Asia Jan
One of the most unquestionable legal maxims in human history is “justice delayed is justice denied.” This concept serves as the foundation for the right to a speedy trial and other rights intended to speed up the judicial system since it is unjust for the person who was hurt to have little chance of receiving a prompt and efficient redress and resolution. The term has become a catchphrase among legal reformers who believe that courts, tribunals, judges, arbitrators, administrative law judges, commissions, or governments are moving too slowly to resolve legal matters. This might be due to a number of factors, including the complexity of the case, the overburdening or complicated nature of the current system, or the lack of political support for the subject or party in question. It is noteworthy to quote Pandit Jawaharlal Nehru, our first honorable prime minister, who said: “Legislation cannot generally fix deep-rooted societal issues by itself.” Although there are alternative methods to address them, legislation is vital and required, so it may provide a push and contain educational components in addition to the legal penalties that support it, which aid in shaping public opinion.
Conviction of the guilty and acquittal of the innocent are only two aspects of administering justice; a fair and prompt trial is another. As everyone is aware, a swift trial is urgently needed. Since justice cannot be claimed to have been served without a timely trial, it is one of the fundamental human rights. Almost all international charters and treaties have approved it. In the criminal justice system, a rapid trial serves the dual purposes of protecting the accused from needless detention prior to his conviction and ensuring justice for the victim. Therefore, the need for a rapid trial resulted from needless delays in case resolution. In the 1981 case State of Maharashtra v. Champalal Punjaji, it was noted that the court had the right to evaluate whether the accused had contributed fairly to the time required, whether the delay was inadvertent, or if the court’s docket was overloaded or the prosecutors were understaffed when determining whether the right to a speedy trial had been denied. There are several explanations for why the trial may have been delayed. The most well-liked of them are:
i)The judicial system’s features, such as case pending, court vacation, judge population ratio, and judicial independence.
ii)The lawyer’s actions, such as using extended arguments to impress clients, taking adjournments, and failing to prepare the case.
iii)The accused’s actions, such as running away or acting uncooperatively, etc.
The Right to Speedy Trial concept has evolved throughout time, but its objectives are still unknown. The idea behind the Right to Speedy Trial is to expedite the resolution of cases in order to increase the effectiveness and reliability of the judiciary. Establishing justice in society is the primary goal of the Right to Speedy Trial. Human rights are necessary because of human life. It is crucial to provide each individual with a relatively decent living, as we live in a civilized society with laws and systems. As a result, all rights are human rights, as they enable people to live like human beings. The fundamental goal of the legal system established by each state’s apparatus is to provide victims of crimes with justice.
As per the recent data, The number of rape and POCSO cases pending in India’s Fast-Track Special Courts (FTSCs) as of September 2024 exceeded two lakh. In an effort to speed the resolution of child rape and sexual assault cases, the government introduced the FTSC program in October 2019. Since October 2019, India’s Fast-Track Special Courts have successfully resolved 52% of rape and Pocso cases; nevertheless, more than two lakh cases are still pending.
Increase in Prevention of Sexual Harassment; In FY23–24, 2,325 POSH complaints were filed, compared to 1,807 in FY22–23. In addition, there were 435 pending complaints in FY23–24 compared to 260 in FY22–23.
The police looked into 296 events in total in 2022; 202 of the cases were newly reported, and 94 of the previous year’s acid attack cases were still under investigation.
Under the Domestic Violence (DV) Act, there were 21,088 pending appeals and 471,684 initial cases in India as of July 1, 2022. The information was given to the Supreme Court by the National Legal Services Authority (NALSA).
According to the National Crime Records Bureau’s (NCRB), there has been an alarming increase in crimes against women, with over 11,000 incidents recorded between 2020 and 2022 in Jammu & Kashmir alone. J&K registered 3716 crimes against women in 2022—much higher than the 3405 incidents in 2020—despite a slight decline from 3937 cases in 2021.A startling 886 occurrences of women being kidnapped or abducted were reported in 2022, raising serious concerns about the practice. Six cases involved human trafficking, while 462 cases involved kidnapping and abduction with the intention of forcing a forced marriage. The number of rape cases is still concerning; 287 cases were reported in 2022. The fact that 276 of the perpetrators in these cases were known to the victim shows how common intimate partner violence is.
