Karnataka tops states, UTs in providing access to justice: IJR 2022

News Network
April 4, 2023

Bengaluru, Apr 4: Karnataka tops the list of states and Union Territories in providing access to justice and three other southern states figure among the best five, according to the India Justice Report 2022.

The IJR, which was released here on Tuesday, said except for Delhi and Chandigarh, no state or union territory spends more than one per cent of its total annual expenditure on judiciary where the vacancy of judges in high courts stands at 30 per cent.

The IJR, an initiative of the Tata Trusts launched in 2019, said as of December 2022, the country had 19 judges for every 10 lakh people and a backlog of 4.8 crore cases. The Law Commission had suggested, as early as in 1987, that there should be 50 judges for every 10 lakh people in a decade’s time.

The statistics were shared in IJR which ranked states and UTs on various parameters like vacancies in judiciary, budgetary allocations, infrastructure, human resources, legal aid, condition of prisons, functioning of police and state human rights commissions.

The Tata Trusts website describes IJR as a "unique initiative" that "ranks individual Indian states in relation to their capacity to deliver access to justice".

While Karnataka topped the chart among 18 large and mid-size states having a population of over 1 crore each, it was followed by Tamil Nadu, Telangana, Gujarat and Andhra Pradesh.

The list of seven small states, having a population of less than one crore each, was headed by Sikkim, followed by Arunachal Pradesh and Tripura.

“The justice system as a whole remains affected by low budgets. Except for two union territories, Delhi and Chandigarh, no state spends more than 1 per cent of its total annual expenditure on the judiciary.

“Vacancy is an issue across the police, prison staff, legal aid, and judiciary. For 1.4 billion (140 crore) people, India has about 20,076 judges with about 22 per cent sanctioned posts vacant. Vacancy among high court judges is at 30 per cent.

“In the police, women are only about 11.75 per cent, despite their numbers doubling in the last decade. About 29 per cent of the officer positions are vacant. The police to population ratio is 152.8 per lakh. The international standard is 222,” the report said.

It said prisons are over-occupied at over 130 per cent and more than two-thirds of the prisoners (77.1 per cent) are awaiting the completion of investigation or trial.

The IJR said most of the states have not fully utilised funds given to them by the Centre and their own increase in spending on the police, prisons, and judiciary has not kept pace with overall increase in state expenditure.

Retired Supreme Court judge Justice Madan B Lokur said, “The third IJR shows that states are making a substantive improvement over the last two ones in terms of adding new dimensions on diversity, training, and infrastructure. Some states have dramatically improved their performance but there is a lot that needs to be done on the whole.”

“So far as the police is concerned there does appear to be a shortage of women officers in police. Legal aid is doing better but still a lot of people need to be provided quality free legal aid, we need to increase the confidence that people have in our services,” he said.

Maja Daruwala, Chief Editor of IJR 2022, said as a member of the comity of nations and, more importantly, as a commitment to itself, India has promised that by 2030 it will have ensured access to justice for all and built effective, accountable, and inclusive institutions at all levels.

“But the official statistics brought together in the IJR this year show that we still have a long way to go. I would again urge that the provision of affordable, efficient and accessible justice services to each one of us be treated as necessary as food, education, or health.

"For this to happen more resources need to be ploughed into it, much more capacity built and much more attention paid to curing long standing deficiencies,” she said.

The report said Karnataka remains the only state to have consistently met its quota for SC, ST and OBC positions, both among police officers and the constabulary.

“In the judiciary, at the subordinate/ district court level, no state met all the three quotas. Only Gujarat and Chhattisgarh met their respective SC quotas. Arunachal Pradesh, Telangana, and Uttarakhand met their respective ST quotas. Kerala, Sikkim, Andhra Pradesh, Maharashtra, Tamil Nadu, Chhattisgarh, and Telangana met OBC quotas,” it said.

Regarding the share of women in key positions across the justice system, which includes police, prisons, judiciary and legal aid, the report states that one out of 10 is a woman.

“While the overall share of women in the police force is about 11.75 per cent, in the officer ranks it is still lower at 8 per cent. Only 13 per cent of high court judges and 35 per cent of subordinate court judges are women. Among prison staff, they are 13 per cent. A majority of states has increased the share of women panel lawyers. Nationally, the share has increased from 18 per cent to 25 per cent,” it said.

It said one in four police stations does not have a single CCTV and nearly three in 10 police stations do not have women help desks.

The report said about 30 per cent (391) of prisons record occupancy rates of above 150 per cent and 54 per cent (709) run above 100 per cent capacity.

“With the exception of Andaman and Nicobar Islands, Arunachal Pradesh, Mizoram, Tripura, and Madhya Pradesh, the undertrial population of all states and Union Territories exceeds 60 per cent," it said.

On the aspect of workload in judiciary, the report said in 28 states/ Union Territories, one in every four high court cases is pending for more than five years. In district courts of 11 states/UTs, one in every four cases is pending for more than five years,” the report said.

The IJR said the population per subordinate court judge and high court judge is 71,224 persons and 17,65,760 persons respectively.

