Thursday, March 28, 2024

Need to Indianise our legal system, says CJI Ramana

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By Express News Service

BENGALURU: Chief Justice of India NV Ramana, who was in Bengaluru on Saturday, said, “The need of the hour is ‘Indianisation’ of our legal system, as our system, practices and rules, being colonial in origin, may not best suited to the needs of the Indian population. Also, the working of courts do not sit well with the complexities of India.” 

He was speaking on the ‘Indian Judicial-Legal System’ after paying tributes to Justice Mohan M Shantanagoudar at a function organised by the Karnataka State Bar Council at Vidhana Soudha.   “When I say Indianisation, I mean the need to adapt to the practical realities of our society and localise our justice delivery system,” he said. 

‘Crucial to make justice delivery transparent’

“Parties from a rural area fighting a family dispute are usually made to feel out of place in the court. They do not understand the arguments or pleadings which are mostly in English, a language alien to them. These days, judgements have become lengthy which further complicates the position of litigants. To understand the implications of a judgement, they are forced to spend more money,” CJI Ramana added.

Simplification of justice delivery should be our pressing concern. It is crucial to make justice delivery more transparent, accessible and effective. The procedural barriers often undermine access to justice. The common man should not be apprehensive about approaching the court and authorities. It is the duty of lawyers and judges to create an environment which is comforting to the litigants and other stakeholders,” he said.

“We must not forget that the focal point of any justice delivery system is the litigant, the justice seeker. The use of alternative dispute mechanisms, such as mediation and conciliation, would go a long way in reducing the friction between parties and save resources. This also reduces the pendency and requirement of having lengthy arguments and lengthy judgements”, he opined.

Touching incidentTalking about Justice Late Shantanagoudar, CJI Ramana narrated an incident which touched his heart. One day, CJI Ramana lost a gemstone of his finger ring that was given to him by Sathya Sai Baba after his elevation as a Supreme Court judge. Both he and Justice Shantanagoudar were upset. It was extremelydifficult to search for the gemstone in the lounges and corridors of the Supreme Court which are large. But within half an hour, Justice Shantanagoudar found the gem. He had personally searched the entire premises and traced the precious stone. Releasing a documentary on Justice Shantanagoudar, Chief Minister Basavaraj Bommai said there is a need to set up a chair in a university in the name of the Justice Shantanagoudar.

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