CHANAKYA NATIONAL LAW

UNIVERSITY

Project Report
On
Child Rights -A Socio legal Study
(Sociology of law)

Submitted to: Submitted by:

Dr. Sangeet Kumar Pratiyush Kumar
(Assistant Professor -Sociology) Roll No: 1750
Course: B.A.LLB

(2ND SEMESTER)

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 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.A.LLB (Hons.) Project Report entitled “A CASE
STUDY OF PATNA CITY CIVIL COURT: submitted at Chanakya National Law University,
Patna is an authentic record of my work carried out under the supervision of DR SANGEET
KUMAR. I have not submitted this work elsewhere for any other degree or diploma. I am fully

responsible for the contents of my project report.

(Signature of the Candidate)

Name: Pratiyush Kumar

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 ACKNOWLEDGEMENT

Any project completed or done in isolation is unthinkable. This project, although prepared by me,
is a culmination of efforts of a lot of people. Firstly, I would like to thank DR. SANGEET
KUMAR for helping me in making the project on “A CASE STUDY OF PATNA CITY CIVIL
COURT: for his valuable suggestions towards the making of this project.

Further to that, I would also like to express my gratitude towards our seniors who did a lot of help
for the completion of this project. The contributions made by my classmates and friends are,
definitely, worth mentioning.

I would like to express my gratitude towards the library staff for their help also. I would also like
to thank the persons asked for help by me without whose support this project would not have been
completed.

I would like to express my gratitude towards the Almighty for obvious reasons. Moreover, thanks
to all those who helped me in any way be it words, presence

Name: Pratiyush Kumar

B.A.LLB
Semester :1st
Roll: 1750

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 TABLE OF CONTENTS
S.No Topic Page No.
1 Acknowledgement 3
2 Research Methodology 4
3 Introduction
a) Method of Research
b) Sources of Data
c) Method of Writing 5
d) Research Questions
e) Hypothesis

4 Modes of committing negligence

a) Malfeasance
b) Misfeasance and, 6
c) Nonfeasance

5 Development of general duty of care

a) Case 4.1 : Winterbottom vs. Wright
b) Case 4.2 : Heaven vs. Pender
c) Case 4.3 : Donoghue vs. Stevenson 7-9
d) Case 4.4 : Jacob Mathew vs. state of Punjab

6 Essentials of negligence
a) Two approaches of Negligence
b) Duty of Care 10-12
c) Breach of Duty of Care Breached
d) Resulting damage

7 Negligence and its types

a) Contributory 13-14
b) Composite

8 Landmark cases related to negligence and legal maxims

a) Case 7.1 : Glasgow vs. Taylor
b) Case 7.2 : Bolton vs. stone
c) Case 7.3 : Wagon mound case 15-16
d) Case 7.4 : Scott vs. shepherd
e) Case 7.5: Byrne vs. Boadle

9 Standard of Care Along With Magnitude Of Risk And Determination Of Negligence

a) Standard Of Care 17
b) Magnitude of risk involved
c) Determination of Negligence

10 Medical negligence and nervous shock 18-20

11 Conclusion and Suggestions 21
12 Bibliography 22

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 RESEARCH SUBTOPICS
1.1 AIMS AND OBJECTIVES:
The researcher will do the research

1. To find out the current status of problems faced by Indian judiciary.

2. To study in-depth about the problems of lawyers in Patna city civil court.
3. To find out the solutions of the present troubles faced by lawyers, judges, and commoners
in Patna city civil court
1.2 HYPOTHESIS:
The researcher presumes that the:

1. Patna city civil court is denied of basic facilities which should be available to it as a unit
of judiciary.
2. Indian judiciary is declining because of delay in judicial proceedings.
3. There is shortage of judges and lack of infrastructure in Patna city civil court.
4. Lawyers and clients are facing several problems in Patna city civil court.
1.3 LIMITATION:
The present research is confined to a time limit of one month. The research contains both doctrinal
and non - doctrinal works. The researcher will talk to present lawyers of Patna city civil court
about its work, function, problems of working in it as a lawyer and as a judge.

1.4 SAMPLING TECHNIQUE:

Researcher have used purposive and convenient method of sampling due to paucity of time and
various limitations of Research. Researcher will talk to lawyers and court clerks of Patna city civil
court only.

