Ishan Law Journal

19

November

RIGHT TO SPEEDY JUSTICE IN INDIA: A MYTH

Keywords:

Speedy Trial, Fast Track Courts, Fundamental Right, Justice, Constitution.

Abstract

One of the fundamental objectives of the criminal justice system is the speedy trial since a lengthy pause can defeat justice. It is, therefore, considered one of the core values of organized society to be swift justice. It is always recommended that the case be dealt with as soon as possible, but also the fundamental norms that make justice possible can be ignored as "justice rushed, justice buried" is a common popular proverb. The right balance should therefore be established between simple standard sand speedy trial because the main aim of all legal systems is to provide all with proper justice. This paper seeks to discuss the right to speedy trial in two parts, first part will discuss the concept of speedy trial and how it has evolved over the period of time as a fundamental right. Thereafter, in the second part the concept of fast-track courts in India and the causes that have led to the institution of the same? This paper will also investigate whether the fast-track courts implemented for the speedy disposal of cases have been effective and successful in achieving its objective.

References

  1. Jayanth K. Krishnan & C. Raj Kumar, “Delay in Process, Denial of Justice: The Jurisprudence and Empirics of Speedy T Empirics of Speedy Trials in in Comparative Perspective”, Maurer School of Law: Indiana University Digital Repository @ Maurer Law,2011
  2. Astha Sharma, “Speedy Trial: Facilitation of Legal System”, available at “Library(latestlaws.com)”
  3. Vandana Peterson, “Speeding up Sexual Assault Trials: A Constructive Critique of India 's Fast-Track Courts”, Yale Human Rights and Development Journal, Volume 18, Issue 1, 2016
  4. Diganth Raj Sehgal, Fast Track Courts: Are They Expediting the Conviction Process (2020) available at https://blog.ipleaders.in/fast- track-courts-expediting-conviction-process/
  5. Law Commission of India's 245 Report on Arrears and Backlogs
Authors

Ms Ameena

Assistant Professor, Ishan Institute of Law, Gautam Buddha Nagar. Greater Noida, Uttar Pradesh, India

PDF
Published Date2023-11-19
Abstract Viewed8
How To SiteMs. Ameena (2023). RIGHT TO SPEEDY JUSTICE IN INDIA: A MYTH. Ishan Law Journal, 1(03).
IssueVol.1 No. 03 (2023), ISHAN LAW JOURNAL