Men Rights India

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » Uncategorized » Feedback on Strengthening the Justice Delivery Process to Rajya Sabha Secretariat

Feedback on Strengthening the Justice Delivery Process to Rajya Sabha Secretariat

31 Aug 2018 By videv Leave a Comment

As per this press release dated 3rd Aug 2018 by DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE
ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE, feedback from general public is solicited towards “Strengthening the Justice Delivery Process”.

👉(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act 👈

👉(Read Online eBook): Alimony and Maintenance under Hindu Law👈
Contents hide
1 Points/Feedback on strengthening the Justice Delivery Process
2 Explanations and Reasoning

Link to press release: http://164.100.47.5/committee_web/Press_ReleaseFile/18/104/194P_2018_8_10.pdf

Full text of press release below:

DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE
ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE
The Department-related Parliamentary Standing Committee on Personnel,
Public Grievances, Law and Justice headed by Shri Bhupender Yadav, M.P.,
Rajya Sabha, is presently examining the subject “Strengthening the Justice
Delivery Process”.

2. In this process the Committee may inter-alia examine issues like
adequate Judges strength, pendency of cases in various courts,
selection/promotion and training of judges/judicial officers, language of courts,
relevance of tribunals in judicial system, infrastructure and ICT support to
subordinate judiciary, All India Judicial Service, strengthening legal aid system
and promoting Alternative Dispute Resolution Mechanism, etc. The Committee
solicits views thereon by 31st August, 2018.

3. Those desirous of submitting memoranda to the Committee may send/
e-mail the same in English and Hindi to Shri A.K. Sahoo, Addl. Director, Rajya
Sabha Secretariat, Room No. 012, A-Block, Ground Floor, Parliament House
Annexe Ext. Building, New Delhi-110001, Tel: 011-23035365, E-mail:
rs-memocpers@sansad.nic.in. Those who are willing to appear before the
Committee for oral evidence may indicate so in their memorandum. The
Committee’s decision in this regard shall, however, be final. The memoranda
submitted to the Committee shall be treated as confidential.

3rd August, 2018

 

Note the last date mentioned above is 31 Aug 2018, however as per another advertisement below dated 18 Aug, it could very well be accepted till 1 Sep 2018, since the advertisement appears on 18 Aug 2018, and 15 days time is allowed from date of publication of advertisement.  See advt below:

Feedback-on-Strengthen-Justice-Delivery-Process

Here are some common points which can be given as feedback to the committee.  You can add yours or change as required, and give your own reasoning too.  Brief points are given followed by explanations later, but any other style can be adopted, too.

Email the points to rs-memocpers@sansad.nic.in giving your full name, address, contact number.  A PDF of the points and explanation below is also given here, which can be sent as attachment in email.

Points/Feedback on strengthening the Justice Delivery Process

1. Benchmark justice delivery in Indian courts against justice delivery and processes in other countries.

2. Send SMS updates to registered mobile phones of litigants and advocates on record after each hearing informing next date and status of case.

3. Send SMS updates to registered mobile phones of litigants and advocates on record in case presiding office/judge has to be absent from court due to leave/training etc and it is known in advance.

4. All courts need to have mikes on judges’ desk connected to speaker system so that the voice of judge is audible throughout the court hall.

5. Need for audio recording/video recording of court proceedings.

6. Alternative Dispute Resolution Mechanism like Lok Adalat would be more useful if litigants are initially informed in a session how the process works, what to expect.  Even explanatory videos can be created in all Indian languages and uploaded on free sites like YouTube so that litigants can know in advance what to expect.

READ:  Citations about perjury, prosecution under CrPC 340, false allegations etc

7. Similarly videos in major Indian languages can be created to explain process and steps involved in a complete trial in various courts like civil courts, consumer forums, family courts, criminal courts, and uploaded on YouTube etc.  The reasoning that such information need not be disseminated because advocates can do it for clients is not a sound reasoning, since for public it is important to know what to expect BEFORE approaching advocate.  Also, some people may want to represent themselves in court as party in person, some people may not be able to afford an advocate, some may need legal aid, and so on.

8. Similarly, the concept of legal aid, who are eligible, how and where to approach to get legal aid, can be explained in videos in major Indian languages so public can access them easily and for free.

Explanations and Reasoning

1. The delay in Indian justice system are well publicized, however the discussion has not moved beyond well known factors like lack of infrastructure/court halls, lesser number of judges, etc.; without a wider analysis of other factors and an analysis which could connect causes with effects, and measuring which factors contribute to delays and by how much time.  Without doing such analysis, it becomes an exercise in offering excuses and platitudes.  For example, nothing is known behind reasons that though the code of civil procedure mention conducting trial on a day by day or similar basis, routinely dates are given running into several months.  Same is the case in criminal courts, where importance of speedy trial is considered even more important.  In this regard, it is important to compare how justice delivery, hearing dates, and whole case management is done in other countries which are doing much better on disposing off the cases within reasonable time.  Other points which can be compared relate to utility of recording transcript of court proceedings vs recording of statement by presiding officer during cross-examination etc.  It is seen that lot of the delay in court proceedings is due to time consuming dictation during oral evidence, and cross-examinations.

