Case Arrears, Infrastructure Problems, Gender Disparity : Crisis Looms Over Bihar Judiciary

While laying down the foundation stone of the Patna High Court building on 1st December 1913, the then Viceroy and Governor General of India Lord Hardinge of Penshurst said, “I now proceed to lay this stone in full confidence upon the people of this province. I feel assured that within its walls in future days justice will be administered with courage and impartiality to the terror of evil-doers, and to the triumph of every cause which is right and true, so that the High Court of Bihar shall earn a name for sound sense and good law.”Two and a half years later in February 1916 when the High Court building was formally opened, the same Viceroy said, “I am about to perform an almost unique duty and one which I do not think has fallen to the lot of any previous Viceroy…I think when I look at this fine building that the people of this province may congratulate themselves in many ways on their new institution. It will be an emblem of the great, and, perhaps, even weightier, in its decision as between the individual and the State…With my most earnest wishes that the labour of this Court may be inspired with wisdom, justice and mercy I will now proceed to open the building.” Although those were lofty words by an Englishman almost 100 years ago, there can be no doubt about the fact that the Patna High Court, like any other judicial branch of the country, had huge responsibility on its shoulders. This responsibility did not start and end at deciding disputes as a routine affair, but spread to ensuring better access to justice for the residents of one of the most downtrodden states of the country. To ensure access to justice for its people, the Patna High Court and the Bihar State Judiciary as a whole, like any other judicial branch of the country, was supposed to be inclusive and representative of a diverse class of citizens so as to efficiently answer the many problems that are unique to the state. Need For Unique Solutions to Unique ProblemsThe recently released report of the Bihar Caste-Based Survey indicates that more than 63% of the State’s population belong to the Backward Class category and almost 20% form part of the Scheduled Caste population. With over 50% of its population being multidimensionally poor, lowest on per capita GDP and with the highest percentage of population being below the poverty line, Bihar faces a unique problem. According to official data, the State has the lowest literacy rate in the country, most number of malnourished children, second most backward in overall health performance indicators and highest in gender pay gap. Moreover, issues such as chronic poverty, social conflict, pervasive gender discrimination, low literacy rates, lack of employment opportunities and increasing rates of crime stare in the State’s face. A judiciary that is supposed to deliver justice in such a complex state can choose to be anything but inefficient. It has to necessarily be inclusive, diverse, duly represented by the vulnerable and affected class of citizens and increasingly modern. It has to forge unique solutions for unique problems.However, the judicial system in the state of Bihar today is currently reeling under pressure. With a burgeoning backlog of cases, both in the High Court as well as in the District judiciary, its issues are the most unnoticed in mainstream media. An Alarming CrisisThe Bihar State Judiciary today paints a grim picture, marked by challenges that are systemic and persistent. With a staggering backlog of 3.5 million pending cases, including 534,172 civil and 3,027,739 criminal cases, Bihar ranks at an unenviable third position amongst the states in the country in terms of backlog and pendency of cases. Uttar Pradesh and Maharashtra are the top two. In around 380,481 cases that are currently pending, comprising 97,888 civil cases and 282,593 criminal cases, the litigant is a woman. The state ranks third amongst all the states in terms of total pending cases filed by women. Close to one lakh cases in the State of Bihar have been pending for more than three decades alone. On an average, it takes almost 5 years before a case is disposed of at the Patna High Court.This alarming figure is certainly part of a national crisis, with over 4.4 million pending cases across India's district and subordinate courts, as highlighted by the Union Law Ministry. However, the situation in Bihar is relatively more problematic than other states. The judicial infrastructure in Bihar is not just inadequate but in a state of wanting. Judicial infrastructure, that does not just include courtrooms but also includes facilities for legal professionals and litigants, presence of alternative dispute resolution mechanisms for litigants, sufficient and efficient legal aid infrastructure, etc is currently reeling under crisis in the State. The working conditions for those at the level of the district judiciary remains unsatisfactory. The Patna High Court itself, in its 2022 observations, while dealing...

Case Arrears, Infrastructure Problems, Gender Disparity : Crisis Looms Over Bihar Judiciary

Bhavya Singh

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