Post-1991, much has been said about economic reforms and its impact on the economic landscape of our country. Countless hours as been spent debating the need and the effectiveness of such reforms in our country. But what concerns me is there is hardly any murmur in the need for reforming one of the 3 pillars (along with executive and legislative) that forms the very core of India’s existence. The pillar which the common man views as the last resort when every other avenue fails – our judicial system.
March 12, 1993
The city of Mumbai experiences one of the worst terror attacks in Indian soil outside Kashmir.
Sep 04, 2006
We are still awaiting a verdict from our esteemed courts.
A cursory look at the number of pending cases in our courts is not for the faint-hearted.
Supreme Court – 19,806 (all based on 1998 estimates, I pray and hope that this has gone down now)
High Courts - 2.65 million
Subordinate courts, the courts kuppans and subbans go seeking justice - 20 million.
I am not exactly looking for reasons here. Our learned lawyers and judges can come up with reasons aplenty. They have the acumen to still justify the vacation they take during summers - some cases pending for decades notwithstanding.
So how does this affect the common man? What are the consequences? Let me get into Flashback mode here.
During the early seventies, in a sleepy little town in south tamil nadu, a trader comes to a well-to-do jewelry shop owner looking for a house for rent. The jewelry shop owner decides to let one of his 800sq.ft house for a monthly rent of 35 Rs.
Five years roll by.
The jewelry shop owner falls sick. His business goes down. He wants to increase the rent for his out house from 35 to 50. The trader simply refuses. What’s more, he also refuses to vacate the house. Moreover he goes to court with his own set of accusations about the rent being exorbitant and all. The court grants a stay and orders that even the 35 bucks rent that he paid should henceforth be paid to the court till the case is settled.
The trader continued to pay 35 bucks for more than a decade, thanks to the court stay he had managed. But times had changed so much that the same house would have easily fetched 500 -600 rupees as rent then.
The jewelry owner dies.
His sons take over the reins. But still they could not do much regarding this letout house. They had tried all legal methods to vacate this trader.
They were even ready to pay him something. The trader simply said this house was very lucky for him and that he would not vacate.
So when did the case got settled eventually? Any guesses? One? two? Five? Ten?
It stretched even beyond. It was late 80s and the trader still managed to pay 35 bucks to the court. At last one of the sons, after innumerable court visits and vakil meetings spoiling his work, decided enough was enough with being law abiding and all. He befriended the assistant of a local goon (the local goon is a minister in the present DMK government) and paid him a few thousand bucks to handle this issue.
The sons got back their house in a matter of weeks.
The well-to do jewelry shop owner is none other than my late maternal grandfather. His sons, obviously, my uncles one of whom continues to stay in that very house today.
Now what kind of picture does it paint? If justice cannot be delivered quickly, what’s the point in justice at all?? It’s an irony that these same courts go about preaching and laying down guidelines for all sections of the society in all walks of life. So much for Judicial activism!!And all I, as a common man is asking for is an active judiciary which simply does its job efficiently.
The rich and the wealthy always have access to the best lawyers, special leave petitions and all. It’s the poor and the law-abiding that suffer the most at the hands of the courts and the lawyers.
What is really sickening is, there is hardly any talk or public debate on the need for and the urgency of reforms in this sphere. It looks like people have resigned to the sordid state of affairs. Six decades have gone since independence and we have not even started debating on the need for a change in the way things are being handled by courts and lawyers.
Unless our judiciary and the legal system in general reinvents itself, India will forever be a third-world country where lawlessness and chaos reign supreme.