1.5 LITERATURE REVIEW:

The researcher has examined the primary and secondary sources of data in the project. The primary
sources are Constitution of India, legal provisions and case laws. The secondary sources are books,
journals, magazines, newspaper etc.

1.6 RESEARCH QUESTIONS:

The researcher will study answer of following research question

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 1. Infrastructure and management of Patna city civil court?
2. Hierarchy of courts in Indian judiciary
3. Problems of litigants in Patna city civil court.
4. Facilities available to lawyers and judges of Patna civil court.

1.7 RESEARCH METHODOLOGY:

The researcher has adopted doctrinal as well as non-doctrinal method of research.

1.8 AREA OF RESEARCH:

Patna City Civil Court.

1.9 SOURCES OF DATA:

Primary Sources
1. Legislative Provisions
2. Field work
Secondary Sources
1. Books
2. Newspaper
3. Websites
4. Journals
5. Magazines

1.10 TOOLS OF DATA COLLECTION:

1. Diary
2. Notepad
3. Sound recorder
4. Camera
5. Interview schedule
6. Observation guide

1.11 PILOT SURVEY:

Researcher have successfully conducted a pilot survey on a small sample from the target group
before opting for the non-doctrinal mode of research or going for a field study and found it very
useful and helping in due course of research. In this the Researcher pre-tested his prepared
questionnaire among people and took their interview in a more informal way. The researcher has
conducted field work after correcting these questions

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 INTRODUCTION
The judiciary (also known as the judicial system or court system) is the system of courts that
interprets and applies the law in the name of the state. The judiciary also provides a mechanism
for the resolution of disputes. In most nations, under doctrines of separation of powers, the
judiciary generally does not make law (which is the responsibility of the legislature) or enforce
law (which is the responsibility of the executive), but rather interprets law and applies it to the
facts of each case. The Judiciary is often tasked with ensuring equal justice under law.

The term "judiciary" is also used to refer collectively to the personnel, such as judges, magistrates
and other adjudicators, who form the core of a judiciary (sometimes referred to as a "bench"), as
well as the staffs who keep the system running smoothly.

2.1 Indian Judiciary

The Indian Judicial system is one of the unique features of the Indian Constitution. It provides a
single integrated system of Courts to administer both Union as well as State laws. The SC of India
is the highest appellate authority in Indian legal system. Below the SC, each state or a group of
states have HC and several subordinate courts are under these HC.

As every State is divided into Districts, these Districts are presided by a District and Sessions
Judge. The District Judge have original as well as appellate jurisdiction. The Sessions Judge is the
highest judicial authority in a District. Under the District and Sessions Judge, there are Courts of
civil and criminal jurisdiction i.e. Civil Judge (Senior Division) which have unlimited power to
decide the civil matters of any pecuniary value and Civil Judge (Junior Division) known as Munsif
which have limited power to decide the civil matters. Similarly, in criminal jurisdiction, comprise
the Chief Judicial Magistrates or Chief Metropolitan Magistrate and Judicial Magistrates or
Metropolitan Magistrate of First and Second Class.

2.2 Hierarchy of courts in Indian judiciary

The feature Indian judiciary system is its hierarchical structure of courts. There are different levels
of judiciary system in India empowered with distinct type of courts. The courts are structured with
very strong judiciary and hierarchical system as per the powers bestowed upon them. This system
is strong enough to make limitation of court with its jurisdiction and exercise of the power. The
Supreme Court of India is placed at the top of the hierarchical position followed by High Courts
in the regional level and lower courts at micro level with the assignment of power and exercising
of the same for the people of India.

2.2.1 Supreme Court of India

Supreme Court of India is the highest level of court of Indian juridical system which was
established as per Part V, Chapter IV of the Constitution of India which endorses the concept of

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Supreme Court as the Federal Court to play the role of the guardian of the esteemed constitution
of India with the status of the highest level of court in the status of appeal cases.

• Constitution Regulation

As conferred by Articles 124 to 147 of Indian Constituency, the jurisdiction and composition of
the Supreme Court is being fixed. This court is primarily of the status of appellate court. This court
is accepting the appeals of cases which are being heard in the High courts situated in different
states and union territories with dissatisfaction of related parties. This court also accepts writ
petitions with the suspected occurrence of activities which may infer about violation of human
rights and subsequent petitions are accepted to hear and judge the consequences of such
happenings.

These types of petitions are accepted under Article 32 of Indian constitution. This article confers
the right to ensure remedies through constitution. This court also hears about such serious issues
which need to be attended with immediate attention.

