Judicial Practice

Policy Writer: Naya Yug |

The Judiciary is a national institution that the people hold in the highest esteem. In a democracy it is not unwise to acquaint the public with the truth about the workings of an instrumentality as strategic and sublime as the Judiciary. The best way to eliminate the shortcomings of our judicial system is to keep our citizens informed about them. Litigation is now a terror and horror.

• Section 10.1 - We need to fine tune the balance between the state and the population, in particular with respect to social protection, rights to protection and the obligation to protect, not only in social terms but also in human rights terms.
• Section 10.2 - We need to consider how to give government law enforcers enough flexibility for them to protect people from private violence, while at the same time impose sufficient constraints so that the enforcers do not themselves become the threat.
• Section 10.3 - We need to reform our judiciary practice. All graduating law students should be assigned public service at police stations, to make sure that individuals are not detained indefinitely simply because they have fallen through the cracks of the bureaucratic system.
• Section 10.4 - We need to develop a strategy to provide the poor with adequate legal services.
• Section 10.5 - We need to expand government commitment to subsidizing legal services to the poor and disadvantaged ones.
• Section 10.6 - We need to explore legal reforms that would enhance private incentives to provide legal services to the poor.
• Section 10.7 - We should provide the poor with legal and institutional tools that allow them to benefit from greater security and fair trail.
• Section 10.8 - We need to enforce strict ban on weapons at schools, colleges and other educational institutions.
• Section 10.9 - We should enforce strict laws to prevent and combat trafficking in persons, paying particular attention to women and children. We should also protect and assist the victims of such trafficking, with full respect for their human rights.
• Section 10.10 - Accountability of the Indian judiciary system should be fundamental to its independence.
• Section 10.11 - Healthy co-existence of different religions need an impartial arbitrator if disputes arise over plurality in beliefs.
• Section 10.12 - We should strengthen intergovernmental mechanisms to negotiate Centre-State disputes.
• Section 10.13 - We need to develop legislation that would balance the need for strong law enforcement with the importance of racial sensitivity.
• Section 10.14 - We need to do through analysis of the incidence and effects of prison abuse in central, state, and local institutions, as well as information, resources, recommendations, and funding to protect individuals from prison abuse.
• Section 10.15 - We need to focus on the special needs of the populations - such as alcohol abuse, substance abuse, and domestic and family violence.
• Section 10.16 - We need to protect our children from sexual predators. Government and judiciary needs to take measure to enforce strict Child Protection Laws.
• Section 10.17 - We need to strengthen our judiciary practice. Gross judicial misconduct should be accountable. Pending cases are astronomical in number, which have eroded people’s trust in our Judiciary.

Your Voice - For Open Discussion about Judicial Practice