Hyderabad: Inordinate delay in the resolution of court cases, for whatever reasons, has been a cause of serious concern for the innumerable litigants across the country. What to say of the unbearable situation faced by the litigants that have spent their entire lives doing the rounds of courts while justice remained elusive.
In its laudable latest order, the Andhra Pradesh High Court took serious exception to the nine-year-long pendency, without valid reasons, of a petition filed by two aged persons.
The High Court made a commendable remark that true respect can be accorded to senior citizens not just by confining to concessions in bus, train and air travel, but by resolving their court cases on a priority basis.
In the present case, the High Court was disposing of a civil revision petition on a land issue related to petitioners that were 80 years old. Around three years ago, we witnessed the instance of an 80-year-old woman who won the case against college management that had unjustly removed her husband from the job. It took 35 years for the verdict to be pronounced in her case.
The legal struggles by the likes of Mr Jamnalal Patel and Motilal Parmar stand out as examples for the plight faced by senior citizens whose cases remain unresolved for years.
The aged are plagued by problems like desperation caused by ill health, family problems, distress due to the parting of their children, helplessness resulting from disregard and lack of concern from children, lack of livelihood and such others. In such a situation, the courts too will be rendering injustice to them if unavoidable litigation involving the aged are not resolved in a timely manner.
About two decades ago, the Central government had formulated a national policy for the welfare of the aged. At that time the Ministry of social justice and empowerment had stated that as 21 per cent of the country’s population will be aged more than 60 years by the year 2050, the policy aimed to provide food, health and financial security to them. As if taking a cue from the Central policy, the AP High Court had also issued a circular to judicial officers calling for the early resolution cases filed by persons aged more than 65 years.
The Gujarat High Court also issued orders for the resolution of all cases involving senior citizens within a span of 6 months.
About seven years ago, the Bombay High Court had called for the speedy resolution of cases if there are persons aged more than 60 years among the petitioners.
No matter who ordered what, cases for justice filed by the aged are still piling up. On average, it is taking 15 years for the resolution of a civil case in the country. Similarly, it is taking 7 years for the resolution of an average criminal case.
It is interesting to note that of the 3.2 crore pending cases in the country, 83,000 cases are pending for more than 30 years.
Courts at all levels should adopt humanitarian outlook if the persons that remained embroiled in litigation for decades were to enjoy the fruits of justice at least at the fag end of their lives.
About five months ago the Supreme Court has directed the UP, Rajasthan, Madhya Pradesh, Odisha, Patna and Bombay High Courts to submit the action plan for the resolution of long-pending criminal cases.
Collective and committed efforts are required for the early resolution of cases in which the aged are seeking justice.
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