M. Veerappa Moily: People are going to goondas as faith in the judiciary has eroded

Could you outline your vision for reducing pendency in courts in India?
The pendency rate is heavy. We plan to reduce the pendency from 15 years to three years. A National Arrears Grid [which will monitor clearance of pending cases across courts in India] will be put on mission mode. E-courts, evening courts and fast-tracking of cases involving senior citizens, women and children will be done. There should be no cases pending after three years. We are also creating commercial courts within High Courts.

Within two or three years [on account of these steps] India will be one of the best destinations for investment. We will also make it a preferred destination for arbitration. We require judges and infrastructure. For this we will have an SPV [special purpose vehicle] which will look after the funding part of it.

There is a perception that the government is the biggest litigant. We will try to see that the government litigation is minimised.

Image: Madhu Kapparath for Forbes India

Apart from these, we have a number of undertrials whose cases remain pending for long periods. Between January 1 and June 30 [2010], two-thirds of cases pertaining to undertrials will be disposed off on a fast-track basis. These are not mere words but they are being implemented.

But such measures to cut down pendency have been discussed for so many years.

It is not mere rhetoric. This time the proposals are backed by a cabinet decision. The judiciary has also been involved in every step [of the project].

There is also a perception that the quality of justice delivery may suffer when such frenetic efforts are made to cut down pendency. What is your view?
There will be no compromise on quality. At the same time, access to judiciary for the common man will be improved. We have identified the bottlenecks. For instance, matrimonial cases, 498A [pertaining to dowry] cases are some that are there in large numbers and can be fast-tracked. These cases will be fast-tracked using appropriate high-tech technologies as well. Prioritisation and classification of cases will be done. The Gram Nyayalaya Act 2008 has been operationalised from October 2, 2009, which will also see that certain types of cases are disposed off within six months.

What has been ailing the justice delivery system so far?
One of the main problems is that we have not thought of systems that would help run the judiciary smoothly. Today I am trying to put the systems in place.

We are now also taking the judges into confidence. In fact, Supreme Court judges and the chief justices of the High Courts presided over the groups that were charged with recommending measures to tackle each of the items pertaining to this project.

It is said that a large number of lawyers in the country are not happy with the methodology adopted by the government to reduce pendency. What is your view?
We have taken the bar councils also into confidence. The lawyers must realise that today people are going to goondas as faith in the judiciary has eroded. Once the faith is re-established, the lawyers will have more cases. In many cities like Mumbai, people are going to the mafia to settle cases pertaining to tenancy and real estate. I am confident that all this can be achieved in three years. I am interested in setting up the systems.

You have proposed setting up of commercial courts in the country. Could you elaborate on the significance of this proposal?
Cases pertaining to commercial disputes over and above Rs. 5 crore will now go to the commercial divisions that are to be soon set up in the High Courts. Once these courts are established, they will ensure that too much time is not taken for execution of decree or to pursue the case. This move will speed up and also add quality as the judges appointed to these courts will be well trained on the specific subject. Otherwise if these cases are filed anywhere, as they are today, they will add to the pendency. The quality and speed will not be available.

What are the other measures that are being implemented to improve the judiciary?
The Judges Standards and Accountability Bill will replace the Judges Inquiry Act and will help create a better atmosphere in the judiciary. This will help ensure that no tainted person can become a High Court judge. There will be no room for any perception of corruption in the system. At the same time, any person who makes a frivolous charge of corruption against a judge will also be seriously penalised.

Do you think the rise of Naxalism in the country is also a reflection of the justice delivery system in the country?
It is because of the absence of rule of law. The people in rural areas do not get justice. They have no faith in the system. Their land is taken away and they are forced to go to the Naxalites. The Naxalites settle disputes and even pass punishment of hanging. If justice is not accessible, the last man in the queue becomes a victim in the hands of the Maosists. Terrorism also happens because some people feel alienated and when that reaches the zenith, he can take recourse to terrorism. We have many prejudices in the country. If the justice delivery system is perfect, democracy will also be perfect.

There is also some talk about your attempts at improving gender equality in Indian laws. Could you elaborate?
There are many laws in the country that are in favour of men and put women in a disadvantageous position. We are trying to set that right.

In adoption, women sometimes face a problem. In divorce petitions when one spouse holds up marriage, the other cannot marry again. I am trying to sanitise Acts which have a gender bias. Indian laws are skewed in favour of the man to a certain extent, which needs to be corrected.