Analysis of The Hindu Editorial – October 11, 2024

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Analysis of The Hindu Editorial – October 11, 2024

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Analysis of The Hindu Editorial 1: The gruelling course of litigation in India

Context

India’s judicial system is widely regarded for its integrity, but it faces a severe challenge—delays in case proceedings. These delays not only frustrate litigants but also erode public confidence in the legal process. At the heart of the problem lies the inefficient court scheduling and case management practices that have plagued the system for years.

Introduction

In a recent address, the President of India, Droupadi Murmu, expressed concern over the protracted delays in the judiciary. Speaking at the National Conference of the District Judiciary, she highlighted how these delays deter people from seeking legal recourse, a phenomenon she referred to as the ‘black coat syndrome’. This symbolic term compares litigants’ hesitation to seek justice with “white coat hypertension,” where patients experience heightened anxiety in medical settings. Essentially, the arduous and lengthy court processes are discouraging citizens from pursuing justice, fearing it might only complicate their lives further.

Key Factors Contributing to Judicial Delays

A primary driver of these delays is the judiciary’s current approach to scheduling and case management. Effective case management—defining clear timelines for submitting documents, witness examinations, and hearings—is crucial. However, the absence of a streamlined approach leads to extended adjournments, rising legal costs, and, ultimately, delayed justice.

The Problem of Inconsistent Implementation

In the early 2000s, Case Flow Management Rules were introduced at district and High Court levels to improve scheduling and reduce delays. These rules aimed to streamline processes and establish predictable timelines for case progression. Unfortunately, their implementation has been inconsistent across the judiciary, yielding limited results.

Challenges Within the District Judiciary

The Complex Role of Judges

District judges play a crucial role in enforcing case management timelines, yet they often struggle due to systemic pressures. They are frequently required to prioritize certain cases based on directives from higher courts, demanding resolution within a specific timeframe. While these directives aim to expedite justice, they often disrupt the district court’s overall schedule, leading to further delays in other cases.

Lack of Incentives for Judges

Judges are also not incentivized to strictly enforce timelines. Statutory rules may impose deadlines, but judges frequently grant extensions, aware that higher courts often condone such delays upon appeal. Judges who strictly enforce these deadlines may face pushback from the bar, risking their reputation and career growth. As a result, adhering to case management timelines becomes a secondary priority for many.

The Units System: A Flawed Performance Evaluation

Judges in the district judiciary are evaluated based on the number of cases they dispose of, with a system awarding “units” for each resolved case. However, this evaluation system unintentionally encourages judges to prioritize simpler cases over more complex ones. While this helps them accumulate units more rapidly, it sidelines complicated cases requiring more judicial intervention, contributing to the backlog and delay of significant cases.

The Role of Lawyers and Strategic Scheduling

Lawyers also play a critical role in perpetuating delays. Given their often overloaded schedules, attorneys must decide which cases to prioritize, considering factors such as the likelihood of adjournments, the judge’s disposition, or the importance of the case. This strategic decision-making often results in unnecessary delays and adjournments.

Moreover, the unpredictable nature of court hearings complicates planning. Lawyers may not know when a case will actually be heard or whether an adjournment will be granted, making it difficult to manage their schedules effectively.

The Impact of Stays and Interim Orders

A significant contributor to delays is the misuse of stays and interim orders. Once a stay order is obtained, especially in civil matters, litigants often perceive it as a temporary victory. This diminishes their motivation to expedite proceedings, as the stay order can prevent immediate adverse actions. Consequently, stays contribute to the backlog of cases, as parties have little incentive to pursue a timely resolution.

The Disruption of Witnesses’ Lives

Witnesses often face tremendous inconvenience due to unpredictable court schedules. Summoned to testify on specific dates, they frequently experience changes in the court’s calendar, adjournments, or procedural delays. This unpredictability forces witnesses to take time off work, disrupt their personal lives, and incur financial costs, discouraging future cooperation. This, in turn, further delays the trial process.

A Holistic Path Forward: Key Reforms Needed

Rethinking Case Management

To improve judicial efficiency, a holistic approach is required that goes beyond merely implementing rules and timelines. Key stakeholders, including judges, lawyers, and litigants, need to be incentivized to adhere to more efficient scheduling and case management practices.

Reforming the Units System

The current unit-based performance evaluation system needs a revamp. Instead of prioritizing the quantity of cases resolved, the system should reward judges for effectively managing and resolving more complex cases within set timelines. This would help shift the focus from quick resolutions of simple cases to a balanced approach that addresses the backlog of more challenging cases.

Enhancing Lawyers’ Scheduling Predictability

Providing lawyers with better scheduling information would reduce the uncertainty that leads to unnecessary adjournments. Courts could implement more predictable scheduling systems, imposing penalties for delays and rewarding lawyers who adhere to set schedules.

Discouraging the Misuse of Stays

Litigants should be discouraged from using stays and interim orders as a tactic for delay. Making such orders temporary, subject to regular review, can minimize their misuse and keep cases moving forward.

Supporting Witnesses

Courts must provide more predictable scheduling for witnesses, along with adequate compensation for their participation beyond mere travel expenses. This would encourage witnesses to cooperate without undue personal or financial burden.

