Lok Sabha Question No. 1524 (UNSTARRED), answered on 2021-02-10
Subject: Legal Reforms
Ministry: LAW AND JUSTICE
Asked by: S. Gnanathiraviam, Bhagwant Mann

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

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## LOK SABHA

UNSTARRED QUESTION NO. 1524 TO BE ANSWERED ON WEDNESDAY, THE 10 th  FEBRUARY, 2021 Legal Reforms

1524. SHRI GNANATHIRAVIAM S: SHRI BHAGWANT MANN:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  whether  the  Government  has  taken  up  any  measures  to  address  the challenges to improve access to justice for citizens as per the strategy for New India @ 75;
- (b) if so, the details thereof and the steps taken to address the challenges faced by the judiciary as per Economic Survey and Niti Aayog reports;
- (c) whether the Ministry is aware that the importance of legal reforms is need of the hour to suit contemporary development;
- (d) if  so,  the  details  thereof  and  the  steps  taken  by  the  Government  in  this regards; and
- (e)  the  other  steps  teken  by  the  Government  to  provide  'Justice  for  all'  in  the society?

## ANSWER

## MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVISHANKAR PRASAD)

(a) to (e) Yes. The Government has taken concerted steps to address the challenges to improve access to justice for citizens.

The  National  Mission for Justice  Delivery  and  Legal  Reforms  was  set  up  in August, 2011 with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities.  The Mission has been pursuing a co-ordinated  approach  for  phased  liquidation  of  arrears  and  pendency  in  judicial administration,  which, inter-alia, involves  better  infrastructure  for  courts  including computerization, increase in strength of subordinate judiciary, policy and legislative measures  in  the areas prone  to  excessive litigation, re-engineering of court procedure for quick disposal of cases and emphasis on human resource development.

The major steps taken during the last five years under various initiatives are as follows:

- i. Improving  infrastructure  for  Judicial  Officers  of  District  and  Subordinate  Courts: The number of court halls has increased from 15,818 as on 30.06.2014 to 20,062 as on 28.01.2021and number of residential units has increased from 10,211 as on 30.06.2014  to 17,736  as  on  28.01.2021 under  this  scheme.  In  addition, 2,808 court halls and 1,843 residential units are under construction.
- ii. Leveraging  Information  and  Communication  Technology  (ICT)  for  improved justice delivery: Government has been implementing the e-Courts Mission Mode Project  throughout  the  country  for  Information  and  Communication  Technology enablement of district and subordinate courts.  Number of computerized District & Subordinate  courts  has  increased  from  13,672  (in  2014)  to 18,735  as  on 28.01.2021.    New  and  user-friendly  version  of  Case  Information  Software  has been developed and deployed at all  the  computerized  District  and  Subordinate Courts.  All stakeholders including Judicial Officers can access  information relating  to  judicial  proceedings/decisions of computerized District & Subordinate Courts  and  High  Courts  on  the  National  Judicial  Data  Grid  (NJDG).  Video Conferencing  facility  has  been  enabled  between 3240  court  complexes  and

1272 corresponding jails. With a view to handle the COVID- 19 challenges better and  to  make  the  transition  to  virtual  hearings  smoother,  funds  have  been provided for  setting  up  235  e-SewaKendras at  court  complexes  to  facilitate lawyers  and  litigants  needing  assistance  ranging  from  case  status,  getting judgements/orders, court/case related information and efiling facilities.

- iii. Nine Virtual Courts have been set up at Delhi (2 courts), Faridabad (Haryana), Pune & Nagpur (Maharashtra) Kochi (Kerala), Chennai (Tamil Nadu), Guwahati (Assam)  and  Bengaluru  (Karnataka)  to  try  traffic  offences.  As  on  20.01.2021, these courts have handled 41,98,095 cases and realised Rs.139.25cr in fines.
- iv. Filling up of vacant positions in Supreme Court, High Courts and District and Subordinate Courts: From 01.05.2014 to 25.01.2021, 35 Judges were appointed in Supreme Court. 570 new Judges were appointed and 520 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High Courts has been increased from 906 in May, 2014 to 1080 currently. Sanctioned and working strength of Judicial Officers in District and Subordinate Courts has increased as follows:

| As on      | Sanctioned Strength   | Working Strength   |
|------------|-----------------------|--------------------|
| 31.12.2013 | 19,518                | 15,115             |
| 28.01.2021 | 24,247                | 19,318             |

Filling up of vacancies in Subordinate judiciary falls within the domain of the State Governments and High Courts concerned.