• History

This court has started its operation since 28th January 1950 with the inaugural sitting, the day since
when the constitution of independent India had been effectively applicable. The court had already
taken care of more than 24,000 judgments as per report of the Supreme Court.

• Structure and Application

This court is comprised of the Chief Justice along with 30 other judges to carry on the operation
of the court. The proceeding of the Supreme Court is being heard only in the language of
English. The Supreme Court is governed by the Supreme Court Rules which was published in the
year 1966.

2.2.2 High Court of India

• Constitution

High Courts are second Courts of Importance of the democracy of India. They are run by Article
141 of the Constitution of India. They are governed by the bindings conferred by the Supreme
Court of India so far judgments and orders are concerned. The Supreme Court of India is the
highest level of courts and is responsible for fixing the guidance to the High Court’s set by
precedence.

High courts are the types of courts which are instituted as the courts powered by constitution with
the effect of Article 214 Part IV Chapter V of the Indian Constitution. There are 24 high courts in
India taking care of the regional juridical system of India out of which Kolkata High Court is the
oldest.

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 • Jurisdiction

These courts are mainly confined to the jurisdiction of state, group of states or Union
Territory. They are being empowered to govern the jurisdiction of lower courts like family, civil
and criminal courts with other different courts of the districts. These courts are of the statute of
principal civil courts so far originality of jurisdiction is concerned in the related domain of the
states and the other district courts.

These courts are treated as subordinate to High Courts by status. But High Courts are mainly
exercising their jurisdiction related to civil or criminal domain if the lower courts are proved
incapable of exercising their power as per authorization extended by law. These situations may
be generated through the inability of financial or territorial jurisdiction. There are specific areas in
which only High Courts can exercise the right for hearing like cases related to Company Law as it
is designated specially in a state or federal law.

But normally the high courts are involved in the appeals raised in the cases of lower courts with
the writ petitions as conferred in Article 226 of the Constitution of India. The area of writ petitions
is also the sole jurisdiction of high courts. The jurisdiction of High Court is varying so far territorial
jurisdiction is considered.

• Official structure and application

The appointment of the judges of High Courts are being executed by the President of India with
the consultation of the Chief Justice of India, the Chief Justice of High Court and the Governor of
the state or union territory.

Decision on the number of judges in High Court is mainly dictated considering the higher number
of either the average of organization of main cases for the last years as per the average nationally
calculated or the average rate of main cases disposed per judge per year in the respective high
court.

The high courts with handling of most of the cases of a particular area are provided with the facility
of permanent benches or branches of the court situated there only. To serve the complainants of
remote regions the establishment of circuit benches had been made to facilitate the service with
the schedule of operation as per the occurrence of visit of the judge[8].

2.2.3 Lower Courts of India

• District Court

The basis of structuring of district courts in India is mainly depending upon the discretion of the
state governments or the union territories. The structure of those courts are mainly made
considering several factors like the number of cases, distribution of population, etc. Depending

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upon those factors the state government takes the decision of numbers of District Courts to be in
operation for single district or clubbing together different adjacent districts.

Normally these types of courts exercise their power of juridical service in district level. These
courts are covered by the administrative power of the High Courts under which the district courts
are covered. The judgments of the district courts are subject to review to the appellate jurisdiction
of the respective high court.

• Structure and Jurisdiction

The district courts are mainly run by the state government appointed district judges. There are
additional district judges and assistant district judges who are there to share the additional load of
the proceedings of District Courts. These additional district judges have equal power like the
district judges for the jurisdiction area of any city which has got the status of metropolitan area as
conferred by the state government. These district courts have the additional jurisdictional authority
of appeal handling over the subordinate courts which are there in the same district specifically in
the domain of civil and criminal affairs.

The subordinate courts covering the civil cases, in this aspect are considered as Junior Civil Judge
Court, Principal Junior and Senior Civil Judge Court, which are also known as Sub Courts,
Subordinate Courts. All these courts are treated with ascending orders. The subordinate courts
covering the criminal cases are Second Class Judicial Magistrate Court, First Class Judicial
Magistrate Court, and Chief Judicial Magistrate Court along with family courts which are founded
to deal with the issues related to disputes of matrimonial issues only. The status of Principal Judge
of family court is at par with the District Judge.

There are in total 351 district courts in operation out of which 342 are of states while 9 are of union
territories.

