Justice delayed is Justice denied

Justice delayed is Justice denied

The Issue

How many of you have had the below experiences? I am sure, most of us.

  • As an employee, it feels exploitative when the employer does not follow labour laws like entitlement of leaves, pay scale, terminal benefits, adherenace to normal working hours etc 
  • As an entrepreneur, it is frustrating that employees do not follow the terms of engagement like adherance to exit policies, committed deliverable, internal disciplinary policies
  • As an insured person, the insurance companies' delay or denial of the rightful claims or entitlements 
  • Service providers deficient and inferior services be it mobile service, internet speed or connectivity
  • Consumer products having sub-standard quality
  • Shops with boards saying "No warranty, No refunds"
  • Misleading advertisements with false claims
  • Companies cartels leading to unfair trade practicies 
  • Disputes with the Builders, Construction Companies, Society or Associations during or after acquisition of immovable properties
  • Unfair school fees despite having fee regulation committees
  • Rampant Corruption
  • Red tapism in getting services from almost all the government departments or local authorities who mostly do not follow citizen charter
  • Auto Rikshaw or taxi refusing rides or riding without meter
  • Cyber crimes
  • Unsolicited spam marketing calls and emails
  • All sorts of Criminal activities 
  • Illegal presence of agents and brockers
  • Restaurants and food joints charging illegal GST
  • Tax avoidance and money laundering

Do you know, there are laws to address all of the above, however, there is a complete absence of effective implementation, easy and effective grievance redressal mechanism and judiciary to help victims in a timely manner.

I have got many occasions to experience the perils of delay in the Indian legal system at a few instances, thus, I believe I can write this petition and request support of my fellow Indian citizens to bring about a change. 

India has perhaps much stronger laws when compared with other developing countries, however, the implementation is a BIG question mark followed by sluggish judiciary system which takes years to deliver justice. It takes more than 10+ years in any lower courts and quasi-judiciary authorities. The journey for any complainant is so painful in the entire process that hardly leaves any motivation for anyone to take the help of the legal system. In nutshell, India has a completely broken and ineffective legal system.

The delay is primarily due to shortage of judges, non-availability of benches of courts or judicial officers to hear matters coupled with a series of adornments that prolong a matter for years together, long summar vacation break, lack of citizen charter and absence of performance evaluation mechanism in the judiciary. I do not understand a reason why judiciary should have a different yard stick than other services.

As per The World Justice Project Rule of Law Index® 2021, India is placed at 77th rank among 140 countries surveyed which indicates a weaker adherance of rule of law. The Report measures countries’ rule of law performance across eight factors: Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice. This is an indicator of how India is faring across the globe. 

It is high time, we bring in efficiency and accountability in legal system. I do not find any reason why performance appraisal with citizen charter should not be in place in the most important function of implementing the rule of law in India that can bring radical social and economical changes. Today, criminals and offenders hardly fear law. These anti-national elements get away with their evils due to poor judiciary and rampant corruption in the system.

I wish to congratulate you and the the Modi Government on starting efforts in this direction. Recently, I have read that Niti Aayog is working on the proposal to bring transparency in the legal system. The National Judicial Data Grid current report says that there are 42+ million pending cases presently. This only includes cases pending before various courts in India and does not include those before quasi-judicial authorities. If we add those cases, the number would be horrifying. the The Economic Times report dated May 7, 2019 quoted Niti Aayog's strategy document that it will take 324 years just to clear the present case backlog at the current rate of disposal. Probably, due to such reasons only, many prefer to take the law in hands rather than to rely on our legal system.

It is said that "Justice delayed is Justice denied" and I endorse it. If you also endorse it, I would request you to sign and share this petition in large number.

Honestly, after a few encounters with the Indian legal system, I have decided not to get into it anymore. Fast and fair justice is the fundamental right of any citizen under the Indian Constitution. The delays have shaken the faith in and the confidence of people of India from Indian judiciary. I do not wish to pass on such heritage to my child.  I want a strong and high headed India, having best judiciary in the world that delivers justice in no time. Let the world know that India is the last country to spare you if you don't follow the law of the land. This will break the vicious cycle of crime and reduce the crime rate to a substantial extent and will facilitate honest offsprings with high moral values. 

I know this is a long process and will take many years but small initiatives bring major change. I am writing this petition as I have full faith in the commitment and patriotism of the present Government.

I am not sure if this is the right way to represent myself but may be this is the only mode that helps me know if my fellow Indians feel the same agony and anger and then reach out to you with merits.

Committed to do my bit to introduce a change!

Thank you,
Sincerely,
Khanjan Chhaya

avatar of the starter
Khanjan ChhayaPetition Starter

11

The Issue

How many of you have had the below experiences? I am sure, most of us.

