Access to Speedy Justice in India

A Mirage or Reality

Abstract

The famous adage “Justice Delayed is Justice Denied” aptly emphasizes the significance of the right to speedy justice, which is recognized as one of the fundamental rights. Unfortunately, this right has become more of a cliche in the present context. The significance of delivering justice lies in its timely dispensation, for delayed justice renders it nearly meaningless and inadequate. Speedy justice forms an essential component of social justice, as it encompasses the collective interest of the community in ensuring that criminals are appropriately and conclusively punished within a reasonable time frame, while innocent individuals are spared from prolonged and burdensome criminal proceedings. Each passing day brings greater recognition and significance to the concept of the right to prompt justice. The idea of the Right to Speedy justice has evolved over time, but its ultimate objectives remain uncertain. The underlying principle is on expediting case resolutions to enhance the efficiency and credibility of the judiciary. However, the harsh reality is that there are alarmingly long delays in the process of dispensing justice. It is disheartening that a judicial system, which upholds the principle of “innocent until proven guilty,” incarcerates a significant portion of the prison population without establishing their guilt. Those accused are confined behind bars, waiting for justice for decades. Over time, they lose faith in the judicial system.

The Study explores the idea of prompt justice as a crucial element of social fairness. It emphasizes how important it is for the community as a whole to make sure that offenders receive just punishment and that it happens quickly enough to save innocent people from drawn out and onerous legal processes. While acknowledging the right to swift justice’s developing character, the study also highlights the lack of clarity surrounding the right’s ultimate goals. It offers an insightful summary of the problems and inequalities with the existing status of the right to prompt justice, stimulating additional research into the workings of the legal system and the necessity of change to preserve the values of justice, effectiveness, and credibility.