Thursday, February 3, 2022

Essay on Justice delayed is justice denied

 Justice Delayed is Justice Denied

As the current situation in India shows, justice delayed is justice denied. Though difficult to define, it can be said that justice varies according to situations and individuals. People visit courts to seek justice from the law, but our judicial system does not deliver justice to the victim as quickly as expected. The victims' facts and evidence cannot satisfy the judicial system. Because we live in a democracy like India, in which there is a rule of law, delivering justice in a timely manner to the victims is very important to prevent miscarriage of justice. Delays and unresolved questions have been the reason for controversy for the Indian judiciary for a long time.
Justice


William Edward Gladstone (the former PM of England) cited the phrase 'Justice Delayed is Justice Denied,' it means that, within a certain period of time, justice is not served, but even after that, justice may have been served, but it still is not justice because justice has not been served within that exact period of time. Although a system of justice may be difficult to understand, it has the genuine significance of the judicial rights of civilians. Justice is everyone's right. It should be served within a specified amount of time.


Cause of Delay in Justice

There is an inadequacy of judges in the Indian judiciary that is responsible for the long pending cases. The number of judges is not sufficient. If we do not have a sufficient number of judges to handle the cases, the underlying motive of equity will be unfulfilled. 
Sometimes, the police are taking their time in filing charges due to lack of investigation. The phrase, 'justice delayed is justice denied,' fits perfectly here. After the charge sheet is deposited with the court, it still takes some time to begin taking the case on. After that, the court will contact the accused and victims with lawyers and set up a date to discuss the case.
Major delay in justice is caused by pending cases. Indian courts are recording fake cases with the false intention of disqualifying others. In addition, the Delhi Women's Commission (DCW) has found that every 53.2% of assault cases are falsified. 
Nowadays to increase productivity private sector use computer and new technologies but our judiciary has not been provided with technical assistance, such as faxes and other similar instruments. Each court has hundreds of files containing pending cases. 

Major Drawbacks of Justice Delayed

A major problem in this day and age is the dilatoriness of the justice process. People unfortunately fall victim to injustice. Most Indians are illiterate and poor, yet they pay advocates to get justice. Nirbhaya's case can serve as the best example, where the incident occurred on 16th December 2012 that shook the whole country, but justice was not delivered until 10th September 2013, a delay that shook the whole country as well.
Justice Delay


Justice is not delivered in a timely manner by the jurisdiction. A delayed decision by the courts can often help the culprit evade justice. Families of victims suffer a lot due to delayed justice. 
The biggest crime is knowing the truth and doing nothing about it. In India, there are many cases pending in the courts, and the law is insufficient to resolve them all in the limited time. Many case are not solved due to inadequate amount of evidences. Due to which culprits are releases from the prison and victim didn't get justice.
Culprit who did crime and are not behind the bars, they will not afraid of our judiciary due to which they can do more such crime. Therefore our judicial system to be strict of their laws and should punish the culprits.


Resolve of Justice Delay

There is a serious need to increase in the number of judges, specifically at the local level, to enable ordinary citizens to have access to the courts. A group of judges, lawyers, and legal scholars who would administer retraining exams to the Indian Judicial Service (IJS) needs to be instituted at the national level.
An investigation by the police plays a significant role in the pursuit of justice. Police should catch culprit and file case as soon as possible. The law and order should be stricter to ensure that justice is delivered in time. 
Serious crimes should be handled by special courts. Crimes such as murder, rape, burglary etc. Such courts are dedicated exclusively to crimes of this kind. They should be set up with supremacy to make direct decision on felonies. Once they have found the offender, they should trial the case on a daily basis.
An appropriate, rational, and due hearing is necessary for fair justice and balance of convenience. Law is a remarkable achievement and deserves great respect. 

Conclusion

The term "justice delayed and denied" means that if justice is not carried out immediately, even if it is carried out later, it is still not really justice because a period of time passed when there was a lack of justice. Therefore, there should be a system which work on daily trial basis and punish culprits as soon as possible.


FAQs(Frequently asked question)

1 Why is Justice delayed justice denied?
Ans. Justice delayed justice denied because there was a lack of justice when there was demand for justice.

2. What is the reason of delay in justice?
Ans. Delay in justice is caused due to
  • inadequate number of judges per million
  • Number of pending cases
  • delay in investigation by police

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