Staff Reporter
Guwahati: A matter of grave importance was highlighted when the Department of Justice under the central Ministry of Law and Justice provided the number of pending cases in the courts, stating that the number of pending cases in Gauhati High Court is 62,792 and those in the District and Subordinate Courts of Assam number 4,59,832 as of February 5, 2024.
Significantly, the number of pending cases during the past four years has marked an increase, with the Supreme Court having 65,086 pending cases as of December 31, 2020. The number increased to 80,765 on December 31, 2023, marking an increase of 15,679 pending cases. Different high courts across the country had 56,42,567 pending cases as of December 31, 2020, and this increased to 62,12,375 by December 31, 2023, with an increase of 5,69,808 pending cases over the four-year period.
The number of pending cases is much higher in the district courts throughout the country, and there were a total of 3,66,39,436 cases pending in these courts, as of December 31, 2020. The number grew even bigger in the past four years, with the total going up to 4,44,09,480 by December 31, 2023. This marked an increase of 77,70,044 pending cases in this period.
Although there are no proposals pending with the government presently to set up special courts for speedy disposal of pending cases, over the years the Ministry of Law and Justice has undertaken several initiatives to provide for the setting up of special courts in order to facilitate speedy disposal of pending cases. For starters, Fast Track Courts are for dealing with cases of heinous crimes expeditiously, mainly cases involving senior citizens, women, children, etc., with 847 Fast Track Courts functional as of November 30, 2023; To champion the cause of safety and security of women and girls, Fast Track Special Courts (FTSCs), including exclusive POCSO Courts, were set up across the country to dispose of cases of sexual offences. 758 Fast Track Special Courts (including 411 e-POCSO Courts) are functional in 30 States/UTs across the country, as of November 30, 2023; Special Courts were set up for lawmakers in order to fast track criminal cases involving elected Members of Parliament (MPs) or Members of Legislative Assembly (MLAs), with 10 such Special Courts being functional in nine States/UTs; For expeditious commercial dispute resolution, the enactment of the Commercial Courts Act, 2015, provides for the establishment of Dedicated and Designated Commercial Courts for adjudication of commercial disputes.
Also, as a part of the National eGovernance Plan, the government has launched the eCourts Mission Mode Project, wherein 25 virtual courts in 20 states and UTs have been operationalized to handle traffic challan cases. More than 4.11 crore cases have been handled by these virtual courts, and a fine of Rs. 478.69 crore has been realized till November 30, 2023; The Family Courts Act, 1984, provides for the establishment of family courts by the state governments in consultation with the high courts to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs. As of November 30, 2023, there were 776 family courts functional in the country, which had disposed of more than 7,44,700 cases.
Finally, Gram Nyayalayas were established with the enactment of Gram Nyayalayas Act, 2008, wherein Gram Nyayalayas were established in every Panchayat at an intermediate level or a group of contiguous Panchayats at the intermediate level or for a group of contiguous Gram Panchayats. There are 287 Gram Nyayalayas functional as opposed to 477 Gram Nyayalayas notified for providing inexpensive justice to people in rural areas at their doorstep.
Moreover, there is a shortage of judges in the country, from the High Courts to district and subordinate courts in states across the country. The number of vacant posts in Gauhati High Court is 7, while that in the District and Subordinate Courts of Assam is 46, as of February 9, 2024.
Also read: 62,180 cases pending in Gauhati High Court, 4.5 lakh in subordinate courts
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