Chief Justice of India N V Ramana on Friday referred to as for “Indianisation” of the nation’s authorized system declaring that the colonial rules at present adopted will not be suited to the wants of the Indian inhabitants.
“Very often our justice delivery poses multiple barriers for the common people. The working and the style of courts do not sit well with the complexities of India. Our systems practise rules being colonial in origin may not be best suited to the needs of Indian population. The need of the hour is the Indianisation of our legal system”, the CJI mentioned whereas addressing an occasion organised by the Karnataka State Bar Council to pay tributes to late Supreme Court choose Justice Mohan Mohan Shantanagoudar.
Explaining this, CJI Ramana identified: “When I say Indianisation, I mean the need to adapt to the practical realities of our society and localise 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” .
The CJI underlined that courts ought to be litigant centric, as they’re the final word beneficiaries.
“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 common man should not be apprehensive about approaching the courts and authorities. While approaching the court, he should not feel scared of the judges and the court. He should be able to speak the truth,” he mentioned.
The CJI acknowledged that it’s the responsibility of attorneys and judges to create an setting that’s comforting for the litigants and different stakeholders. “We must not forget that the focal point of any justice delivery system is ‘the litigant-the justice seeker’,” he mentioned, including that “in this light, usage of alternate dispute mechanism such as mediation and conciliation would go a long way in reducing the friction between parties and would save resources. This also reduces the pendency and requirement for having lengthy arguments with lengthy judgments”.