According to the report, 34 cases were covered by the Dowry Prohibition Act of 1961, and 3214 cases of assault on women with the intention of upsetting their modesty were reported in 2022. There has been a rise in cybercrimes against women as well; 54 cases were recorded in 2022. Even with these alarming figures, the J&K Police’s 2022 report on crimes against women presents a nuanced picture. Out of the 5667 cases that were submitted for investigation, 1929 cases from the previous year were still pending. 22 cases were also reopened for investigation, highlighting the difficulties in wrapping up these cases.
Former J&K State Commission for Women chair Vasundhara Pathak Masoodi expressed grave concern about the sharp rise in crimes against women in the area. “Gender-based violence incidents, including acid attacks, rape, murder, suicides, dowry deaths, and sexual offenses at work, have increased dramatically in J&K. To protect the wellbeing of women in the area, the data highlight the urgent need for swift and deliberate reflection and action, the speaker stated. “Where such cases have witnessed a sharp rise, per contra, the conviction rate is relatively very low,” Masoodi said, expressing concern over the legal system. A low conviction rate gives abusers more confidence because they believe that anyone can get away with committing such crimes because convictions are so rare.” She stated that a lot of people were spending uncontrollably on dowry items and wedding celebrations in an attempt to secure their daughters’ futures in marriage, but this was frequently backfiring. “The husband’s family doesn’t seem to be satisfied with anything, and their demands keep coming up. Ultimately, the girls either returned to their parents’ houses, or commit suicide. In order to reduce violence against women in Jammu and Kashmir, I hope the J&K administration gets serious and takes immediate action,” the chair stated.
The Indian constitution places a strong obligation on the judiciary to provide legislative mechanisms to address issues pertaining to the administration of justice. The establishment of an independent judicial system, the inclusion of fundamental rights, and the directive principles of state policies all demonstrate our constitution’s framers’ dedication to establishing the judicial system as a reliable component of the state apparatus that the public may trust and rely on in the hopes of justice. The Magna Carta, a seminal work of English law, is where the right to a prompt trial is first recognized. “No one shall be deprived of his life or personal liberty unless in accordance with the method prescribed by law,” states Article 21. When considering the bail plea in Babu, Justice Krishna Iyer According to Singh v. State of UP, “Our legal system has slow motion syndrome, which is fatal to a “fair trial” regardless of the final verdict, even in serious instances. Since society as a whole cares about the criminal being duly and ultimately punished within a reasonable time frame and the innocent being spared the excessive suffering of judicial processes, speedy justice is a component of social justice. The idea of the right to a swift trial is becoming more and more important every day.
The right to a speedy trial is a basic right that is implicit in the protection of life and personal liberty entrenched in Article 21 of the Constitution. Any accused person who is denied this right may petition the Supreme Court under Article 32 to have this right enforced, and the Court may, in the course of doing its constitutional duty, issue the necessary directives to the state governments and other relevant authorities to ensure that the accused person has this right. Promulgation is only one part of the issue, even though tougher regulations and harsher penalties are crucial in discouraging people from committing such crimes. Such actions might be discouraged by legal remedies such as modifications to increase conviction rates. Despite addressing some of these concerns, the criminal law reform is still lacking in several areas. Recognizing that judicial reform is simply one facet of the problem is crucial; there are other, more compassionate facets as well. The Apex Courts have ruled in their judicial declarations that a quick trial is an intrinsic right under Article 21 of the constitution, meaning that no one shall be deprived of his life and liberty without following the law, which must be “fair,” “reasonable,” and “just.”
Finally, despite the numerous measures put in place to guarantee prompt justice, the Indian people are still not receiving it in the genuine sense. There are several explanations for the trial’s postponement. Even though the right to a fast trial is a basic one, its effective implementation nevertheless necessitates thorough legal analysis and practical research.
Asia Jan is post graduate in Political Science from Aligarh Muslim University and can be reached at : asiakashmiri001@gmail.com