2. Most people in India are now connected to a mobile network, and SMS is a ubiquitous mode of communication which can be utilized to inform public of court hearings and situation where a judge is going on leave on the next hearing date.  It is seen that litigants have to travel long distance to attend a court hearing, and only upon arrival in court in morning of hearing date, they come to know that the presiding officer/judge is on leave.  This is a waste of not only human capital and time, but also resources like wasted fuel, transport costs, lodging costs, and so on.  One can get latest updates via SMS of even cricket scores, so it is not impossible that SMS updates about both leaves of presiding officers, and case hearing status/date cannot be communicated.  It should also be made incumbent upon advocates on record to inform clients whenever a trial/hearing is postponed.  SMS updates are already being sent to complainants’ mobile numbers by consumer forums after each hearing date.

READ:  What is a crime cell (CAW) doing mediation for?

3. Though Indian courts follow the “Open Court” principle, proceedings in most of the Indian courts are unintelligible to public/litigants/advocates who are present in the court hall and far away from the bench. Ref: https://en.wikipedia.org/wiki/Open_court_principle

One chief reason for the same is that most lower courts (except high courts and Supreme court) do not have a mike/audio system. Ref: https://indianexpress.com/article/india/rs-96-lakh-used-to-renew-supreme-court-mic-system-that-few-judges-use-rti-reply-4897408/

It should be mandated that all courts have mike/audio speakers and which are mandated to be used for court proceedings.  Not having them or not using them would directly be against the principle of “Open Court”, and unless a proceeding is being done in camera, there can never be any valid or reasonable objection to the use of mike and speaker system so that the voice of judge/presiding officer is audible in the whole of court.  If the public cannot listen to what is being said, then the proceedings cannot be said to be done in an open court.

4. Suggestion for audio/video recordings of court proceedings have already been approved to some extent.  These need to be followed up and put into practice across all courts of the country.  It will go a long way in creating confidence in minds of public that the justice delivery process is a transparent and open process, and manipulating or perverting it is not easy.

5. The other points relate to educating general public about legal procedures, court trial procedures, legal aid, alternative dispute resolution etc. Video mode of information/education will be most practical because most people can grasp information presented in a well-made video, vs reading content of an article.  Also, even an illiterate person can listen and see a video so in terms of making justice accessible to all, it is a practical idea.  Also the concept of “ignorance of law is not an excuse” is a valid concept, but it also creates a corresponding duty on government to make knowledge and information about law and legal procedures accessible to general public, in an easy and accessible manner.

Links to Free eBooks

1. Download my free PDF eBook Surviving the Legal Jungle

2. Read this FREE eBook written by fathers involved in child custody issues (Read Online) (PDF book)

3. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Read Online)

Links to Paid eBooks/Books


1. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Digital eBook) (Print Paperback)

2. Self-study Book on Divorce for Men (Digital eBook Only)

3. Alimony and Maintenance under Hindu Law (Digital eBook) (Print Paperback)

Related Posts

No related posts.

Filed Under: Uncategorized Tagged With: Judicial Process

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines (for quick guidance only):
(Be respectful to volunteers, & we don't advise on divorce)

1. Kannada/Hindi/English: +919738010456
2. Tamil/English: +919962514226

Join our WhatsApp/Facebook groups for FREE guidance/discussion

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


👉(Read Online eBook)👈
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Today’s Popular Posts

  • How to file objections/written statement to…
  • How an NRI man fought false 498a, 406 cases within 6 months
  • Divorce made easier, or rather possible – but watch out!
  • How to handle allegation of impotence by wife
  • Mumbai HC waives 6 month waiting period in mutual divorce
  • No provision to return marriage expenses to bride
  • 25% (or 50%) of husband’s salary is…
  • Procedure of CAW (Crime against women) cell
  • Strategy for Child Custody for Men
  • Right of daughter-in-law in in-laws’ property…

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

NCW trying to become more powerful and more pathetic

9 Mar 2010 By videv Leave a Comment

Delhi HC Judgment – Secretly taken Audio Recording Allowed As Evidence in Family Court

20 Jan 2021 By videv Leave a Comment

How to safeguard from false cases by wife–Part 1

15 Apr 2016 By videv 16 Comments

How to draft a child custody (GWC) petition

17 Jul 2016 By videv 7 Comments

NRIs may be able to pay foreign currency for RTI

9 Mar 2010 By videv Leave a Comment

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • videv on How to get Provident Fund (PF) details of wife
  • Raghu on How to get Provident Fund (PF) details of wife
  • videv on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • P2 on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Child visitation monitor New Haven on Strategy for Child Custody for Men

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts