Berliner Boersenzeitung - Long wait for justice in India's backlogged courts

EUR -
AED 3.843876
AFN 71.46757
ALL 98.334246
AMD 408.921785
ANG 1.890704
AOA 954.443474
ARS 1053.32585
AUD 1.613486
AWG 1.883771
AZN 1.777411
BAM 1.957876
BBD 2.118145
BDT 125.3629
BGN 1.957013
BHD 0.39446
BIF 3099.055767
BMD 1.046539
BND 1.413685
BOB 7.275713
BRL 6.06951
BSD 1.049112
BTN 88.441624
BWP 14.331193
BYN 3.43314
BYR 20512.173424
BZD 2.114642
CAD 1.476149
CDF 3003.568546
CHF 0.92896
CLF 0.037025
CLP 1021.630219
CNY 7.576684
CNH 7.599007
COP 4588.813899
CRC 534.605448
CUC 1.046539
CUP 27.733296
CVE 110.379907
CZK 25.325311
DJF 186.808039
DKK 7.458059
DOP 63.219772
DZD 139.884617
EGP 51.926973
ERN 15.698092
ETB 130.810926
FJD 2.382918
FKP 0.826051
GBP 0.834804
GEL 2.857518
GGP 0.826051
GHS 16.522516
GIP 0.826051
GMD 74.304489
GNF 9040.497654
GTQ 8.100355
GYD 219.482679
HKD 8.143422
HNL 26.50985
HRK 7.465237
HTG 137.694658
HUF 410.442515
IDR 16664.414117
ILS 3.813119
IMP 0.826051
INR 88.232015
IQD 1374.256881
IRR 44046.230248
ISK 145.09192
JEP 0.826051
JMD 166.494914
JOD 0.742309
JPY 161.133064
KES 135.589536
KGS 90.828533
KHR 4210.423334
KMF 490.77458
KPW 941.885118
KRW 1464.203166
KWD 0.322093
KYD 0.874227
KZT 523.84534
LAK 23039.424621
LBP 93943.491644
LKR 305.273628
LRD 188.824765
LSL 18.967508
LTL 3.090159
LVL 0.633041
LYD 5.134443
MAD 10.539974
MDL 19.17733
MGA 4902.196931
MKD 61.570856
MMK 3399.119344
MNT 3556.14103
MOP 8.407012
MRU 41.716441
MUR 48.894341
MVR 16.169403
MWK 1819.1285
MXN 21.51026
MYR 4.672826
MZN 66.874137
NAD 18.967508
NGN 1761.461771
NIO 38.600552
NOK 11.639084
NPR 141.509665
NZD 1.794919
OMR 0.402907
PAB 1.049112
PEN 3.973312
PGK 4.225996
PHP 61.721228
PKR 291.376995
PLN 4.317163
PYG 8173.665089
QAR 3.826984
RON 4.97703
RSD 116.988424
RUB 108.818843
RWF 1432.404838
SAR 3.9296
SBD 8.781084
SCR 14.253917
SDG 629.495812
SEK 11.542347
SGD 1.411358
SHP 0.826051
SLE 23.782645
SLL 21945.414172
SOS 599.529847
SRD 37.145882
STD 21661.253876
SVC 9.179732
SYP 2629.461642
SZL 18.962102
THB 36.348931
TJS 11.182634
TMT 3.673354
TND 3.327532
TOP 2.451098
TRY 36.233815
TTD 7.125554
TWD 33.959925
TZS 2773.329504
UAH 43.536654
UGX 3887.120826
USD 1.046539
UYU 44.716123
UZS 13458.267417
VES 48.752124
VND 26595.184038
VUV 124.247268
WST 2.92151
XAF 656.646852
XAG 0.034486
XAU 0.000398
XCD 2.828325
XDR 0.802451
XOF 656.653133
XPF 119.331742
YER 261.556352
ZAR 18.95356
ZMK 9420.11208
ZMW 28.927667
ZWL 336.985279
  • RBGPF

