I Want To Hear From District Judges Why “Bail Is The Rule” Principle Is Losing Ground : CJI DY Chandrachud

In his inaugural address at the All India District Judges Conference held in Kachchh on March 2, Chief Justice of India, DY Chandrachud, expressed concern over the apparent reluctance of district courts to entertain matters concerning personal liberty. Noting a departure from the longstanding principle that "bail is the rule, jail is the exception," he highlighted the increasing number of cases reaching higher courts as appeals against the rejection of bail by trial courts. The Chief Justice called for a comprehensive reevaluation of this trend and sought insights from district judges nationwide to understand the underlying reasons. “There is also a rising apprehension that district courts are increasingly reluctant to entertain matters concerning personal liberty. The longstanding principle that "bail is the rule, jail is the exception" seems to be losing ground, as evidenced by the growing number of cases reaching High Courts and the Supreme Court as appeals against the rejection of bail by trial courts. This trend warrants a thorough reevaluation. I want to hear from our district judges why this trend is emerging across the country.”CJI Chandrachud also underscored the paramount importance of inclusivity and diversity within the judiciary. While acknowledging the positive strides made in achieving greater gender representation, with women constituting 36.3% of the district judiciary's working strength, he highlighted urgent areas. Despite recent recruitment trends indicating a positive shift, with over 50% of selected candidates in the last Civil Judge (Junior Division) exam being women in 14 out of 16 states, concerns were raised regarding the lack of inclusive amenities and facilities for female judges. Alarmingly, only 6.7% of toilets in District Court complexes are equipped with facilities for sanitary napkin vending machines, reflecting a significant gap that needs prompt redressal.He expressed, “ It is heartening to note that strides have been made towards achieving greater gender representation, with women now constituting 36.3% of the working strength of the district judiciary. Furthermore, recent recruitment trends indicate a positive shift, with more than 50% of selected candidates in the last Civil Judge (Junior Division) recruitment exam being women in 14 out of the 16 states examined. However, while progress has been made in terms of gender representation, there remains a pressing need to ensure that our judicial institutions are truly inclusive and accommodating for all. It is concerning to note that despite the presence of female judges, amenities and facilities catering to their specific needs are sorely lacking. Shockingly, only 6.7% of toilets in District Court complexes have facilities for sanitary napkin vending machines and are female-friendly.”Vacancy Rates and Recruitment Strategies To Be More SC/ST FriendlyThe CJI also highlighted the pressing issue of staggering vacancy rates in the district judiciary, with Scheduled Castes and Scheduled Tribes constituting 66.3% of the total unfilled posts. Stressing the urgent need for proactive recruitment strategies, the Chief Justice also underscored the importance of addressing the 27% vacancy of support staff alongside judicial officer recruitment.“ The staggering vacancy rates for the seats reserved for Scheduled Castes and Scheduled Tribes, constituting 66.3% of the total unfilled posts, highlight the urgent need for proactive recruitment strategies. Additionally, the vacancy of support staff, at 27%, underscores the importance of addressing staffing needs alongside judicial officer recruitment.” Inclusivity Beyond Numbers - Use Of Socially-Aware Language In The CourtroomsWhile recognizing the positive strides made in gender representation, Dr. Chandrachud emphasized that inclusivity goes beyond numbers. He drew attention to a gender-stereotypical language often used in judgments from district courts, urging judges to be conscious of their language to avoid perpetuating biases and systemic inequalities within the legal system. It was further stressed that the continued use of outdated terms like 'Subordinate Court Staff' and 'Jamadar' in some states' service rules reflects a colonial mindset that needs to be corrected. It's crucial to adopt modern and inclusive language to create a workplace culture that values and treats all employees fairly and equally.“Inclusivity does not merely mean the presence of a diverse set of people. It also reflects a culture. Quite often, judgments coming from district courts use gender-stereotypical language, which denigrates the dignity of women. Our judges in the district judiciary must be conscious of the language they use in court proceedings and judgments. After all, language holds immense power and influence within the realm of law and justice. The words used by judges not only reflect norms and attitudes but also shape perceptions and outcomes. When judgments employ gender-stereotypical language...

I Want To Hear From District Judges Why “Bail Is The Rule” Principle Is Losing Ground : CJI DY Chandrachud

Anmol Kaur Bawa