The Gruelling Course of litigation in India, Court Delays, The Hindu Editorial Explanation 11 October 2024.

This article is about how court delays where cases in India take too long, affecting people’s willingness to go to court. The President of India, Draupadi Murmu, talked about this issue and said many people are afraid to approach courts because the process is so slow and complicated. She called this the “black coat syndrome,” which means people are worried that going to court will make things worse for them, just like some people feel anxious in hospitals. The court delays include too many postponements (adjournments), repeated appeals, and increasing legal costs.

One major reason for these delays is how courts handle and schedule cases. A good system would set clear deadlines for everything—when to submit documents, question witnesses, and hold hearings. But since this isn’t done properly, cases take much longer to finish. Some rules were introduced to improve scheduling but haven’t been used consistently, so the problem continues.

Judges are under a lot of pressure at the district court level (the courts that handle most cases). They are asked by higher courts to finish certain cases quickly, which causes delays for other cases. Judges are also rated based on how many cases they finish, so they often focus on easier cases to meet their targets. This leaves the more complicated cases unfinished.

Lawyers also contribute to delays. They manage many cases at the same time and might ask for a postponement if they think it will be allowed. Sometimes, lawyers deliberately delay cases if they think it benefits their clients. For example, if a “stay order” (which pauses a case) is given, the client might see it as a win, so they don’t hurry to resolve the case. This causes more and more cases to pile up in the courts.

Witnesses also face problems because court schedules are unpredictable. They have to take time off work, travel, and put their lives on hold, but often the case gets postponed, so their effort is wasted. This makes witnesses less likely to show up in the future, leading to further delays.

To solve this problem, the article suggests that the court system needs a complete change, with everyone working together. Judges should not just be evaluated based on how many cases they finish but also on how well they handle more difficult cases. Lawyers should get better scheduling information to avoid unnecessary postponements. Witnesses should be given clear schedules and compensated properly for their time.

The article also suggests using technology to track case progress and identify delays. This could help make the courts more efficient. Without these changes, any new rules would just be “paper reforms,” meaning they wouldn’t solve the real problem.

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The Hindu Epaper Editorial Explanation given by Hello Student is only a supplementary reading to the original article to make things easier for the students.

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The Editorial Page of The Hindu is an essential reading for all the students aspiring for UPSC, SSC, PCS, Judiciary etc or any other competitive government exams.

This may also be useful for exams like CUET UG and CUET PG, GATE, GMAT, GRE AND CAT

To read this article in Hindi –https://bhaarat.hellostudent.co.in/

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