President Droupadi Murmu has expressed concern over the adjournment culture prevailing in the country, stating that a common man, especially a poor person, who travelled from his village to the court in his pursuit of justice, was highly disappointed by the tradition of courts alloting dates after dates in his case.
Addressing the valedictory ceremony of the two-day National Conference of the District Judiciary on Sunday, the President told the audience that they must have heard about the ‘white coat’ syndrome, where the patient’s blood pressure increased in the presence of doctors.
She said the common persons, especially those belonging to the economically weaker sections of society, faced a similar plight in the courts, where they went with the hope of seeking justice, but were only given further dates. It wouldn’t be wrong to term it as ‘blackcoat’ syndrome, she noted.
The President said people in villages considered courts and judges as Gods because they dispensed justice. However, she had seen people from villages expressing fear of going to the courts. The poor only became a part of the justice system when their situation compelled them.
A villager easily accepted injustice because he felt that seeking justice would make his life more painful. For him, to travel to the court from village itself was a mental and physical torture. In such conditions, the tradition of alloting dates after dates was very painful. One could not even imagine the pain a villager went through in such conditions.
Mentioning the saying, ‘Mills of the god grinds slowly, but they grind exceedingly fine,’ the President observed that if a someone got justice after 32 years, there would hardly be any happiness left in that person.
Every step should be taken to improve this situation, she added.
She further said that the victims of sexual offences, such as rape came to the court after a considerable period of time and after going through a lot of trauma. The repeated adjournment of their case gave them a feeling that the justice system was not sensitive towards them.
Unveiling the new flag and insignia of the Supreme Court to mark its 75th year, President Murmu said in 75 years of its establishment, the Supreme Court has played a seminal role in being the protector of the justice system of the world’s biggest democracy.
From the past to the present, everyone in the judicial system has contributed to take the country’s jurisprudence to the highest pedestal.
She said the insignia of the Supreme Court has been inscribed with a Sanskrit Shloka, which occurred many times in the Hindu epic Mahabharat and meant, where there was ‘Dharma,’ there was victory.
She applauded the Apex Court for organising various programmes to mark 75 years of its establishement, stating that this would ensure that people continue to trust the judiciary.
She said to have hope and faith in the justice delivery system has been a part of India’s tradition. A very famous Hindu poet Munshi Premchand’s story Panch Parmeshwar was available in almost all Indian languages including English.
What Munshi Premchand wanted to convey in this story was that the one responsible for dispensing justice must ensure impartiality. All judicial officers in the country have the paramount duty to dispense justice with truth and righteousness, she added.
President Murmu also appreciated the Supreme Court for organising Lok Adalats.
She said conferences like the present one should be organised every two to three months considering the pendency of cases in India.
The pendency of cases and backlogs was a big challenge faced by the Indian judiciary. This issue should be given priority.
Noting that one of the sessions of the Conference was dedicated to discussing the issue of case management, the President said she was sure the discussion would be fruitful.
President Murmu also appreciated that the courts have considerably improved in terms of administration, infrastructure, facilities, and manpower. However, she stressed on the need for rapid development in all aspects.
She further expressed her pleasure over the increasing number of women in the judiciary, which in many States, was more than 50 percent.
Speaking about the various challenges faced by the judiciary, President Murmu said all stakeholders, including the courts, government and police should come together to address these issues, such as those concerning the evidence and witnesses.
She said it was a sad reality that some people who committed crimes roamed free, while the victims lived a fearful life. Women victims suffered the worst in such cases because even society left them alone to deal with the issue.
She further spoke about the children of convicted mothers and juveniles, seeking measures for the well-being of these children, as well as juveniles.
President Murmu suggested that the judiciary should prioritise giving legal aid to juveniles.
The President appreciated Section 479 of the Bharatiya Nagarik Suraksha Sanhita, which allowed the release of undertrials on bail, if they had undergone detention for a period extending up to half of the maximum period of imprisonment specified for that offence under that law.
The proviso to Section 479 BNSS introduced a new relaxation for first-time offenders, who have never been convicted of any offence in the past. As per the proviso, such persons can be released if they have undergone detention for the period extending up to one-third of the maximum period prescribed for that particular offence.
The time prescribed under the corresponding provision of the Code of Criminal Procedure, Section 436A CrPC, was one-half of the maximum period.
The conference was organised by the Supreme Court to mark the 75th year of its establishment. Chief Justice of India DY Chandrachud, Union Minister for Law & Justice Arjun Ram Meghwal, along with 800 judges from across the country, attended the two-day event.
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