The huge backlog of cases shows the crisis of the Indian Judiciary system. In such a scenario, Online Dispute Resolution (ODR) can make the situation better. This blog is solely dedicated for its awareness.
Last week I asked my father that why he doesn’t file a case against the RWA for overcharging of electricity prices in our society? He said, and I quote-“kaun iss jhamela mein fasse”. (No point of getting caught in these legal complexities).
He chose to overpay the bill every month instead.
The backlog of cases in India is 30 million. According to the Delhi High Court, it will take us 464 years to clear this backlog.
People die, their children die. Their cases are still alive. The situation is laughable.
You might choose to be angry, frustrated, damned, laugh but you can’t choose to ignore it. This element impacts the very fabric of our society, i.e., you, your family, your friends, your community.
We as lawyers continue fighting over the correct interpretation and position of law. We as law students continue fighting over landing a job in a corporate law firm. But sometimes, we should take out time to think of the bigger picture.
You know that thing the law was created for, hmmm, I think it was called justice? In the slew of greed, competition, money and power, we have lost sight of what the law actually stands for. That’s right it stands for everyone, whether it’s a millionaire sipping his sangria in his Colaba mansion, a student playing Call Of Duty or a beggar looking for food and shelter. And herein lies the first problem, law / justice is not accessible… At all.
Even if by using your perseverance, you were able to enter the mighty gates of the court and are willing to go there every day, you need to do a thesis to understand the various procedures, documentation, forms and papers. And I wouldn’t even dare to mention how many zeroes your bank balance would lose in the process.
Article 21 of our constitution mandates speedy and economic justice. The law was made to protect the people but the people today are more scared of the law than the local mafia. The law was supposed to be the primary thread of unification in our diverse society but today people feel isolated from the judiciary than ever.
And I am only talking about resolving a INR 1.5K additional electricity bill. I understand you dad.
Now coming back to the actual question about why should you read this blog:
1) This blog is not just a rant on the existing system. It also proposes a solution.
Every problem has a solution. And the solution we propose is Online dispute resolution (ODR). This is a new field in dispute resolution. And unlike the conventional method, it makes resolving disputes easier. You can actually resolve your legal disputes without even stepping out of your house.
2) This blog will be the best place to keep you updated on this field. Also, there are not many online resources available on this for India.
The field of ODR is still in nascent stage in India. The situation is not different in many other countries. There are hardly any books available on this subject. It is still an evolving field. This blog will make you understand this concept. It will keep you updated with all the news and legislation changes related to this field.
3) This blog understands the value of your time. Each blog will be provided with a short summary.
The subject of this blog might sound heavy. But we will make it easier. Each blog will be provided with a “TL;DR” feature which will contain a brief summary. Less use of paragraphs. Short sentences. Summarization through comics. All this to save your time.
4) This blog is important for us.
This is not just a blog. It is an initiative. An initiative which aims to change the scenario of the current judicial system. An initiative to bring awareness in people about how effective this solution can be.
Also, the main reason for this huge backlog is not just the system, the judges or the lawyers. It is also us. It is our mindset. We abuse the procedure of law. When a delay favours us, we cause the delay. When we see injustice, we choose to suffer rather than do something about it.
It is an initiative for change. Be a part of this change. It is really important that you do.