Title: A Study of Transitional Development in Delay in Delivery of Justice, Which Results into Declining Faith in Judiciary: Reasons and Future
Author: Abhishek Kumar and Vikram Singh
Affiliation: Symbiosis Law School
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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Bihar is a state attempting to deal with the hurdles of establishing the framework and processes of democratic rule. That is a gargantuan and daunting undertaking in underdeveloped struggling state of India. The focal point of this research is “access to justice for the poor people of Bihar”. And when we say “access to justice” we mean access to both the social system of justice and the state’s justice system. The study examines the ground reality of poor people who are in need of proper solutions to their problems which has to be dealt by the institutes outside their immediate family. “Access to justice” does not merely means access to the institutions, but it also means access to fair laws, procedures, affordable, implementable and appropriate remedies in terms of values that are in conformity to constitutional values and directives. Other issues affecting access are social phenomenon, lack of education and legal knowledge of people of Bihar. Through few case studies, it can be concluded that poverty and food insecurity creates an environment for social conflict and crime. Unequal distribution of land, therefore becomes a major topic for competition and social tension, which in turn has a great impact on the social framework within the rural villages and settlements as well as on the managing ability of the formal justice system. This study also reveals the possibility of the food insecurity which is putting strain on the gender and family affairs, thus making the general conditions of the society even more vulnerable. It is therefore seen that there is an ardent need for the justice to change ground realities of people otherwise they will create an extra-state institutions and remedies for their immediate needs which can result into the “gunda raj” in Bihar. The results of this study are aimed at assisting the Law Commission. We hope that the rich information gathered in this research piece and recommendations will also be of satisfactory relevance in deciding how social and state institutions could work in harmony in bringing justice to the society which is struggling for meeting its own urgent needs, causes and reasons.
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