Delay Defeats Justice Essay Outline

Justice delayed is justice denied is rightly the present scenario of India. Justice though is difficult to define,bt can be said that it varies according to situations and persons. Since we live in a deomocratic country like india where people are governed by the laws of the country , it is very important to deliver justice on time to the victims to prevent the miscarriage of justice. It is rightly called the shield of innocence and the guardian of civil right. This is so because, like Martin Luther said, “Injustice anywhere is a threat to justice everywhere” A very recent survey in India shows that there are approximately 3.2 crore cases spending in high and lower courts which means there is no meaning for justice and if at it is there , it is in a very wrong timely fashion. But it dosent mean that justice should be hurried and consequently buried bt justice should be renderered on a proper time basis and justice must be manifestly done. But the present day society is a victim to the dilatoriness of the process of justice.People unfortunately fall victim to injustice. Majority of the Indians are poor and illiterate but still they manage to go to courts to get justice by paying their hard-earned money to advocates, Law clerks and fail to get justice.This has been a curse and a major drawback to Indian judicial justice

The most recent Nirbhaya case can be taken as the best example where the incident took place on 16th December 2012 which shook the whole country but thought the justice was delivered it was delivered on 10tseptember 2013 which was a delayed one. In a country like india where women are respected and treated like god , rape cases are on a very high zone and the ratio has been incressing day by day and eventually the justice delivered in such cases is also very time consuming where most of the rape victims would have already been on their dead bed. There should be some standerdisation on such rape cases where justice should be delivered as quickly as possible keeping in factor how heineous, brutal and ghastly the crime is. Several steps should be taken to reframe the judicial system by increasing the no of fast track courts and computerization of the whole countrys judicial system is the need of the hour. The judges must set examples to themselves as well as others by being more punctual and dutiful. Honble Supreme court has already taken some steps like introducing E- filing where an advocate or a petioner
can file his case online from anywhere in the world. There should be still more steps which has to be undertaken to prevent the entire scenario of justice getting delayed. By doing so India can stand as a more clean country.

Justice delayed and justice denied means that if justice is not carried out right away timely, then even if it is carried out later it is not really justice because there was a period of time when there was a lack of justice.

In vogue justice delayed justice denied is a very smooth saying. But it is not as easy to understand without clarification as to what actually is meant by the delay of justice. Justice is something meant to be handled at the present moment. Without justice system there can be no state worth the name. It is rightly called the shield of innocence and the guardian of civil right. This is so because, like Martin Luther King said, “Injustice anywhere is a threat to justice everywhere.” But for a good judiciary it is essential that justice should be impartial, speedy and cheap. Therefore if someone delays something as important as justice knowing that injustice is a threat to it, then the person is denying justice. In history, we can look out the justice technique of kings. They never delayed in their judgments. They always judge the crime fact in a very short time. But In our society we always see the phenomenon. If anyone accused any kind of crime, he must be punished at once or else. If the justice delayed, the criminal somehow escape from his crime and prove himself as an innocent man. He will also try to make his punishment very small. Thus a criminal prove himself as an innocent because of delay of justice. If we wanted to punish the criminal for his crime we have to justify his crime in a short time or he will able to escape from his crime. If justice is delayed and justice is not really done people, then the life and property can not be safe. So we have to justice a crime without any delay, otherwise the fact will go behind the doubt.

In short terms it means that if the justice is delayed by any cause it is very harmful to the people of any society. So we have to justify any kind of crime without.

"Justice delayed is justice denied" is a legal maxim meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because it is unfair for the injured party to have to sustain the injury with little hope for resolution. The phrase has become a rallying cry for legal reformers who view courts or governments as acting too slowly in resolving legal issues either because the existing system is too complex or overburdened, or because the issue or party in question lacks political favour.

Origin[edit]

There are conflicting accounts of who first noted the phrase. According to Respectfully Quoted: A Dictionary of Quotations, it is attributable to William Ewart Gladstone, but such attribution was not verifiable.[1] Alternatively, it may be attributed to William Penn in the form "to delay Justice is Injustice".[2]

Mentions of justice delayed and denied are found in the Pirkei Avot 5:7, a section of the Mishnah (1st century BCE – 2nd century CE): "Our Rabbis taught: ...The sword comes into the world, because of justice delayed and justice denied...",[3] and the Magna Carta of 1215, clause 40 of which reads, "To no one will we sell, to no one will we refuse or delay, right or justice." Nachmanides understands the advice given by Jethro (Bible) in Exodus 18:22, to judge the people at all times, as suggesting that Israel needed more judges because potential litigants would otherwise suffer injustice due to their inability to find a judge to hear their case.

Martin Luther King, Jr., used the phrase in the form "justice too long delayed is justice denied" in his "Letter from Birmingham Jail", smuggled out of jail in 1963, ascribing it to a "distinguished jurist of yesterday".

As Chief Justice of the United States Warren E. Burger noted in an address to the American Bar Association in 1970: "A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law – in the larger sense – cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets."[4]

See also[edit]

References[edit]

  1. ^Suzy Platt (ed.). Entry 954. William Ewart Gladstone (1809–98). Respectfully Quoted: A Dictionary of Quotations Requested from the Congressional Research Service. Library of Congress, 1989. (Attributed to William E. Gladstone. — Laurence J. Peter, Peter’s Quotations, p. 276 (1977). Unverified.)
  2. ^Penn, William (1693), Some Fruits of Solitude, Headley, 1905, p. 86.
  3. ^10 Minutes of Torah. Ethical Teachings Selections from Pirkei Avot. http://tmt.urj.net/archives/4jewishethics/052605.htm Retrieved 26 March 2013
  4. ^Burger, "What's Wrong With the Courts: The Chief Justice Speaks Out", U.S. News & World Report (vol. 69, No. 8, Aug. 24, 1970) 68, 71 (address to ABA meeting, Aug. 10, 1970).

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