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Dilapidated State of Infrastructure in Lower Judiciary
Context:
A recent report published by the Ministry of Law and Justice has highlighted the poor state of infrastructure in district courts across the country.
Major Findings:
- Lack of space: Severe overcrowding along with the heavily burdened case files and archived documents.
- IT infra shortfalls: Only 45% of judicial officers surveyed reported having electronic display facilities, while 20% indicated that installations are still in progress. Around 32.7% of judicial officers responded that they do not have any video conferencing facilities available in their district court complex. Additionally, 41% of support staff reported lacking computer units with multifunctional printers.
- Lack of fire safety: Around 39% of judicial officers reported the absence of fire safety equipment within their courtroom premises. 36.3% of judicial officers said that their courtrooms lack adequate seating and essential furnishings which compromises the comfort and functionality.
- Basic amenities: Only 14.6% of male support staff and 10.7% of female support staff have common rooms, while 73.7% of all support staff do not have attached toilets.
- Transportation and accommodation: About 44.5% of judicial officers use their personal vehicles for official duties due to the lack of government-provided vehicles. Approximately 50.4% of judicial officers responded that they reside in government-provided accommodations.
Implications of Dilapidated Infrastructure:
- Case Backlogs: Inadequate infrastructure leads to overburdened courts, resulting in a massive backlog of cases. (As of 2023, Indian courts had a pendency of over 4.5 crore cases.)
- Access to Justice: Poor court infrastructure forces litigants to travel long distances, making access to justice tedious and expensive. This hampers the timely resolution of disputes.
- Security Concerns: Insufficient security infrastructure can expose judges, lawyers, and litigants to threats, especially in high-profile or sensitive cases.
- Productivity Impact: Well-designed courtrooms and equipped facilities enhance the productivity of judges and lawyers, enabling effective case preparation and proceedings.
- Economic Impact: Timely justice is essential for economic growth. Failure to deliver justice promptly can cost the economy significantly, affecting GDP and foreign investments.
- The World Bank has conducted studies linking delays in justice to economic losses, including reduced investment and GDP growth.
Solutions:
Increased Government Allocation through Dedicated Budget:
- Allocate a substantial and consistent budget for judicial infrastructure development.
- The Union Budget 2023-24 allocated Rs 7,000 crore for the launch of the third phase of the e-Courts project.
- The Department of Justice’s Centrally Sponsored Scheme (CSS) also aims to develop infrastructure facilities for the judiciary.
Public-Private Partnerships (PPPs):
- Encourage private sector involvement in building and maintaining court infrastructure.
- The former CJI suggested developing a National Judicial Infrastructure Authority of India (NJIAI).
- Regular Audits: Conduct regular audits to prevent corruption and misuse of funds.
Technological Advancement
- Digital Courts: Promote the use of technology for case management, record-keeping, and virtual hearings.
- Only 9 out of the 25 High Courts in India have implemented live streaming of court proceedings. In the Supreme Court itself, live streaming is limited to only Constitutional cases.
Infrastructure Upgradation:
- Ensure adequate internet connectivity and computer facilities in all courts.
- Cybersecurity: Invest in robust cybersecurity measures to protect sensitive judicial data.
Capacity Building:
- Public Awareness: Educate the public about the importance of judicial infrastructure and their role in its upkeep.
Judicial Reforms
- Case Management: Implement efficient case management systems to reduce pendency.
- Alternative Dispute Resolution (ADR): Promote ADR mechanisms to reduce the burden on courts.
- Judicial Appointments: Ensure timely appointments of judges to reduce caseloads.
Public Participation
- Feedback Mechanisms: Establish platforms for public feedback on court infrastructure and services.
- Community Involvement: Encourage community participation in the upkeep of court premises.
- Sustainable Practices: Incorporate sustainable design and construction practices.