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What is the Impact of Pendency of cases on the Judicial System?

 What is the Impact of Pendency of cases on the Judicial System?


Denial of timely justice is tantamount to denial of justice - prompt case disposition is critical for maintaining the rule of law and ensuring access to justice. Article 21 of the Constitution guarantees the right to life and liberty, which includes the right to a speedy trial. A simple civil issue that might be settled in a few months now takes years to resolve due to the increase in the number of cases pending. Not only are there civil cases pending for more than 15 years, but there are also criminal cases pending for more than 15 years, cases in which the accused is in custody but it takes years for justice to be served due to sluggish police investigation and case pendency, causing grave harm to citizens' fundamental rights.

Has an impact on human rights - Human rights are violated as a result of overcrowding in prisons, which already have inadequate infrastructure. In some cases, prisons are overcrowded to 150 percent of their capacity. In criminal cases, the accused is either kept in jail or released on bail from the time he is apprehended until the case is decided; the second scenario is less common than the first, and due to the pendency of cases in courts, normal criminal cases take longer to be decided, resulting in the accused remaining in jail, whether guilty or not, and prisons becoming overcrowded. As a result, a prisoner's requirements cannot be provided, resulting in a human rights violation.

Corruption is on the rise - As the number of cases pending increases, people are less likely to fight for their rights or the injustices that have been done to them. The reason behind this is that individuals understand that filing a lawsuit in court will take years to resolve, resulting in a waste of time and money. Instead of battling the injustice, some people try to settle the situation illegally outside of court, for as by bribing the police officer not to file a FIR against them.


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