With regard to budgets, it found the national per capita spend on legal aid, including the expenditure of the National Legal Services Authority (NALSA) and the state/ UT governments themselves, is a meagre Rs 4.57 per annum.

Excluding NALSA, this figure drops to Rs 3.87 and, if only NALSA’s budget (2021-22) is considered, the per capita spend is Rs 1.06 only, it said.

It said the national per capita spend on prisons is Rs 43. Nationally, the annual average spend per prisoner has gone down to Rs 38,028 from Rs 43,062. Andhra Pradesh records the highest annual spend on a prisoner at Rs 2,11,157.

“The national per capita spend on judiciary stands at Rs. 146,” it said, adding the national per capita spend on police is at Rs 1151.

“IJR 2022 has reiterated both immediate and foundational corrections. It has flagged urgent filling of vacancies and increased representation. To effect an irreversible change, it has exhorted that Justice delivery be designated as an essential service,” it concluded.

The third IJR also assessed the capacity of the 25 State Human Rights Commissions (SHRC) and found that there are 33,312 pending cases before these panels in March 2021 and the national average vacancy across 25 SHRCs is at 44 per cent.

The statistics show nine states have been working with 50 per cent or more vacancies among members in SHRCs and only six states have women in their executive staff.

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News Network
September 17,2024

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Mangaluru: In an act of extraordinary selflessness, a young lecturer and mother, Archana Kamath, tragically passed away just days after donating a portion of her liver to a relative. She was 33.

Archana, who had devoted her career to shaping young minds as a lecturer at Canara College and most recently at Manel Srinivasa Nayak MBA College, was a loving mother to a four-year-old boy. Her sudden passing has left her family, students, and colleagues reeling in shock and grief.

The story of her untimely demise began when a relative of her husband, CA Chethan Kumar, required a life-saving liver transplant. 

With no other matching donors in sight, Archana stepped forward, her heart full of compassion. Her blood type matched, and without hesitation, she made the brave decision to donate a part of her liver—an act that would ultimately cost her life.

The surgery, performed 12 days ago in Bengaluru, seemed successful. Archana appeared to recover well and was discharged, bringing hope and relief to her loved ones. 

But just days after returning home, she suddenly fell ill and passed away on September 15 in a Mangaluru hospital. The cause of her sudden decline remains a mystery, compounding the sorrow of those who knew and loved her.

Her final act of love saved a life—the relative who received her liver is said to be recovering well. But Archana’s loss is felt deeply by her husband and their young son, who are now left to navigate a world without her warmth and strength.

As family and friends grapple with this tragic turn of events, Archana’s memory will live on in the hearts of those who knew her as a caring educator, devoted mother, and a woman whose ultimate sacrifice was made out of love.

The full story of her passing is still unfolding, and her untimely death has left an irreplaceable void in the lives of all who knew her.
 

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News Network
September 13,2024

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In a huge relief for Delhi Chief Minister Arvind Kejriwal ahead of the Haryana elections, the Supreme Court has granted him bail in the Delhi excise policy case. The AAP chief will now be released from jail, six months after his arrest by the Enforcement Directorate on March 21. He was subsequently arrested by the CBI in June.

Here are some of the Supreme Court's key quotes:

•    Perception also matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion. 

•    "No impediment in arresting person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure," said Justice Surya Kant.

•    Justice Ujjal Bhuyan, however, noted, "CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and thus felt no need of arrest for over 22 months. Such action by the CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case."

•    Submission of additional solicitor general cannot be accepted that appellant has to first approach trial court for grant of bail. Process of trial should not end up becoming a punishment. Belated arrest by CBI is not justified.

•    Regarding building a public narrative of a case... Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted.

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News Network
September 17,2024

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Union Home Minister Amit Shah on Tuesday, September 17, said the Waqf (Amendment) Bill, 2024 will be passed in the Parliament in the coming days. He said the Bill is committed to the management, preservation and misuse of Waqf properties.

The Joint Parliamentary Committee (JPC) on the Waqf Bill will meet from September 18 to 20. The JPC is scrutinising the Waqf (Amendment) Bill, 2024 which seeks to amend the Waqf (Amendment) Act of 2013.

On September 14, a Muslim organisation headed by Congress MP Tariq Anwar demanded the rejection of the Waqf (Amendment) Bill. The organisation alleged that the proposed legislation is an "indirect attempt to seize control of Muslim religious properties".

The All India Qaumi Tanzeem submitted 14 pages of suggestions and objections to the bill to the JPC through the Lok Sabha Secretariat.

The Bill was introduced in Lok Sabha on August 8.

On September 11, a Rajya Sabha panel summoned Minority Affairs Ministry officials to explain reasons for the delay in completing the process for framing subordinate legislation under the 2013 Waqf law.

The new bill seeks to change the registration process for Waqf properties through a centralised portal. It proposes several things, including establishing a Central Waqf Council alongside state Waqf Boards with representation to Muslim women and non-Muslim representatives.

A contentious provision of the Bill is the proposal to designate the district collector as the primary authority in determining whether a property is classified as Waqf or government land.

The Waqf (Amendment) Bill also aims at renaming the act to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

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