The institutionalised sluggishness of the legal system, Pg8

Key Highlights:

• India's legal system faces a crisis due to massive case pendency, with over five crore cases clogging the courts.
• The prolonged legal process results in delayed justice, impacting the lives, dignity, and livelihoods of individuals, especially those charged under laws like the UAPA.
• The article calls for embracing digital solutions like AI and data-driven case management to reduce backlogs and improve efficiency.
• It emphasizes the need for a more inclusive judiciary with better representation for women and marginalized communities.
• The author advocates for improved legal aid and decentralization of courts to enhance accessibility and affordability of justice.

Detailed Insights:

• The Indian legal system's sluggishness transforms justice into an endurance test, with procedural bottlenecks and frequent adjournments causing significant delays.
• Individuals charged under stringent laws like the UAPA often languish in prisons without trial, highlighting the urgent need for fixed timelines for trials and bail considerations.
• Integrating Artificial Intelligence (AI) and data-driven case management can streamline administrative tasks, flag delays, and assist in legal research.
• The judiciary has been criticized for lacking diversity, with calls for breaking barriers to ensure representation from women and marginalized communities.
• High costs of legal representation make justice a luxury, necessitating an overhaul of the legal aid system to provide quality representation for the poor.
• Decentralizing courts through regional benches or virtual hearings can make justice more accessible, reducing the burden on litigants from remote areas.
• Preserving constitutional morality and judicial independence is crucial, requiring accountability through live-streaming of important cases and transparent judicial appointments.
• Shifting from an adversarial legal culture to a culture of resolution is essential, along with equipping judges with technological proficiency.

Key Concepts Involved:

• Pendency: The accumulation of unresolved cases in the legal system.
• UAPA (Unlawful Activities (Prevention) Act): Anti-terrorism law under which individuals can be detained for long periods.
• Legal Aid: Provision of free or affordable legal services to those who cannot afford them.