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{Article} Polity: Achievements of Law & Justice Ministry in 2012

Written By VOICEEE on Thursday, December 27, 2012
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  • Introduction: As pendency of cases in various courts continued to be a major concern of the Ministry of Law & Justice, the focus of pendency reduction drive this year has been to make our judicial system ‘five plus’ free i.e. to dispose of cases that are more than five years old. Simultaneously, emphasis was laid on increasing the number of judges in subordinate judiciary by filling the existing vacancies and creating additional posts so that disposal of cases is expedited by setting up of additional courts. The year 2012 proved to be a milestone year for the Ministry of Law & Justice as probably for the first time, as per information received from the High Courts, the net pendency in all courts was reduced by over 6 lakh cases.  Out of them about 1.36 lakhcases were of the targeted groups such as senior citizens, disabled, minors and marginalized sections of society. 
  • National Mission for Justice Delivery and Legal Reforms (NMJDLR): Besides, the Government has set up a NMJDLR with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities. The National Mission has a time frame of five years (2011-16) to pursue them. Infrastructure development for the subordinate judiciary is a major thrust area for the National Mission.  With a view to enhancing the resources of the State Governments, the Government has increased the central share by revising the funding pattern from 50:50 to 75:25 for States other than North Eastern States, and to 90:10 for North Eastern States.
  • e-Courts Mission Mode Project: In order to improve the justice delivery system, the Government is implementing the e-Courts project in a mission mode, since 2007. The project envisages computerisation of 14,249 district and subordinate courts as well up gradation of the information and communication technology infrastructure of the Supreme Court and the High Courts in the country, so that citizen centric eServices can be initiated to make justice delivery more affordable and transparent. A total of 11,165 district & subordinate courts have already been computerised under the on-going project; another 3,084 district and subordinate courts would be computerized in the next 15 months. Once computerised, the courts are envisaged to provide a host of eServices to litigants and public at large though a website, such as - case filing, certified copies of orders and judgments and case status. Similarly, the advocates can access the cause lists online under this project.
  • Re-engineering Court Procedures and Court Processes: A comprehensive scheme of National Court Management Systems (NCMS) has been formulated and notified by the Supreme Court of India on 2nd May 2012.  Under the NCMS, a National Framework of Court Excellence (NFCE) is being prepared, which will set measurable standards of performance for courts addressing the issues of quality, responsiveness and timeliness. A Case Management System (CMS) will be developed to ensure the user friendliness of the judicial process to the stakeholders. The Policy and Action Plan of National Court Management System was released by Chief Justice of India on 27.09.2012. The National Mission would coordinate with the NCMS and would render necessary assistance in achieving the goal of reducing pendency in courts.
  • The Judicial Standards and Accountability Bill: The Bill was introduced in the Lok Sabha on 1.12.2010. It was discussed in the Parliamentary Standing Committee (PSC), and the recommendations made by the PSC have been considered and taken into account in finalizing the Bill. The Bill was considered and passed in the Lok Sabha on 29.3.2012. It is now pending for consideration and passing in the Rajya Sabha. The Bill will go a long way in empowering the citizens and establishing the confidence and faith of the people in the judicial system without exposing them to unnecessary risk.
  • Legal Aid: No polity can claim to be just if it cannot provide access to justice for all the sections of its population. For it to have any meaning, justice must be available to all, but particularly to the most marginalized and the vulnerable person in our society. Free legal aid is crucial to ensure that people are able to access justice delivery institutions irrespective of their income criteria. Unlike many other countries, India has a very progressive legal aid law that provides free legal services for a wide variety of people – women, children, workers, people living with disability, SCs, STs, those earning below Rs. 1 lakh per annum etc. Legal aid is available for both criminal and civil matters. Avenues to access legal aid under the Act are available from the Supreme Court down till the district and taluka level. The Government will now be focusing its efforts to establish Legal Aid Clinics even at the village level so as to ensure access to justice for the people at their door steps. Paralegals will be trained across the country to empower and assist the marginalized people in accessing their rights and entitlements, and to man the legal aid clinics. Good practices from other parts of the world are being studied with a view to adapt them to our context. With UNDP support, the Ministry of Law & Justice sent 4 delegations to Indonesia, South Africa, Malawi and Sierra Leone to study good practices on legal aid and empowerment.
  • Gram Nyayalas: The Gram Nyayalayas Act, 2008 has been enacted and was come into force in Oct, 2009 to provide for establishment of Gram Nyayalayas at the Inter Mediate Panchayat level by State Governments in consultation with respective High Courts so that speedy and affordable justice could be provided to the common man at his doorsteps. As per the information available, till beginning of December 2012 a total of 168 Gram Nyayalyas have been notified by 7 States namely Madhya Pradesh, Rajasthan, Orissa, Karnataka, Maharashtra, Jharkhand and Goa of which 151 have become operational. Considering that implementation of GramNyayalayas Act is a thrust area of the Government, it was decided that issues effecting the implementation of the scheme may be placed before the  Chief Justice of India and Chief Justice of the High Courts in the meeting to be convened shortly. It is pertinent to mention here that complete implementation of Gram Nyayalaya scheme would result in addition of around 5,000 courts at intermediate panchayat level affording quick and inexpensive justice for common man.

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