased by 3.6 points (93% to 89.4%) in Subordinate courts.
- The High Courts of Kerala and Odisha have the highest case clearance rates — 156% and 131%, respectively — while the High Courts of Rajasthan (65%) and Bombay (72%), respectively, have the lowest.
- Court Halls:
- Nationally, the number of court halls appears sufficient for the number of actual judges, but space will become a problem if all the sanctioned posts are filled.
- In August 2022, there were 21,014 court halls for the 24,631 sanctioned judges’ posts, a shortfall of 14.7%.
Recommendations:
- Filling vacant judges and adequate infrastructure
- The shortage of judges and infrastructure is a significant concern for the Indian judiciary, leading to a rise in pendency and declining CCR in lower courts. The government needs to address this issue by filling vacant judge posts, providing adequate infrastructure, and taking measures to improve the efficiency of the judicial system.
- Better police training and infrastructure:
- There is a need for better police training and infrastructure, reducing overcrowding in prisons, and improving the speed and efficiency of the judicial system.
- Access to legal aid:
- There should be greater attention to be paid to the needs of victims of crime, including improving access to legal aid and victim compensation schemes.
- By addressing these challenges, India can move closer to achieving a more equitable and effective criminal justice system.
Pic Courtesy: The Hindu
Content Source: The Hindu