2.3 SUBORDINATE COURTS

Subordinate courts, at the level of districts and lower, have almost similar structure all over the
country. They deal with civil and criminal cases in accordance with their respective jurisdictions
and administer the Code of CPC and the Code of CrPC. Each State is divided into judicial districts.
The subordinate judiciary is headed by a District and Sessions Judge, in every district.

The usual designations on the civil side are DJ, ADJ, and Civil Judge. For criminal cases, there
are Sessions Judge, Additional Sessions Judge, Chief Judicial Magistrate, Judicial Magistrate etc.
The Governor in consultation with the High Court appoints the district judges. A person who is
not already in Govt. Service should have at least seven years’ experience at the bar to become
eligible for the position of a district judge (Art. 233).

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 2.3.1 District Courts of India:

The jurisdiction of the District Courts of India is placed below the supervision of the HC of the
country. A particular District Court shall be controlled by the High Court of the State of which the
district is a part. Such courts conduct Appellate and Original jurisdiction in all matters related to
criminal and civil cases. District Courts render justice at the district level. These courts are entitled
to exercise all sorts of judicial powers, which extend to granting capital punishment to convicts.
District Courts are empowered to control the subordinate courts belonging to the districts.

2.3.2 Sessions Courts of India:

District Courts assume the name of Sessions Courts when they deal with matters concerning
criminal cases, which can be categorised under the Code of Criminal Procedure (CrPC). Section 9
of CrPC asserts that Sessions Courts are set up by the State Govts. These courts administer justice
to cases involving theft, pick-pocketing, robbery, murders and other cases of similar types.
Sessions Court is empowered to provide all sorts of punishments to criminals, which includes
death penalty. Initially, Sessions Courts used to hear every case in various sessions, continuously,
before arriving to decisions and presenting the judgments immediately upon the completion of the
hearings. Therefore, these courts attained the name, ‘Sessions Courts’, as they disposed of the
cases speedily.

2.4 Cases Pending in District courts:

“2.81 crore cases pending, 5,000 judges short across India”
In an alarming scenario, a whopping 2.8 crore cases are pending in district courts across the country
which are short of nearly 5,000 judicial officers. The situation has led to suggestions in two
Supreme Court reports to increase the judicial manpower “manifold” — at least seven times — to
overcome the crisis by appointing about 15,000 more judges in the coming few years. The
suggestions and some sharp remarks came out in two reports issued by the Supreme Court —
‘Indian Judiciary Annual Report 2015-2016’ and ‘Subordinate Courts of India: A Report on
Access to Justice 2016’– which also highlighted that nearly 15,000 more judges would be required
in next three years to overcome this critical situation.

Data showed that district courts across the country are grappling with a backlog of 2,81,25,066
civil and criminal cases in the period between July 1, 2015 to June 30, 2016. But a large number
of matters, 1,89,04,222, were also disposed off during the period.

One of the key reasons for the huge figure of pending litigation is the shortage of judges in
subordinate courts which is “a cause of concern”, as there are 4,954 judges’ posts vacant when the
sanctioned strength of judicial officers was 21,324, the report on subordinate courts said.

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Based on the study and keeping in mind the future growth in institution of cases, it is found that
the present judge strength is insufficient to deal with a huge figure of pendency of cases, which is
a cause of concern. Additional judicial manpower and support staff, as well as infrastructure is
required immediately to handle the situation,” the report said. In the backdrop of the tussle between
the judiciary and the executive over appointments of judges and infrastructure, the report came out
with sharp remarks over the failure of the government in dealing with these issues.

The immediate requirement itself shows that enough has not been done to increase the judge’s
strength of the subordinate judiciary. The State is obliged to carry out the decisions of the Apex
Court and increase the Judge-Population Ratio to 50 per million as held in the All India Judges
Association case. The present judge strength is sufficient just to handle the fresh cases filed each
year which ensures constancy of pendency figures. It is necessary to understand and predict that
case filing patterns would change in future and device methods to keep pendency in manageable
limits,” it said.

