There are many problems created due to easy accessibility to courts in India. Easy accessibility to courts can create several issues with significant impact on a society. Some of the potential problems are listed below:
· Redundant Litigation: Easy accessibility can encourage unnecessary litigation. More importantly the courts will be forced to deal with cases that lack merit.
· Social Costs: Cases of social importance such as those that can create environmental impact or can clarify/articulate social policies may not be resolved in appropriate time as the legal system is busy due to being overburdened by avoidable cases.
· Economic Costs: Tax payers’ money is spent on adjudicating cases that lack merit rather than on cases that deserve attention of a society.
· Court used as a play station: When court is used as a theatre to willfully defame a person or organization, the productivity of the society is impacted.
The possible solutions to easy accessibility of the courts can be
· Increase the number of courts in proportion to the population and the number of cases being filed in the courts.
· Through case verdicts and fines/legal fees, courts can discourage arbitrary or willful use of the legal system as recourse to issues lacking merit and unnecessary intervention.
· There should be provisions that it becomes mandatory for the parties involved in the case to have conciliatory meetings in the presence of an umpire appointed by the court, which is slightly different that arbitration.
Dr. Malay R. Patel, Dean-in-charge, Unitedworld School of Law (UWSL)
Disclaimer: The opinions / views expressed in this article are solely of the author in his / her individual capacity. They do not purport to reflect the opinions and/or views of the College and/or University or its members.