Need for ‘Indianization’ of Legal System

Q Why is it in News ?

A Chief Justice of India NV Ramana has asserted the need for the “Indianisation of our legal system”, pointing out that the colonial system being followed currently may not be best suited to the complexities of India.

Q What are Prospects of Indianization suggested by CJI?

A 

• CJI meant that the need to adapt to the practical realities of our society and localize 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.
• For whom do the court’s function, the CJI asked. For the litigants, who are the “justice seekers”. They are the ultimate beneficiaries.

Q What did CJI say?

A 

• CJI has said the ordinary Indian feels out of place in our courts where proceedings are lengthy, expensive and in English.
• Besides, judgments are either too long or technical or manage to be both.
• It is time for courts to wake up from their colonial stupor and face the practical realities of Indian society.
• 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.

Q Why is Indianization needed ?

A 

• Multiple barriers continue to thwart the citizen’s way to the courts.
• The working and the style of courts do not sit well with the complexities of India.
• The systems, practices and rules of courts are foreign and sourced from our colonial days. They do not take care of the practical realities of India.

Q What are Major suggestions by CJI ?

A 

(A) Simplification

• 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 Chief Justice said both judges and lawyers have to create an environment which is comforting for the litigants and other stakeholders.

(B) Alternate dispute mechanisms

• The CJI said alternate dispute mechanisms like mediation and conciliation would go a long way in reducing pendency, unnecessary litigation and save resources.