The report on the subordinate judiciary also referred to the recent data of National Crime Records
Bureau (NCRB) which showed that with the present strength of judicial officers in district courts,
trial in only approximately 13 per cent cases was completed under the IPC during a year. This
clearly shows that the existing strength of judicial officers needs to be enhanced at least seven
times so that trial is completed within a period of one year,” the report said, adding that the “judicial
manpower needs to be augmented manifold to cater to the situation”. The figures compiled in the
annual report till June 30 last year show that the district courts in Gujarat, Bihar and Uttar Pradesh
were the worst affected as they were short of 794, 792 and 624 judges respectively. While the
sanctioned strength of judges in lower courts in Gujarat, Bihar and Uttar Pradesh is 1953, 1825
and 2394 respectively, the number of working judicial officers are only 1159, 1033 and 1770
respectively.

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 PROBLEM FACED BY INDIAN JUDICIARY
The following are some of the shortcomings of the present day Judicial system:

3.1 Procedural hurdles in Access to Justice:

Procedural laws are not merely a body of rules meant for facilitating the dispensation of justice on
substantive questions. It also represents the value choices of the makers of law. What are their
priorities- facilitating access to justice or creating hurdles to access to justice? The answer better
understood by everybody. From institution of a suit to the execution of a decree, it is the onus of
private individuals, not the government. The lacuna is due to the adversarial process of justice
system. Under the said model, there is no duty of the court to ascertain the truth. Adopting an
adversarial system leads to number of hurdles in access to justice, especially procedural hurdles in
access to justice.

As already mentioned, it does not reflect the fundamental policy choices made in the Constitution
of India. Instead it reflects the values chosen by the colonial masters, the British, who were least
interested in the plight of Indians and thus placed several hurdles in access to justice by prescribing
several technicalities. Though the Supreme Court has said that “procedure is hand-maiden to the
substantive rights of the parties”, the practical working of this hand-maiden leads to the perception
that the handmaiden has had her revenge by overpowering the queen, i.e., the substantive laws.
Procedural laws prescribe the procedure for enforcement of substantive laws however procedural
laws have been used, time and again, to defeat substantive rights1.

3.2 Cost of litigation:

(Order IX, R2, R5, Order XVI, R2 of CPC) the most disadvantageous feature of judicial process
is its cost. The costly nature of litigation compels parties to abandon just claims and defenses’. The
cost of litigation consists of court fees, process fees, advocate fees and the principle of the losing
party paying the cost of litigation. This cost system is peculiar to British administration. It was
British who imposed such fees for reducing filing of frivolous claims. The motive for this was
delay and denial of access to the Courts and also to extract money from the people. In independent
India, we followed the same legislation i.e. The Court Fees Act of 1870. Apart from that parties
are required to pay process fees like for filing of plaints, written statements, issuing summons and
issuing copy of judgment and decree. Thus, the access to justice in India depends on the financial
capabilities of the parties that is unconstitutional and encourages inequality between the parties.
Here, ethical count is defeat

1
Lowenfeld is perhaps right when he points out that when we observe procedural laws, “we see not procedural
solutions to substantive problems, but procedural obstacles that may or may not have been installed on purpose.”
Lowenfeld, Andreas F, Elements of Procedure : Are they Separately Portable, American Journal of Comparative
Law, Vol 45, 1997, pg 1

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 3.3 Court fees:

With the institution of the suit, a court fee has to be paid. The costs of and incidents of all suits
shall be in discretion of the Court and the Court has the full authority to determine the extent of
costs2. As per Order IX R 2 of CPC, a suit can be dismissed if the summons has not been served
upon the defendant in consequence of the failure of the plaintiff to pay the Court fee or postal
charges3. Court Fee is a colonial baggage being carried by the Indian Courts till today. The policy
of selling justice is against the constitutional scheme4. When seen in the light of the power
spectrum as elucidated by Prof. Julius Stone in his book5, the aspects of power relations in charging
a fee for rendering justice is all on negative side. Court fee is low on ethical spectrum as it is
against the basic premises of the foundation of a welfare state as envisaged in the Constitution.
Since a multitude of citizens are involved in civil litigation process, the head count component is
quite high and so is the interest affected component as civil cases cover a broad ambit of interests.
The Court fee, being a hurdle in access to justice, has a large degree of influence in discouraging
honest litigants who do not have sufficient financial resources to pay the fee from approaching the
courts. Since the non-payment of court fee can result in dismissal of the suit, it is very high on
coercion band.

3.4 Advocate fees:

A question now arises, what is the need of advocate fees? Perhaps William Shakespeare is correct
when he said, “the first thing we do, let’s kill all the lawyers.”

