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 8,2024

In a shocking development, a doctor, who worked for the mobile medical services of the Isha Foundation in Coimbatore district, has been arrested by the Coimbatore District Police on charges of sexually assaulting many girl students of a government school during a medical camp. 

The incident came to light during a meeting between education officers and the students, held following orders from Chief Secretary N Muruganandam. The meeting was part of a larger investigation after four staff members of a government college in Valparai were recently arrested for sexually harassing students.

The arrested doctor, identified as 33-year-old S Saravanamoorthy, was a native of Tirupattur district and was part of a mobile medical units team, operated by the Isha Foundation of Jaggi Vasudev alias Sadhguru.

These units have reportedly been conducting free medical camps for school students and general public across Coimbatore under their ‘Action for Rural Rejuvenation’ programme. 

During the meeting with the education officers on Wednesday, September 4, around 12 girl students belonging to classes 6 to 10, raised complaints about how they were touched inappropriately by Saravanamoorthy during these camps.

Immediately after this, the school management reached out to the Child Welfare Committee (CWC), who followed an inquiry with the students. Following this, the Perur All Women police were alerted.

The police officials visited the school and inquired with each of the survivors personally. After recording their statements, they registered a case against the doctor under Section 9(e) (whoever being on the management or staff of a hospital, whether government or private, commits sexual assault on a child in that hospital) read with 10 (punishment for aggravated sexual assault) of Pocso Act. The doctor was later arrested and has been remanded to judicial custody. 

The Isha Foundation, meanwhile, has put out a statement stating that they are fully cooperating with the investigation and that they have a zero tolerance policy for crimes against women and children. 

“It has been brought to our notice that a case has been registered against an employee who is a doctor with our outreach mobile medical services in the rural areas of Coimbatore. Isha holds a Zero Tolerance Policy for any crimes against women and children. We are cooperating with the ongoing police investigation and will take necessary actions by the legal,” read the statement.

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News Network
September 12,2024

Mangaluru: Mayor Sudheer Shetty Kannur said that as a part of the International Day of Democracy, the Mangaluru City Corporation (MCC) will hold a 23-km long human chain and plant 1000 saplings in the Bengre area on September 15.

The human chain will be formed from Pavanje bridge to the border of Arkula, which will pass through Nanthoor Junction- Kannur Junction. The event is organised with the objective of creating awareness among the public, particularly the youth, about the significance of democracy. Around 10,000 people, particularly students, will participate in forming the human chain in the city limits, he told media persons.

He said Democratic system in India is a model to the world and we should be grateful to Dr B R Ambedkar for giving the country a beautiful constitution. To make the people, particularly the youth, aware of the Constitution and its preamble, the state government has chalked out a plan to form a mega human chain from Bidar to Chamrajnagar. As a part of it, the programme will be held in Mangaluru. Students from various schools, colleges, various organisations, NGOs should actively participate to make the event a grand success.”

The Mayor said as a part of the celebrations, an arch will be built at Pavanje bridge and Kannur Junction. The Zonal office at Surathkal will be decorated with tri colour along with KPC Circle, Nanthoor Junction, Padil Junction. The main programme will be held at Kadri Circle near Circuit House in Mangaluru, which will be attended by DK MP Capt Brijesh Chowta, MLAs D Vedavyasa Kamath, Dr Y Bharath Shetty, DC Mullai Muhilan MP and others. Flags will be placed for every 100 metre of the human chain stretch. The participants can click their photos and upload it through https://democracydaykarnataka.in/ to collect a certificate, added the mayor. 

The human chain will be held from Pavanje to Mukka checkpost, Mukka chepost to Mukka Junction, Mukka Junction to NITK gate, NITK gate to Tadambail Junction, Tadambail Junction to Hotel Suraj, Hotel Suraj to Govinda Dasa College, Govinda Dasa College to Kordabbu Daivasthana, Hosabettu, Kordabbu Daivasthana to Honnakatte Junction, Kulai to APMC, Baikampady, Hotel Vishwasagar to Mangaluru traffic police check post , Mangaluru traffic police check post to Panambur circle, Panambur Circle to NMPA railway track, MCF to Kuloor bridge, Kuloor bridge to Gold Finch ground, Gold Finch ground to Kottara Chowki, Kottara Chowki to BMS Hotel, BMS Hotel to SKS apartment, KPT to Saptagiri petrol bunk, Nanthoor Circle to Kaikamba, Maroli Jodukatte till Padil Circle, Padil to First Neuro Hospital – Kannur Junction, Adyar Katte to Sahyadri College, Sahyadri College to Expert Cross (Valacchil), Express Cross to Arkula border.

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News Network
September 12,2024

New Delhi, Sep 12: Madrasas are "unsuitable" places for children to receive "proper education" and the education imparted there is "not comprehensive" and is against the provisions of the Right to Education Act, the National Commission for Protection of Child Rights (NCPCR) has told the Supreme Court.

The child rights body told the top court that children, who are not in formal schooling system, are deprived of their fundamental right to elementary education, including entitlements such as midday meal, uniform etc.

The NCPCR said madrassas merely teaching from a few NCERT books in the curriculum is a "mere guise" in the name of imparting education and does not ensure that the children are receiving formal and quality education.

"A madrassa is not only a unsuitable/unfit place to receive 'proper' education but also in absence of entitlements as provided under Sections 19, 21,22, 23, 24, 25, and 29 of the RTE Act," it said.

"Further, madrasas do not only render an unsatisfactory and insufficient model for education but also have an arbitrary mode of working which is wholly in absence of a standardised curriculum and functioning," the NCPCR said in its written submissions filed before the top court.

The child rights body stated that due to the absence of provisions of the RTE Act, 2009, the madrassas are also deprived of entitlement as in Section 21 of the Act of 2009.

"A madrassa works in an arbitrary manner and runs in an overall violation of the Constitutional mandate, RTE Act and the Juvenile Justice Act, 2015. It cannot be overlooked that a child getting education in such an Institution will be devoid of basic knowledge of school curriculum which is provided in a school.

"A school is defined under Section 2(n) of the RTE Act, 2009, which means any recognised school imparting elementary education. A madrassa being out of this definition has no right to compel children or their families to receive madrassa education," the NCPCR said.

It said most of the madrassas fail to provide a holistic environment to students, including planning social events, or extracurricular activities for 'experiential learning.

In a breather to about 17 lakh madrassa students, the apex court on April 5 had stayed an order of the Allahabad High Court that scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004 calling it "unconstitutional" and violative of the principle of secularism.

Observing that the issues raised in the petitions merit closer reflection, a three-judge bench headed by Chief Justice D Y Chandrachud had issued notices to the Centre, the Uttar Pradesh government and others on the pleas against the high court order.

The top court said had the high court "prima facie" misconstrued the provisions of the Act, which does not provide for any religious instruction.

The high court had on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate students in the formal schooling system.

The high court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.

It had said the state has "no power to create a board for religious education or to establish a board for school education only for a particular religion and philosophy associated with it."

"We hold that the Madarsa Act, 2004, is violative of the principle of secularism, which is a part of the basic structure of the Constitution," the high court had said.

The petitioner had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madrassas by the Minority Welfare Department instead of the education department.

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