Lock them up, don't throw the key away

The high level of pendency of cases in courts, even in fast-track courts, and undertrials accounting for more than half of the prison population signals a deep problem in the justice system. Changes are needed across the justice value chain. There are 4.1 crore cases pending in district and subordinate courts, of which at least 38 lakh are in trial for more than a decade - this includes nearly 1.2 lakh cases pending for over 30 years. Fast-track courts, set up to clear backlog of cases, particularly those long-pending cases of heinous crimes, and crimes against elderly, women and children, have fared no better. The number of pending cases in fast-track courts is 10.8 lakh.

Justice delayed is, indeed, justice denied. Pending cases means undertrials. Over the past two decades, undertrials have, on average, accounted for 65% of the prison population. In 2020, the share of undertrials was 76%. The solution lies in speedy and proper investigation and time-bound resolution of cases, including options for mediation and settlement where warranted. This requires ensuring that vacancies in police and investigative agencies are minimised. Investigative agencies should have wherewithal for thorough investigation. This would include adequate access to forensic labs, DNA testing, etc. Proper legal representation must be made available to all. This will automatically reduce the number of undertrials and ensure there is no miscarriage of justice. Courts, too, must be staffed to ensure that that caseload does not build up.

A democratic system in which the judicial pillar is failing in dispensing justice does not augur well. Unfortunately, in India, the wheels of justice have been historically slow, sometimes almost immobile. It is time for an overhaul.