Conclusion:

Technological solutions offer a promising path to reform. With real-time updates and the ability to monitor case timelines, digital tools can help courts manage their schedules more efficiently. A data-driven approach could also help identify bottlenecks in the system and improve judicial efficiency. Ultimately, unless reforms are implemented with a focus on the human element of the judiciary—considering the psychological, professional, and logistical challenges faced by all participants—the problem of court delays will persist, rendering any procedural changes ineffective.

By embracing a holistic approach and integrating technology, India’s judiciary can make significant strides in reducing delays and delivering timely justice to its citizens.

Analysis of The Hindu Editorial 2: The U.K. and ‘leaving lessons’ from the Indian Ocean

Context

As the UK navigates its decolonisation efforts in the Indian Ocean, it faces a critical responsibility: ensuring the environmental protection of the Chagos Archipelago. All island nations in the region must come together to preserve the unique ecosystem of these islands, especially as the UK prepares to transition its control over the territory.

Introduction:

The Chagos Archipelago, a group of seven atolls located in the Indian Ocean, holds both historical and strategic importance. The northernmost atoll, Peros Banhos, is just 300 miles from the southern tip of the Maldives, where the British maintained a Royal Air Force base on Gan Island until 1976. Locally, the Maldivians refer to the Chagos Islands as Foalhavahi, further illustrating the deep-rooted connection between these islands and the Maldives. Beyond proximity, the islands share a complex history, with cultural and navigational ties linking them to the Maldivian atolls and beyond.

Historical Background: Maldivian and Chagos Connections

A fascinating piece of history from 1560 reveals the Sultan of the Maldives referencing the Peros Banhos Atoll as part of his domain, as evidenced by a letter housed in a Portuguese archive in Lisbon. The historical bond between the Chagos Islands and the Maldives is undeniable. The names and geographic features of these atolls further reflect shared heritage. For instance, the atoll of FoaMulak, situated next to the Addu Atoll, shares similarities with Foalhavahi (Peros Banhos), highlighting their interconnected past.

Historical records reveal a significant maritime connection between the Maldives and the Malay Peninsula, facilitated by shared winds and navigation routes. The Arab navigator Ahmad Ibn Majid described a route from Foalhavahi to FoaMulak, leading directly to the Malay Peninsula. Furthermore, many residents of FoaMulak exhibit Malay ancestry, adding another layer to the cultural ties between these regions.

Stories from the Past: French and Maldivian Accounts

In 1640, French traveler Vincent le Blanc documented an intriguing tale about an island called Polouois, believed to be Foalhavahi in the Chagos Archipelago. According to his account, the island was once ruled by the King of Achen in Sumatra. The island changed hands between two sons of the king, eventually becoming uninhabited until slaves from Zanzibar were brought to Chagos in the late 1700s, populating the islands once again.

The African Connection: Slavery in the Maldives and Chagos

During the 18th and 19th centuries, the sultans of the Maldives brought African slaves to their islands, and by the mid-1800s, the capital city of Male had a significant African population. The same traders who brought slaves to the Maldives also transported them to Chagos. This shared history of slavery highlights the intertwined destinies of the two regions, suggesting that many slaves in the Maldives and Chagos likely hailed from the same African clans.

British and French Rivalry Over Chagos

The sovereignty of the Chagos Archipelago was contested between Britain and France during their many conflicts in the Indian Ocean. By 1965, the islands had officially come under British control. However, as Britain began decolonising its territories, the question arose as to whether the Chagos Islands should be handed over to Mauritius. Historical expeditions from the Maldives, particularly in the late 1930s, reveal that the Maldives had long-standing interests in the Chagos Islands, with sultans marking coconut palms on the atolls as their property.

Traditional Use of Chagos by Maldivians

For centuries, the Maldivians have used the Chagos Archipelago, particularly the Peros Banhos Atoll, as a base for fishing. Maldivians would camp on the islands, catch fish, and prepare them for transportation back to their home atolls. This traditional use further underscores the deep connection between the Maldives and the Chagos islands, long before modern sovereignty disputes arose.

The Urgent Need for Marine Conservation

One of the most pressing concerns in the Indian Ocean today is the rapid depletion of fish stocks due to industrial fishing practices. Countries have granted fishing rights to massive trawlers, many of which come from outside the region. These practices have decimated local fish populations, posing a grave threat to the marine ecosystem.

Protected Marine Zones: A Vital Safeguard

Currently, the only areas in the Indian Ocean that are fully protected from industrial fishing are those surrounding the Maldives and the Chagos Archipelago. Maldivian fishermen use sustainable techniques, such as pole-and-line fishing, which greatly reduce bycatch and maintain fish populations at healthy levels. This stands in stark contrast to the destructive practices of factory trawlers, making the protection of these zones all the more crucial for the future of marine life in the region.

Conclusion:

The UK deserves recognition for ensuring the Chagos Archipelago remains under protected environmental status. However, as the country prepares to fully exit the Indian Ocean and address its colonial legacy, it must engage in meaningful discussions with regional nations—particularly the Maldives—about how to maintain this protected status indefinitely.

The UK’s decolonisation process must avoid repeating past mistakes, such as those made during the partition of India in 1947, which led to a tragic human cost. As the decolonisation of the Indian Ocean proceeds, it is vital that all island nations, including the Maldives, Mauritius, Seychelles, and Sri Lanka, work together to preserve the fragile ecosystem of the Chagos Archipelago. Maintaining the archipelago’s status as a protected marine area is not only an environmental necessity but also a testament to responsible global stewardship.

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