Expediting trial process

The long pending cases of under-trials is a blot on the Indian justice delivery system. According to an estimate, over two-third of the incarcerated people in the country’s jails are under-trials. Part of the reason is due to the fact that the undertrials are extremely poor and are unable to furnish bail-bonds or provide sureties. The article 39A of the Indian constitution is based on the socialistic principle which states that the state is obliged to provide free legal aid to the poor. In this context, institutions like National Legal Service Authority and State Legal Services Authorities have been institutionalized. Yet these institutions have failed to aware the prisoners of their rights, leave alone the provision of free legal aid.

The government needs to strengthen judicial infrastructure by creating more courts at the district and state level. The Alternate Dispute Redressal mechanisms have largely reduced the burden on the higher courts. Therefore, more such institutions need to be encouraged. There should be enhanced appointments of judicial personnel in district courts, high courts and supreme courts. Often, the judicial positions are reported to have lied vacant resulting in acute shortage of judges. Most importantly, it is the political will that matters the most when it comes to judicial appointments and promoting infrastructure requirements. The government needs to provide financial allocations for such initiatives. The legal services authorities should be given greater autonomy and financial assistance to pursue the pending cases to logical ends.