In recent news, Chief Justice of India (CJI) D Y Chandrachud has brought to the forefront the issue of the “tareekh-pe-tareekh” culture in the Indian legal system. This culture, borrowed from a famous Bollywood movie, symbolizes the frustrating delays in delivering justice due to the frequent adjournments in court proceedings. With this article, we delve into this significant issue, explore the statistics of pending cases in India, discuss possible solutions, and analyze the profound effects of a large number of pending cases on the Indian judicial system.
Understanding the “Tareekh-pe-Tareekh” Culture
The phrase “tareekh-pe-tareekh” translates to “date after date” in English and has become synonymous with the persistent practice of adjournments and delays in the Indian legal system. The term gained widespread recognition due to a popular dialogue delivered by actor Sunny Deol in the Bollywood movie “Damini,” where he expresses frustration with the system’s inefficiency.
Chief Justice Chandrachud has recently urged lawyers and the legal fraternity to refrain from perpetuating this culture, particularly in the Supreme Court. The central issue lies in the frequent requests for adjournments, which often result in prolonged cases, making it difficult for justice to be served promptly.
Statistics of Pending Cases in the Indian Justice System
The issue of pending cases is a longstanding problem in India’s legal system. According to the National Judicial Data Grid (NJDG), which provides real-time data on pending cases in Indian courts, there were over 3.7 crore (37 million) pending cases across various courts as of November 2022. This staggering number includes cases at all levels of the judiciary, from the lower courts to the Supreme Court.
The data reveals that the situation is particularly dire in lower courts, where the majority of cases are pending. High Court and Supreme Court cases also contribute significantly to the backlog. The high caseloads in these courts have led to long waiting periods for individuals seeking justice.
Possible Solutions for Pending Cases in India
Addressing the issue of pending cases in India is a complex challenge, but several potential solutions could help alleviate this problem and improve the efficiency of the justice system:
- Mediation and Alternative Dispute Resolution (ADR): Promoting ADR methods, such as mediation and arbitration, can help reduce the burden on courts by resolving disputes outside the traditional legal process.
- Increased Judicial Capacity: Expanding the number of judges, especially in lower courts, can help clear the backlog. This includes filling existing vacancies and creating additional posts.
- Use of Technology: Implementing digital solutions like e-filing, videoconferencing for hearings, and electronic case management can streamline the legal process and reduce paperwork.
- Specialized Benches: Creating specialized courts or benches for specific types of cases, such as commercial or environmental matters, can lead to more efficient case disposal.
- Case Management Systems: Effective case management systems that prioritize older cases and manage adjournment requests can ensure timely resolutions.
- Legal Awareness and Education: Increasing legal literacy among the public can prevent frivolous litigation and reduce the number of cases filed.
The Effects of a Large Number of Pending Cases
The extensive backlog of pending cases has far-reaching consequences for the Indian judicial system, litigants, and society as a whole:
- Delay in Justice: The most significant effect is the prolonged delay in delivering justice. Individuals and businesses may have to wait for years or even decades for their cases to be resolved, causing frustration and eroding faith in the legal system.
- Economic Impact: The economic impact is substantial, with businesses tied up in legal disputes, resources allocated to litigation, and economic activities disrupted. This also discourages foreign investment and economic growth.
- Psychological Stress: Prolonged legal battles take a toll on the mental and emotional well-being of litigants. The uncertainty and stress associated with unresolved cases can have long-lasting effects.
- Inefficiency and Corruption: The overload of pending cases can lead to inefficiencies within the system. It also creates opportunities for corruption, as individuals may resort to unethical means to expedite their cases.
- Denial of Rights: In many cases, justice delayed can be justice denied. Delayed resolutions may lead to the denial of fundamental rights and entitlements.
- Undermining the Rule of Law: A backlog of cases undermines the fundamental principle of the rule of law, which is a cornerstone of any democratic society. It weakens the trust of citizens in the legal system and can erode social order.
Conclusion
The “tareekh-pe-tareekh” culture, symbolizing the culture of delays and adjournments in the Indian legal system, is a deeply rooted issue that requires immediate attention. Chief Justice Chandrachud’s call for reform is a crucial step in addressing this problem. The statistics of pending cases in India are alarming, and the consequences of this backlog are significant.
To alleviate this problem, various solutions such as promoting ADR, increasing judicial capacity, adopting technology, and legal awareness campaigns can be implemented. Addressing the issue of pending cases is not only a legal imperative but also essential for the overall well-being of Indian society. It’s time for a reformation of the justice system, ensuring that justice is not only blind but also swift and accessible to all.
