Manas Dasgupta
NEW DELHI, Sept 18: Calling for “Indianisation” of the country’s present legal system, the Chief Justice of India N V Ramana on Saturday regretted that in most cases the ordinary Indians feel themselves to be out of place in our courts where proceedings are lengthy, expensive and in English.
Addressing an event organised by the Karnataka State Bar Council to pay tributes to late Supreme Court judge Justice Mohan M Shantanagoudar, the chief justice said the country’s legal system still followed the colonial rules which might not be suited to the needs of the Indian population. Judgments are either too long or technical or manage to be both, the Chief Justice said.
It is time for courts to wake up from their colonial stupor and face the practical realities of Indian society. “The need of the hour is Indianisation of our legal system,” Chief Justice Ramana said. Rules and procedures of justice delivery should be made simple. The ordinary, poor and rural Indian should not be scared of judges or the courts, he said.
“Very often our justice delivery poses multiple barriers for the common people. The working and the style of courts do not sit well with the complexities of India. Our systems practise rules being colonial in origin may not be best suited to the needs of Indian population. The need of the hour is the Indianisation of our legal system”, the CJI said.
Explaining this, CJI Ramana pointed out: “When I say Indianisation, I mean the need to adapt to the practical realities of our society and localise our justice delivery systems. For example, parties from a rural place fighting a family dispute are usually made to feel out of place in the court. They do not understand the arguments or pleadings which are mostly in English, a language alien to them. These days, judgments have become lengthy, which further complicates the position of litigants. For the parties to understand the implications of a judgment, they are forced to spend more money.” The CJI underlined that courts should be litigant centric, as they are the ultimate beneficiaries.
“The simplification of justice delivery should be our pressing concern. It is crucial to make justice delivery more transparent, accessible and effective. Procedural barriers often undermine access to justice. The common man should not be apprehensive about approaching the courts and authorities. While approaching the court, he should not feel scared of the judges and the court. “He should not think twice before approaching the courts. He should be able to speak the truth,” he said.
For whom the courts function, the CJI asked. For the litigants, who are the “justice seekers.” They are the ultimate beneficiaries, the top judge said. “The simplification of justice delivery should be our pressing concern. It is crucial to make justice delivery more transparent, accessible and effective. Procedural barriers often undermine access to justice,” he said. .
The CJI stated that it was the duty of lawyers and judges to create an environment that was comforting for the litigants and other stakeholders. “We must not forget that the focal point of any justice delivery system is ‘the litigant-the justice seeker’,” he said, adding that “in this light, usage of alternate dispute mechanism such as mediation and conciliation would go a long way in reducing the friction between parties and would save resources. This also reduces the pendency and requirement for having lengthy arguments with lengthy judgments.”
Chief Justice Ramana quoted former Chief Justice of the U.S. Supreme Court Warren Burger, “The notion that ordinary people want black robed judges, well-dressed lawyers in fine courtrooms as settings to resolve their disputes is incorrect. People with problems, like people with pains, want relief and they want it as quickly and inexpensively as possible.