By- SHIPRA SALONI

Introduction

Ever since the establishment of the law in our society one guiding principle has remained constant – the famous quote that is used as legal maxim as well, “Justice delayed is the justice denied”. This profound quote is commonly attributed to a former British Prime Minister, William Ewart Gladstone. The legal maxim says that if the justice is not delivered at right time, it is equivalent to justice not being delivered at all. The maxim is the basis for the right to speedy trial and to expedite the legal system but is it being done? Is the essence of this maxim truly taken into account while delivering justice or is it cited only for symbolic value?

In this democratic era the promise of rule of law made to the society is being undermined. People have lost their faith in the legal system because of the agonizing wait for justice. When a case enters the courtroom and the judicial process begins to slow down –marked by mounting files, repeated delays and frequent adjournments, it reveals a harsh truth: when the justice is delivered long after it is needed, it is not different from justice being denied. In such circumstances, delay itself becomes a punishment – emotionally, socially, psychologically, and even economically for those who sought the law as a protection. This is not merely a procedural glitch. It is a critical human rights concern and a moral failure of our legal system. The courtroom, once venerated as the temple of justice, has now become the place where people have to appear innumerable times in pursuit of justice. What was intended to be sanctum for quick redressal of grievances demands repeated visits without substantive outcomes. Rather than getting timely justice the litigants are left with mere assurance of getting it resolved. Justice is kept on hold to such an extent that it’s impossible to predict when it might be delivered.

Judicial Delay in India:

The Preamble of Indian Constitution ensures justice –social, political and economic as a foundational ideal. The delayed justice is not merely the postponement of the a legal action; it’s judicial significance extends far beyond that. It encompasses the long – term consequences that result from such delays- those consequences which may often be irreversible.

When we look into the facts –

 According to the data given by the Times of India newspaper, In 2019 there were 3.3 Crore pending cases in Indian Courts. As of 15 September 2021 those cases raised to 4.5 crore in all over Indian courts mainly in district courts. This data shows that every minute about 23 cases are added in the pendency list for the last two years. As of 2^nd August 2022, there are approximately 71411 cases pending in the Supreme Court of India including 56365 of civil matters and 15076 are of criminal matters. Now the issue arises here is what are factors behind these delays and pendency and how can we overcome this issue?

• THE ANATOMY OF DELAY: What slows the wheels of justice?

If we look into the root cause of this delay, many hidden facts will unfold. Here are a few factors responsible for this injustice occurring within our society.

1. Overburdened Judiciary: It is well known that India is the world’s most populous nation. A large population often correlates with a higher rate of crimes occurring. The number of cases filed each year exceeds the court’s capacity to handle them efficiently. This situation gives rise to backlog of cases, leading to a slower judicial process and hinders the ability to obtain a prompt resolution. The overburdened judiciary results in a huge backlog of cases.
2. Inadequate strength of judges: The number of judges appointed to a district court is comparatively less in relation to the cases registered in that district which is a major cause of the rising pendency. With nearly 5 crore pending cases across various courts in India, judges are working under an immense pressure to deliver timely justice and reduce the backlog. The shortage of judges in the system causes delay in the proceedings and delivery of justice.

•  Deficient judicial infrastructure: Many courts have grave infrastructural deficiencies. They lack modern technology such as computerized case – managing tools, virtual documentation and other digital tools that expedite the procedure. These factors lead to delays in the delivery of justice and turn it into a punishment for society.

• Complex legal procedure: The legal procedure is in fact lengthy and complicated. It takes an ample amount of time, leading to delays in the delivery of justice.

• Unnecessary postponements and adjournments: Frequent adjournments requested by the lawyers, parties, witnesses or investigating agencies on unnecessary and irrelevant grounds are among the major causes of this issue.

• Inadequate funding: Judicial institutions are often managed with very limited financial resources, which sometimes obstruct the speed and quality of the judicial procedure.   

•  Corruption and Enforcement delays: Corruption within the system gives rise to this issue. The people in positions of authority or power often attempt to influence others to secure the outcomes in their favor.

• Ineffective case management: Mere the parties, lawyers or judges are not directly at fault; rather the slow paperwork, postponed hearings and lack of coordination among court –related agencies significantly contributes to the overall delay in justice delivery.

• LEGAL GRIDLOCK AND ITS HUMAN FALLOUT

‘Justice’ is not merely a legal outcome but a human experience. When it is delayed it feels like a devastating punishment for them – emotional, psychological, economic, social and physical as well.

1. Psychological, emotional and mental toll: People get mentally exhausted after the long-drawn legal process, repeated visits and negligible progress in their case. Even the victims spend a traumatized life until the case gets closed through the repeated hearings. The accused spends many years behind bar without conviction even if found not guilty after the trial.

