Title: An Evaluation of the Implementation and Effectiveness of Litigation Law Policies in India: An Incisive Policy Analysis
India, a country with a legal system shaped by its colonial British past, continues to grapple with the mammoth task of ensuring effective law and order. An area that requires critical attention is the implementation and effectiveness of litigation law policies. These policies, vital cogs in the machinery of justice, need regular evaluation for improved efficiency. This article aims to provide an incisive analysis of these policies, their rules, regulations and subsequent implications.
Law Policies in India
India’s legal framework is a blend of statutory law, constitutional law, precedent, custom, and religious law. The constitution, designed with a view to securing justice – social, economic, and political – to its citizens, is the paramount law of India. Litigation law in India is governed predominantly by procedural laws like the Code of Civil Procedure 1908 (CPC), The Indian Penal Code, 1860 (IPC) and the Code of Criminal Procedure 1973 (CrPC), amongst others.
Implementation and Effectiveness
Despite having a robust legal system in place, India struggles in terms of timely justice delivery. The main contributors to this quandary are lengthy court procedures, lack of infrastructure, and acute shortage of judges. Procedural laws like the CPC and CrPC, though designed to ensure fair trials, often result in delay due to their intricate nature.
A report by National Judicial Data Grid suggests that as of September 2021, 4.5 crore cases are pending in various courts throughout India. This alarming state of affairs significantly diminishes public faith in the judiciary and exacerbates the effectiveness of litigation law policies.
Examining the litigation law policies illustrates glaring gaps. The Key policies focus on process rather than outcome, causing unnecessary delays. For instance, the Criminal Procedure Code lays down meticulous procedures for investigation, trial, and sentencing. Similarly, the Civil Procedure Code is marked with numerous stages, causing trials to prolong years and even decades.
India’s ‘Evidence Act’, another critical aspect of its litigation law policy, with its stringent rules on admissibility, makes the process even more complex. These procedural intricacies often lead to ineffective implementation and reduced faith in law enforcement.
The implications of these policies aren’t solely confined to delayed justice. They also impact the economy. The World Bank’s Doing Business 2019 report ranked India 163rd out of 190 countries concerning ‘Enforcing Contracts,’ primarily due to its convoluted litigation laws.
Furthermore, the slow pace of justice delivery disincentivizes victims from seeking legal recourse, perpetuating a culture of impunity. This reveals an urgent need for comprehensive litigation law reform.
Conclusion: The Way Forward
Increasing the number of courts and judges, streamlining court procedures, leveraging technology for case management, and implementing alternate dispute resolution mechanisms like mediation, arbitration could help enhance the effectiveness of litigation law policies in India.
However, it is also essential to address the root causes of excessive litigation. This includes introducing reforms in legal education and promoting a culture of compliance and rule of law in the administration and society at large.
In conclusion, a holistic approach revolving around systemic reformation and societal re-orientation is required to improve the effectiveness of litigation law policies in India.