Saturday, December 5, 2009

NATIONAL MISSION FOR DELIVERY OF JUSTICE AND LEGAL REFORMS OF INDIA

A blue print of the National Mission for Delivery of Justice and Legal Reforms (NMDJLR) has been recently released by the Law Minister M Veerappa Moily. The NMDJLR Plan is a very ambitious plan and if implemented properly may go a long way in reducing the backlog of cases in India on the one hand and effective Judicial Reforms on the other.

However, keeping in mind the prior experience of the Government of India (GOI) this Plan is too ambitious to be accomplished. The Plan cannot be accomplished till we honestly and dedicatedly work in this direction. In the absence of accountability and transparency and omnipresent corruption and red tappism in India, this Plan is not going to meet its benign objective.

What should be done to make the NMDJLR Plan effective and workable? I think the same requires “Committed Services” the day this Plan has been declared. After all mere declaration is worst that the “chaos” with which the current Judicial System of India is badly suffering. We make false and exaggerated statements and press releases that raise the hope of India citizens. When those hopes are not met, this brings not only a bad name to the Indian institutions like Judiciary but also declines the faith and trust in the same.

Take a perfect example in this regard. India has been claiming establishment and opening of E-Courts since 2003. However, there is not even a single e-court in India despite contrary claims. It seems Indian Government/Judiciary is repeating the history once again. The Delhi High Court has declared that it would open an e-court at its premises on 8th December, 2009. However, if we see the website of Delhi High Court even on 6th December, 2009 (15.10 PM) there are no “signs” of the same. It seems India is once again opening another e-court on “Papers Alone”.

Interestingly, the NMDJLR Plan has appreciated the “basic requirements” of establishment of e-courts in India. However, there is a dichotomy between the NMDJLR Plan and the other e-courts initiatives that are presently undergoing. These initiatives are wasting hundred Crores of hard earned public money upon “computerisation” of traditional judicial function with no actual e-courts capabilities.

The worst aspect of this e-court fiasco and other judicial reforms is that there is neither accountability nor any transparency in these initiatives. The GOI is “blindly” allowing “Yearly Extensions” without asking for performance and accomplishments. Why the GOI allows an extension for even a single year when there is no development and performance in this direction is a big question?

Perhaps, some “miracle” would happen on 8th December, 2009 that would establish the first e-court of India. But the chances of the same are next to impossible and we are heading for “another extension” in the month of February 2010.