Supreme Court Justice BR Gavai, while addressing an annual judicial conference in Gujarat, expressed concerns about the growing trust deficit in the judiciary. He cautioned that this could drive people toward vigilantism and mob justice, undermining the rule of law. Justice Gavai called for reforms,
Supreme Court Justice BR Gavai recently addressed the Annual Conference for Judicial Officers in Gujarat, focusing on the theme, ‘Institutional Perspective-Self Evaluation and Self Evolution’. Speaking at the event, Justice Gavai expressed serious concerns over the growing trust deficit in the judiciary, emphasizing that it could push citizens towards vigilantism, mob justice, and informal means of dispute resolution, which in turn would undermine the rule of law. He urged for proactive measures to restore public trust in the judiciary, stressing that credibility is fundamental to the judicial system’s functioning.
Key Points of the Article
Factors Contributing to Trust Deficit
- Corruption: Justice Gavai mentioned that even minor instances of corruption, such as bribery, partiality, or undue influence, could weaken public trust in the legal system.
- Delays in Proceedings: He highlighted that delayed justice leads to disenchantment, affecting both litigants and society. Justice Gavai quoted the maxim, “Justice delayed is justice denied”, emphasizing its relevance.
- Impact of Delays: Citing President Droupadi Murmu’s remarks at the ‘National Conference of the District Judiciary’, Justice Gavai noted that delays contribute to litigation fatigue, causing litigants to withdraw cases prematurely.
- Criminal Trials: The judge highlighted the severe consequences of delays in criminal trials, stating that “long periods of undertrial imprisonment for innocent individuals create a social stigma, violating their fundamental right to dignity.”
- Separation of Powers: Justice Gavai warned against the dilution of judicial autonomy, stating that any political, legislative, or executive interference compromises impartiality in the judiciary.
- Transparency: The absence of clear reasoning in judicial decisions can foster skepticism. Justice Gavai emphasized that the public deserves to understand both the outcomes and the reasoning behind them.
- Perceived Bias: He highlighted that perceptions of judicial bias, especially in cases related to gender, caste, or religion, can damage trust. Broad statements made by judges on sensitive issues can create an impression of preconceived notions, affecting impartiality.
- Misconduct by Judicial Officers: Instances of misbehavior, such as favoritism or ethical violations by judges, further weaken public confidence in the judiciary.
- Fake News and Misinformation: Justice Gavai pointed out that misreporting and sensationalism by the media can distort the public’s perception of the judiciary, exacerbating trust issues.
Solutions to Combat Trust Deficit
- Transparency: Justice Gavai advocated for technological advancements like e-filing, case tracking, and live streaming of court proceedings, emphasizing their role in enhancing transparency and accessibility.
- Combating Delays: He suggested implementing a case management system to prioritize urgent matters, reduce adjournments, and enforce strict timelines for proceedings.
- Inclusivity and Equality: Justice Gavai urged the judiciary to ensure substantive equality for all, free from biases based on religion, culture, or social constructs. He highlighted the release of the ‘Handbook on Combating Gender Stereotypes’ by the Supreme Court, aimed at removing biases in judicial language.
- Accessibility: Justice Gavai emphasized creating dedicated filing windows for individuals with disabilities, senior citizens, and pregnant women. He also mentioned e-SewaKendra, which aids litigants and lawyers in navigating legal processes.
- Ethical Standards: The judge underscored the importance of upholding ethical standards for judges, both on and off the bench, to maintain public trust.
