There are crores of cases pending for years and years....
So my ques is.......
are there many loopholes in the juducial system, or are the people running it incapable...?
2007-07-25 08:52:41 · 9 answers · asked by Kalpak I 2 in Politics & Government ➔ Government
There are no loopholes in the judicial system but there is lot of misuse of the provision of law as provided in various statutes available in our legal system. Let me give you a very simple example a couple find difficult to live together as husband & wife, best thing for them is to approach the family court & move a joint petition for divorce & get free form each other. Now what actually happens the wife goes & tells her parents about this discord between them & if he parent happens to be in public/government service the legal worm starts moving in them & they make her to go & file all sort of false complaints/cases with regards to dowry demand, cruelty & domestic violence. If she approaches the so called women welfare organizations they too guide her to such complaints/cases & so is the case with our idiotic police who basically know nothing about matrimonial law but guide her towards this path. Poor lady is now struck & has to do as asked by all or any of these. The lawyer engaged by her plays his own great role in further misguiding her & making her file further cases for custody of children, maitenance, restitution of conjugal rights etc. So in the end one finds this lady has already filled a dozen cases against her husband & here both start this long legal battle that goes on for 8 to 12 years. Nothing is settled & one day after 12 years they both realize that its better to call off the battle, seek divorce by mutual consent, then they write a question & post here in yahoo seeking legal opinion regarding this. A person like me comes out & explains the whole process of getting decree of divorce by mutual consent. Then they realize that they were really fool listening to all sort of misguided advice & the correct advice & easiest way out for ending the marital life between them was as told here by a sensible person like me. If all the guys engaged in these legal battles listen to a sensible advice of out of court settlement between them for any dispute or engage an arbitrator for this settlement won't the burden of court cases come down drastically? One should go to court if things are beyond their control or just to go & get a decree of court for the settlement of the issue to make it legally enforceable & legally recognizable. Do you think judges sitting in all the three tier system are very happy when new cases come before them hearing? No they dissuade the parties on the very first date to avoid all this legal battle settle the things between them out of court & get the court stamp on this settlement, but unfortunately no one listen to this wise advice so the out numbered court cases still pending in all levels.
2007-07-25 20:02:04 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 0⤋
I support what D has mentioned
- "N" number of Loopeholes!! A Case can be filed irrespective of it being misused since there is nothing to bother about since even if disproved the one who filed it can walk scot free!! The Highest number of cases that are filed by misusing the laws are the Marital Laws - the Dowery Harassment and the new DV to balckmail, harass and extort money
- The Most unethical breed of Humans are the Indian Judges and Lawyers (Note our New Prez too was a Lawyer!!) - They look at every individual as a scapegoat and how they can squeeze money out of them and have no concern of destroying their lives.
- The most Curropt Breed. You lawyer can easily be purchased by the opposite party and he foe even Rs 1 would ditch you.
- The most Incapable Breed - the Judges they work by sentiments and emotions and not right or wrong or justice!!
The most Un Ethical Breed - Go to a court one woudl find at least a 200s case is being heard by each Judge each only god knows how he can remember all of them and after a couple of hearings the Judge gets transfered and a new one comes in. So where does the Case stand.
The Highest number of Cases pending in courts across India is marital related and 90% of them are fake cases!!
2007-07-25 10:45:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Because of (a) nasty Politics prevailing in Indian democracy, huge number of vacancies in Judiciary are not being filled up, resulting in piling of cases. (b) Judiciary, although a "separate" pillar of our Constitution, could not FORCE the Government to take positive steps to fill up all vacancies. There is no scope to say that we are running manpower shortage problem ! Finally, (c) when we read in leading newspapers that to BRIBE judiciaries, more than 2600 crores of rupees had been spent, AND THERE WERE NO COMPLAINTS FROM THE JUDICIARY TO DENY OR DEFY THE REPORT, it may be clear where the nexus lies. So, we may recall what Netaji Subhas Chandra Bose had said that prior to establishing Democratic set up, the people should be made disciplined in all matters under Military Rules, for a decade only. Let us hope for a leader like Sri Bose.
2007-07-25 19:33:29 · answer #3 · answered by Gauranga B 2 · 1⤊ 0⤋
Neither there are any loop holes nor the people who are running the system are incapable.
Pending and piling up of cases can be attributed to many reasons like less number of courts and judges, attitude of advocates, cumbersome procedures, lethargy and lackadaisical attitude in bureaucracy, and to some extent in judicial system, corruption etc.
The innumerous number of legislations (Acts/Statutes) and their amendments is another problem.
A major problem above all is population. Guess if our population is one quarter of present one, with the same number of courts and judges.
2007-07-25 22:22:29 · answer #4 · answered by murali k 3 · 0⤊ 0⤋
The number one is Ambedkar quoted that this law will be applicable only for 25 years it can withstand only that much but still we follow the same law.......
The second thing is the severity if some one commits a crime give the punishment then and there...... simple like arab countries if the punishment is severe automatically the crime rate and other things will come down...
2007-07-26 07:08:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
36 million cases pending in India, who will solve ? Indian people run over the cases and lastly he/she will die ,cases should not completed .Indian judicial system link with Internet solved the cases one by one .
2007-07-25 15:45:07 · answer #6 · answered by dighalbank 3 · 0⤊ 0⤋
complex probel and simple answer. the government has to increase the number of courts and appoint new magistrates,jedges etc. There are too many cases chasing too few courts.
2007-07-25 14:12:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The problem is threefold: the people running it are incapable, lazy & greedy.
2007-07-25 08:57:26 · answer #8 · answered by D returns 2 · 0⤊ 0⤋
no
2007-07-25 19:31:54 · answer #9 · answered by Anonymous · 0⤊ 0⤋