  • As an employee, it feels exploitative when the employer does not follow labour laws like entitlement of leaves, pay scale, terminal benefits, adherenace to normal working hours etc 
  • As an entrepreneur, it is frustrating that employees do not follow the terms of engagement like adherance to exit policies, committed deliverable, internal disciplinary policies
  • As an insured person, the insurance companies' delay or denial of the rightful claims or entitlements 
  • Service providers deficient and inferior services be it mobile service, internet speed or connectivity
  • Consumer products having sub-standard quality
  • Shops with boards saying "No warranty, No refunds"
  • Misleading advertisements with false claims
  • Companies cartels leading to unfair trade practicies 
  • Disputes with the Builders, Construction Companies, Society or Associations during or after acquisition of immovable properties
  • Unfair school fees despite having fee regulation committees
  • Rampant Corruption
  • Red tapism in getting services from almost all the government departments or local authorities who mostly do not follow citizen charter
  • Auto Rikshaw or taxi refusing rides or riding without meter
  • Cyber crimes
  • Unsolicited spam marketing calls and emails
  • All sorts of Criminal activities 
  • Illegal presence of agents and brockers
  • Restaurants and food joints charging illegal GST
  • Tax avoidance and money laundering

Do you know, there are laws to address all of the above, however, there is a complete absence of effective implementation, easy and effective grievance redressal mechanism and judiciary to help victims in a timely manner.

I have got many occasions to experience the perils of delay in the Indian legal system at a few instances, thus, I believe I can write this petition and request support of my fellow Indian citizens to bring about a change. 

India has perhaps much stronger laws when compared with other developing countries, however, the implementation is a BIG question mark followed by sluggish judiciary system which takes years to deliver justice. It takes more than 10+ years in any lower courts and quasi-judiciary authorities. The journey for any complainant is so painful in the entire process that hardly leaves any motivation for anyone to take the help of the legal system. In nutshell, India has a completely broken and ineffective legal system.

The delay is primarily due to shortage of judges, non-availability of benches of courts or judicial officers to hear matters coupled with a series of adornments that prolong a matter for years together, long summar vacation break, lack of citizen charter and absence of performance evaluation mechanism in the judiciary. I do not understand a reason why judiciary should have a different yard stick than other services.

As per The World Justice Project Rule of Law Index® 2021, India is placed at 77th rank among 140 countries surveyed which indicates a weaker adherance of rule of law. The Report measures countries’ rule of law performance across eight factors: Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice. This is an indicator of how India is faring across the globe. 

It is high time, we bring in efficiency and accountability in legal system. I do not find any reason why performance appraisal with citizen charter should not be in place in the most important function of implementing the rule of law in India that can bring radical social and economical changes. Today, criminals and offenders hardly fear law. These anti-national elements get away with their evils due to poor judiciary and rampant corruption in the system.

I wish to congratulate you and the the Modi Government on starting efforts in this direction. Recently, I have read that Niti Aayog is working on the proposal to bring transparency in the legal system. The National Judicial Data Grid current report says that there are 42+ million pending cases presently. This only includes cases pending before various courts in India and does not include those before quasi-judicial authorities. If we add those cases, the number would be horrifying. the The Economic Times report dated May 7, 2019 quoted Niti Aayog's strategy document that it will take 324 years just to clear the present case backlog at the current rate of disposal. Probably, due to such reasons only, many prefer to take the law in hands rather than to rely on our legal system.

It is said that "Justice delayed is Justice denied" and I endorse it. If you also endorse it, I would request you to sign and share this petition in large number.

Honestly, after a few encounters with the Indian legal system, I have decided not to get into it anymore. Fast and fair justice is the fundamental right of any citizen under the Indian Constitution. The delays have shaken the faith in and the confidence of people of India from Indian judiciary. I do not wish to pass on such heritage to my child.  I want a strong and high headed India, having best judiciary in the world that delivers justice in no time. Let the world know that India is the last country to spare you if you don't follow the law of the land. This will break the vicious cycle of crime and reduce the crime rate to a substantial extent and will facilitate honest offsprings with high moral values. 

I know this is a long process and will take many years but small initiatives bring major change. I am writing this petition as I have full faith in the commitment and patriotism of the present Government.

I am not sure if this is the right way to represent myself but may be this is the only mode that helps me know if my fellow Indians feel the same agony and anger and then reach out to you with merits.

Committed to do my bit to introduce a change!

Thank you,
Sincerely,
Khanjan Chhaya

avatar of the starter
Khanjan ChhayaPetition Starter

The Decision Makers

Kiren Rijiju
Kiren Rijiju
Union Minister, Ministry of Law and Justice

Petition Updates

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Petition created on 12 April 2023