Guwahati: Space crunch, lack of robust digital infrastructure and poor network connectivity as well as lack of adequate security in the courts in Northeast are collectively hindering the effective delivery of justice.
“It is the duty of the state to provide access to justice to all its citizens and create judicial infrastructure to provide efficient, economic, and timely delivery of justice. The status of judicial infrastructure in the Northeastern States can at best be termed as a work in progress and a lot of work still needs to be done to meet the requirement at the lower end of the spectrum. It does not augur well for a vibrant and aspirational democracy to have Courts which are functioning from dilapidated rented premises with insufficient space and which lack basic amenities like toilets, water connection, proper electricity supply, etc” commented an official from the Departmentally Related Standing Committee on Personnel, Public Grievances, Law and Justice.
The committee visited Imphal, Gauhati and, Agartala from 19th to 23rd January, 2023 and Kohima, Shillong, and Itanagar from 9th to 13th May 2023 to get a first-hand account of the judicial infrastructure in the Northeast. The committee interacted with the Chief Justices and other Judges of these High Courts and district courts, Members of the Bar, officials of the Ministry of Law & Justice, Government of India, officials of State Governments, and other stakeholders to understand the challenges being faced in augmentation of judicial infrastructure in the North-Eastern states.
The committee found a severe space crunch is being faced in the majority of courtrooms. There is a shortage of judges’ chambers, a lack of sufficient parking space, and a lack of adequate number of toilets. It was emphasised that space is required to accommodate new departments, record rooms, secretariats and offices such as Juvenile Justice Secretariat, Chief Justices ‘ Conference Hall, Mediation Centers, Judges Libraries, and Libraries for advocates.
It noted that a lack of robust digital infrastructure and poor network connectivity in remote areas is a major impediment in carrying out court proceedings through virtual mode. The IT hardware and software need to be upgraded from time to time, it said.
Furthermore, it said the issue of adequate security of the court premises as well as that of the judicial officers and lawyers need to be addressed. In some cases there isn’t a separate compound, with boundary walls and gates, to secure the court complex which causes security issues for the judges, prosecutors, bar members, vulnerable witnesses etc.
Steps need to be taken to ensure adequate water supply, fire safety measures, provisions for lifts and ramps, separate toilets for men/women, it said.
The committee was informed that the primary responsibility of the creation of judicial infrastructure at the district and subordinate levels primarily lies with the State Government. However, the Department of Justice, Government of India has been implementing the Centrally Sponsored Schemes (CSS) for the development of infrastructure facilities for the subordinate judiciary in the country since 1993-94.
The objective of the scheme is to improve the physical infrastructure of the subordinate courts including court buildings and the housing needs for judicial officers of district and subordinate courts in the country with a view to facilitate better justice delivery. The scheme does not cover the construction of High Court buildings.
Although the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary, is a ray of hope in an otherwise gloomy scenario, it is imperative to enhance the share of Northeastern States under the Scheme.
It was found that Meghalaya is the best-performing state amongst the North-Eastern States in terms of receipt and utilization of funds under the scheme. At the same time no fund was released to Mizoram, Nagaland, and Tripura during FY 2022-23 due to pending unspent balance. “It is a matter of grave concern as ongoing projects as well as launch of new projects in these states would be adversely affected due to stalled funds” the committee noted.
The information made available to the Committee shows that the total sanctioned strength of judicial officials of the eight North-Eastern States is 950. Out of which the working strength is 753 and 197 posts are lying vacant which is roughly equal to 20.7% of the total sanctioned strength. There are 728 court halls out of which 709 are government-owned and 19 are running in rented premises. 194 court halls are under construction. There are 623 residential units out of which 510 are government-owned and 113 are rented buildings. 148 residential units are under construction.
The funding pattern under the CSS for the 8 Northeastern States and two Himalayan states is 90:10 (Center: State). However, in some cases, the states are finding it difficult to even contribute 10% of the funds leading to delays in the completion of projects. Accordingly, the Committee recommends the department to explore the possibility of providing a better deal in terms of enhanced allocation of funds and relaxation of spending norms under the Scheme, considering the peculiarities of the NE states.
Dear Reader,
Every day, our team at EastMojo travels through rain, rough roads, and remote hills to bring you stories that matter – stories from your town, your people, your Northeast.
We do this because we believe in truthful, independent journalism. No big corporate backing, no government pressure – just honest reporting by local journalists who live and breathe the same air you do.
But to keep doing this work, we need you. Your small contribution helps us pay our reporters fairly, reach places others ignore, and keep asking the tough questions.
If you believe the Northeast deserves its own fearless voice, stand with us.
Support independent journalism. Be a Member.
Thank you,
Karma Paljor
Editor-in-Chief, eastmojo.com
It has also recommended that the 10% of the state quota may also be relaxed for the NE States subject to subsequent recovery from the concerned state, so that the ongoing projects are not stalled for want of such meager amounts of money.
Also Read | Confederation of International Small Tea Holders’ HQ shifts to India