• Financial ruin: Litigation is expensive. Litigants have to bear the legal fees, court expenses, travel costs and time-off work. The delay in the case means incurring even more financial burden on the litigants pushing them into poverty or debt often for a crime they didn’t commit.

• Social stigma: Due to the delayed and the lengthy legal procedure, the victims, the accused and the family of both parties suffer social exclusion, loss of employment and judgmental attitude from society. The accused even without conviction or proof of guilt is subjected with a cloud of suspicion and damaging rumors.
• Impact on successive generations: Children spend their childhood watching their parents spend their entire lives running between courts and legal proceedings. Many cases remain unresolved for an entire lifetime, and people often die without receiving justice in their cases.
• Erosion of trust in the legal system: When justice is not delivered timely it feels like a punishment for both the victims and the accused- especially if they are innocent. They lose faith in the legal system and avoid getting involved in such legal entanglements.

• REVIVING FAITH IN JUDICIAL SYSTEM

When it comes to identify the loopholes in the legal system then there must be an effort made to overhaul the gaps. In my opinion if law is made to serve justice, the legal system must prioritize human experience.

1. The number of judges must be increased according to the requirements and existing vacancies should be filled urgently.
2. A proper allocation of funds should be ensured for the judiciary to strengthen infrastructure, enhance technological capabilities, and support efficient delivery of justice.  
3. Adjournments should be granted only when truly necessary, and strictly on specific and exceptional grounds, to avoid unnecessary delays.
4. The Government should promote the Alternative Dispute Resolution (ADR) to resolve matters without going to court, reducing the burden on courts and minimizing case pendency.
5. Digital methods and modern technology should be implemented in court proceedings to reduce inefficiency and delays.
6.  A strong legal- aid system should be developed to make people aware of their rights and enable them to access timely justice. This would prevent unnecessary financial burdens and economic loses for litigants. As it would be free of cost and accessible to every individual in society, regardless of socio-economic or other factors.
7. The government should conduct regular audits and inspections of judges and court staff without compromising judicial independence, to ensure just and fair practices and prevent corruption inside the legal system.
8.  Court procedures should be simplified or streamlined, and the process of evidence collection should be expedited to avoid delays.

• RELEVANT AND LANDMARK JUDGEMNETS

There are many cases that serve as examples of justice being so delayed that it effectively became a punishment for both society and the victims. This is why it is often said that justice must be delivered in a timely manner to uphold law and order and to maintain public faith in the legal system.

• M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors, 2020 (1) SCC 1(Ayodhya verdict): On November 9, 2019, the verdict delivered by a 5 judge bench headed by the Chief Justice of India brought closure to one of the oldest legal disputes when the bench ruled that construction of the Ram Mandir could take place at the site of the Babri Masjid in Ayodhya, and expanded upon this ruling by affording the Central Government ‘to allot prominent 5 acres for construction of a mosque’ for the Muslim community in Ayodhya.

• Mukesh & Anr vs State For Nct Of Delhi & Ors, 2017 (6) SCC 19 (Nirbhaya Case): The Nirbhaya Case exemplifies the grave consequences of delay in India. It took nearly seven years for the perpetrators to be convicted, by which time the victim has passed away and her family had nearly lost hope. While such delays undermine public trust in the legal system, the eventual conviction reflects the judiciary’s perseverance and commitment to justice-even when it arrives late.

• CONCLUSION: Justice That Heals, Not Hurts

The concept of justice is inherently natural to all human beings. Everyone hopes for fairness and the right outcomes in their lives, and it is for this very purpose that the legal system exists. While justice may not always be achieved, it is essential to ensure that when it is delivered, it is done in a timely manner. The saying “Justice delayed is justice denied” holds deep truth — yet it is equally important to remember that “Justice hurried is justice buried.” Both extremes must be avoided to uphold the integrity of the legal system.”Thus, the judiciary should take a reasonable amount of time while ensuring that proper procedures are followed, the investigation is diligently carried out, and justice is neither rushed nor compromised.”

• REFERENCES
• https://vaquill.com/blog/justice-delayed-is-justice-denied/
• https://lawcrust.com/justice-delayed-india/
• https://blogs.worldbank.org/en/voices/how-long-too-long-when-justice-delayed-justice-denied
• https://blogs.worldbank.org/en/voices/how-long-too-long-when-justice-delayed-justice-denied
• https://www.legalserviceindia.com/legal/article-3313-justice-delayed-is-justice-denied.html
• https://www.thelawadvice.com/articles/justice-delayed-is-justice-denied-an-in-depth-analysis
• https://timesofindia.indiatimes.com/readersblog/lawpedia/judicial-delay-in-india-50731/
• https://www.scconline.com/blog/post/tag/nirbhaya/
•  https://www.scconline.com/