In the recent past, several matters argued in the Bombay high court have highlighted the complete neglect by the state government in providing basic facilities to litigants and judicial officers/staff, thereby creating an unpleasant environment in lower courts.
In the recent past, several matters argued in the Bombay high court have highlighted the complete neglect by the state government in providing basic facilities to litigants and judicial officers/staff, thereby creating an unpleasant environment in lower courts.
Earlier this week, a division bench of Justices Abhay Oka and Anil Menon expressed displeasure over the government's apathy in releasing funds to the tune of Rs4.23 crore for setting up a complex to house courts and quarters for judicial staff in Navi Mumbai.
It said: "We have time and again passed orders asking the authorities concerned to release funds for this project, but there has been a considerable delay in this regard."
Another bench led by Justice VM Kanade said that litigants are real consumers of justice: "It is the responsibility of the state to ensure they are provided with proper facilities."
The court also suggested that the state consider setting up crèche on court premises for the benefit of woman judicial officers, who comprise 40% of the total judiciary in Maharashtra. The supreme court has recently directed the setting up of a crèche in its premises for the benefits of woman advocates.
The issue of lack of facilities is not limited to lower courts, for even in forums and tribunals the same persists. Until recently, the Bandra Consumer Forum was operating from a small room where there was no proper sitting place for judicial members and litigants/staff. It was only after the directives given by the high court while hearing a PIL filed by an NGO Consumer Welfare Association, that it has now shifted into a proper room.
Consumer activist AM Mascarenhas said that facilities are inadequate, space limited, and litigants are inconvenienced. He added: "Documents are kept in all sorts of areas due to lack of space, which could lead to missing of files. The departments or the state should take proper measures to function properly. A judicial member of the forum or state commission has to have a proper place for dispensing justice which is befitting his status."
Advocate Ahmed Abdi, who has filed a PIL in the Bombay HC seeking shifting of the HC premise from Fort to another large land area, said that infrastructure is a major problem. He reasoned: "If posts of judges are increased, that means an increase in support staff, thus, the court's atmosphere has to be conducive enough to help judicial officers optimize their output. A solution to this could be to use the revenue generated in the form of court fees, etc to reuse the same in building court infrastructure."
Legal experts attribute the neglect of judiciary by the state because the government perceives courts as an expense-oriented model rather than an income-generation model.
The problems which plague the lower judiciary include lack of proper seating space for advocates and litigants, crumbling buildings, lack of sanitation and potable drinking water.
Judicial members in several courts have to share toilets among them, far-off accommodation causing long travel time. Also, in rural areas, the persistent problem of load shedding causes a lot of delay in dispensing justice.
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