The growing backlog of cases in Uttar Pradesh courts has once again raised the problem of Indian judicial system backlogs. Lack of lawyers has emerged as the key reason for delay in hearing cases in district courts in the state, it has been found.
The bulk of hearings are postponed because the court fails to hear from legal representatives on dates and not every decision is right according to the report.
Not only does the absence of court representatives delay individual cases but it also adds to the backlog of thousands of litigants who are waiting for justice in court.
Uttar Pradesh has one of the largest judicial workloads in the country, with millions of civil and criminal cases pending at different levels. Although shortages of judges, infrastructure limitations and procedural complexities have long been recognized as major contributors to delays, the present findings put lawyers' absence at the forefront of the issue.
Legal experts say repeated adjournments caused by the non-appearance of advocates can cause unnecessary delays in court proceedings.
Every postponed hearing puts a greater burden on courts, lengthens the process and puts litigants under financial and emotional strain.
The issue is particularly concerning because justice delayed often translates into justice denied. Victims waiting for verdicts, undertrial prisoners seeking bail, families in the throes of a legal conflict and businesses waiting for a legal solution all suffer when hearings are repeatedly postponed.
The judicial system has made it very clear that more coordination is needed between lawyers, judges and court staff as well as the public.
Better case management systems, tighter rules on adjournments and digital technology should all be used so as not to cause delays.
E-courts, virtual hearings and digital case tracking have already been successful in a number of jurisdictions. But technology is not the answer because only if legal professionals are regularly involved in what is scheduled will the problem be solved.
Bar associations and legal bodies are also going to play an important role. Increasing timely attendance, professional accountability, preventing avoidable delays in the delivery of justice will make the justice system more efficient.
The results have reignited the debate on judicial reforms in Uttar Pradesh and across India. Policymakers will be looking into what should be achieved in order to reconcile litigants’ rights and practical problems that are faced by legal practitioners.
Reducing case pendency is an ongoing national priority. In the future, appointing more judges and building up the infrastructure of courts will still be necessary, but having lawyers in the courtroom to be ready to appear to deliver on the spot for court hearings will help.
Justice will be made available and effective to millions of people all over the country and we need to work closely with the judiciary, the legal fraternity and government.