- v. Reduction  in  Pendency  through  /  follow  up  by  Arrears  Committees:  In pursuance of resolution passed in Chief Justices' Conference held in April, 2015, Arrears Committees have been set up in High Courts to clear cases pending for

more  than  five  years.   Arrears  Committees  have  been  set  up  under  District Judges too.  Arrears Committee has been constituted in the Supreme Court to formulate steps to reduce pendency of cases in High Courts and District Courts.

Further, Communications have been addressed by Minister of Law & Justice to  Chief  Justices  of  High  Courts  and  to  Chief  Ministers  on  20.06.2014  and 14.08.2018 drawing their attention to cases pending for more than five years and to take up pendency reduction campaign.

- vi. Emphasis on Alternate Dispute Resolution (ADR): Commercial Courts Act, 2015 (as amended on 20 th August, 2018) stipulates mandatory pre-institution mediation and settlement of commercial disputes. Amendment to the Arbitration and  Conciliation  Act,  1996  has  been  made  by  the  Arbitration  and  Conciliation (Amendment)  Act  2019  for  expediting  the  speedy  resolution  of  disputes  by prescribing timelines.
- vii. Initiatives  to  Fast  Track  Special  Type  of  Cases: Government  has  approved  a scheme  for  setting  up  1023  Fast  Track  Special  Courts  (FTSCs)  across  the country for expeditious disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 28 States/UTs have joined the scheme for setting up of 823 FTSCs including 'exclusive POCSO Courts'. Presently 609 FTSCs are functional including 331 exclusive POCSO Courts.
- viii. To reduce pendency and unclogging of the courts the Government has recently amended various laws like the Negotiable Instruments (Amendment) Act,2018, the Specific Relief (Amendment) Act, 2018, and the Criminal Laws (Amendment) Act, 2018.
- ix. Legal Services Institutions established under Legal Services Authorities Act,1987 are functioning across the country from National level to Taluka level to improve access to justice for citizens. These institutions undertake Legal aid and advice,

Legal services  outreach  activities,  promote  and  implement  ADR  mechanisms through  Lok  Adalats  and  implement  victim  compensation  schemes.  In  the scenario  of  COVID  -19  pandemic  when  protocols  of  public  health  and  social distancing  were  being  followed,  the  Legal  Services  Authorities  innovatively leveraged  technology  and  introduced  E-Lok  Adalats.8  lakh  cases  have  been taken  up  till  now  out  of  which  around  4.07  lakh  cases  disposed  of  in  E-Lok Adalats held in 24 States/UTs.

- x. In addition to the above, Department of Justice has implemented Tele-Law and Pro Bono Legal Services (Nyaya Bandhu) programme for legal assistance of the poor and marginalized sections of the society.

The Tele-Law Service connects the citizen with the Panel lawyers to seek prelitigation  legal  advice  through  the  use  of  video  /Tele  conferencing  facilities available at the Common Service Centres (CSCs) at the Panchayat level. This service  is  currently  operational  in  29,860  CSCs  in  285  Districts  (including  115 Aspirational districts) across 29 States /UTs.As on 31 st January, 2021 advice  has been  enabled  to  5,81,280  beneficiaries.  ThePro  Bono  Legal  Services  (Nyaya Bandhu)  programme  aims  to  provide  free  legal  assistance  and  counsel  to  the marginalized  sections.  Nyaya  Bandhu  Mobile  Application,  for  android  and  iOs phones,has been developed to connect the registered Pro Bono Advocates with the  registered  applicants.  As  on  31 st January,  2021,  2370  Advocates  and  1069 beneficiaries have registeredunder the programme.

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