    0.8100

    61

    +1.33%

  • SCS

    0.4500

    13.72

    +3.28%

  • BCE

    0.2500

    27.02

    +0.93%

  • GSK

    0.1900

    34.15

    +0.56%

  • CMSC

    0.0578

    24.73

    +0.23%

  • BCC

    8.7200

    152.5

    +5.72%

  • NGG

    0.1500

    63.26

    +0.24%

  • RYCEF

    0.0200

    6.79

    +0.29%

  • AZN

    0.7700

    66.4

    +1.16%

  • RIO

    0.6300

    62.98

    +1%

  • RELX

    -0.1800

    46.57

    -0.39%

  • BTI

    -0.0500

    37.33

    -0.13%

  • CMSD

    0.1200

    24.58

    +0.49%

  • VOD

    0.1800

    8.91

    +2.02%

  • JRI

    0.1600

    13.37

    +1.2%

  • BP

    -0.4000

    29.32

    -1.36%

Long wait for justice in India's backlogged courts
Long wait for justice in India's backlogged courts / Photo: Money SHARMA - AFP

Long wait for justice in India's backlogged courts

Sonia waited 32 years to see her rapists convicted, a glacially slow legal process all too common in India where half a million cases have been pending for longer than two decades.

Text size:

The violence inflicted on her was horrific and the trauma was compounded by years of painful stop-start trials, beginning in 1992 and ending only last month with six men jailed for life.

"My heart is full of pain," said Sonia, 52, who as a young woman, was bound gagged and raped in her home city of Ajmer in the northern state of Rajasthan.

"I could not do anything," said Sonia, whose name has been changed to protect her identity. "This should not happen to any girl."

In the world's most populous nation, a staggering 533,000 cases have been languishing in court for between 20 and 30 years, according to justice ministry figures.

More than three-quarters of them are criminal cases.

Last year, the Supreme Court warned victims may become "disillusioned when the legal process moves at a snail's pace", expressing their "anguish" at some cases taking as long as 65 years.

Nearly 3,000 cases nationwide have been pending for at least half a century.

- 'Justice denied' -

Sonia, against many expectations, eventually got justice.

In her case, part of a wider rape and blackmail trial, 18 men were charged.

But only a handful were initially in detention. Defence lawyers demanded the trial restart each time another arrest was made.

As the years wore on, trial lawyers came and went. Evidence was trawled over again and again.

Virendra Singh Rathore, who was at least the tenth public prosecutor to have handled the case, said it was "traumatic" for survivors.

"They would ask us, why we are bothering them, and, why the accused were not being punished," he said.

On August 20, a court in Ajmer sentenced six men to life imprisonment, ending a complex case that had seen years of twists and turns, several convictions and subsequent acquittals.

Rathore said the lives of the survivors would have been very different had justice been swifter.

"Others, who have had to endure such crimes, would have had the courage to come forward," he said.

"For the common man, justice delayed is basically justice denied -- or completely absent."

- 'Overburdened' -

The justice ministry has ordered hugely backlogged courts to prioritise the "speedy trial of specific cases of heinous nature", but their caseloads are overwhelming.

At least 44 million cases are pending across the country of 1.4 billion people.

That judicial jam could take decades -- if not centuries -- to clear at current speeds, even without a continuing pileup of fresh cases.

Procedures are bogged down in rigid rules rooted in the British colonial era.

There has been little investment in digital systems to streamline and organise hearings, while a meagre ratio of judges -- just 21 per million of population in India -- means procedures are notoriously slow.

New Delhi-based lawyer Mishika Singh, who founded the Neev Foundation to improve legal access for the city's poor, warns those seeking justice in an "overburdened" system to be ready to wait.

"We tell them very clearly that even to get an interim order, it can easily take a year to two years," she said.

"For the final decision to come, it can take three to four years, easily."

- 'Never-ending saga' -

Neelam Krishnamoorthy's two children, aged 13 and 17, were among the 59 killed in a blaze in a Delhi cinema in 1997.

After an epic legal fight, cinema owners Sushil and Gopal Ansal were sentenced in 2007 for negligence to two years in jail.

But that was challenged on appeal, and reduced to a fine.

Another case of tampering with evidence saw them sentenced to seven years in 2021, but a court in July set the pair free due to their age.

Today, 27 years since her children died, Krishnamoorthy is fighting an appeal case demanding they serve jail time.

"When I went to the court initially, I thought it was what I saw in films: you go to court, you have four or five hearings and justice is delivered," she said.

"I was in for a rude shock. This is a never-ending saga."

Krishnamoorthy accused the judicial system of only acting swiftly when a case captured public attention.

"They intervene if there is a public outrage," she said. "Don't other victims of crime like us need justice?"

(B.Hartmann--BBZ)