The money power and influence power comes into play, thus the principle of equality as envisaged
under Article 14 stands violated. The adversarial system does not impose a positive duty on judges
to discover the truth; he merely plays a passive role. However, under Section 57(1) of the Indian
Evidence Act, a judge is presumed to know every law, then he is the best person to discover the
truth, then why at all, he needed the help of advocates?

Advocates are considered to be the officer of the Court under Advocates Act, they are regarded to
assist the Court in the administration of justice. Then why parties are required to pay advocate
fees? It is clear cut violation of Article 14, as the court is required to administer justice without the
aid of advocates. Even if you want advocates then go for public advocates aided and supported by
states. In the process of delivery of justice there is no parity of power. There is need for rethinking

2
Section 35 of CPC
3
A plaintiff is supposed to pay the cost of serving summons. This is another lacuna and a procedural hurdle as it is
the duty of the State to serve summons.
4
As per Article 256 of the Constitution, the executive power of every State shall be so exercised as to ensure
compliance with the laws made by the Parliament and any existing laws which apply in that State. Since it is the
States which have the real contact with the citizens, ensuring compliance with every law is the responsibility of the
State. It is [7] Chapter 13, pg 598-99

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or revamping whole judicial system. Time count is very important to determine the scope of Article
14.

3.5 Selection of judges:

As far as selection of judges is concerned, according to the text of the Constitution, President has
the power to appoint judges, he has discretion to choose and he can consult the Chief Justice of
India as well as senior most judges of Supreme Court in matter of appointment. But the SC in SP
Gupta and others V. Union Of India 6held that consultation by CJI means his consent. If
consultation means consent then the power spectrum shifted from the President to CJI, and it is
entirely wrong interpretation of the Constitution7. What we need is the reformative method of
selection of judges. Advocates should not be allowed to become judges nor should be the practice
any criteria for the selection of judges.

When one has to analyze the law, analyze the constitutionality of law, because every judicial
process is constitutional specific.

6
AIR 1982 SC 149: (1981) 2 SCJ 85
7
Landmark judgments, Universal Law Publishing Co. 2008, P:45

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 A CASE STUDY OF PATNA CITY CIVIL COURT

Fig.1. Image of the premise near Patna civil court

The researcher visited the premises of the Patna city civil and noted the
information regarding following aspects through interview and conversations
by various lawyers of the court:
1. Infrastructure
2. Cleanliness
3. Age group of lawyers
4. Library
5. Conditions of courtrooms
6. Flooding and drinking facility available in the courts
7. Corruption
8. Parking
9. More number of cases (civil or criminal)
10. No of judges in Patna city civil courts
11. Pending cases
12. Problems faced by litigants

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4.1 Section 49(1) (gg) of the Advocates Act, 1961
In India, the Advocate’s Act 1961 makes it mandatory for advocates appearing in the supreme
court., high courts, subordinate courts, tribunals or authorities to wear a dress that is sober and
dignified.

Section 49(1) (gg) of the Advocates Act, 1961, prescribe the same dress for all the advocates
irrespective of the designation. It says:

“Chapter IV Form of dress or robes to be worn by advocates [Rule under Section 49(1) (gg) of the
Act1]

Advocates, appearing in the Supreme Court, High Court, subordinate courts, tribunals or
authorities shall wear the following as part of their dress which shall be sober and dignified;

Advocates other than lady advocates:

1. (a) a black buttoned-up coat, chapkan, achkan, black sherwani and white bands with advocate’s
gown, or

(b) a black open breast coat, white collar, stiff or soft, and white bands with advocates’ gowns.

In either case long trousers (white, black, striped or grey) or dhoti.

Coming to what lawyers feel about it?

The lawyers lend seriousness to their identity and provides a unique visual character to their
professional image. It helps to build credibility and command respect from the clients and society.
Wearing a dress creates a sense of discipline among lawyers and gives them the confidence to fight
for justice.

As one of the colleague said- “I get a feeling of being an upholder of rights and justice once I put
on the coat. It gives me a sense of power. Also it reflects on my status as a qualified person who
is capable of handling a complicated legal issue”. “It is a uniform that conveys the message of
authority, knowledge, meticulousness and steadiness”, added another lawyer who has been
practicing for six years. “Black colour is a symbol of the dignity, honour, wisdom and justice and
these are the values which any lawyer or the judge has to keep up with. One cannot wear a tee shirt
and a jean and come to this temple of justice. You need to maintain the grace and the dignity of
the profession.

The Black robe or coat has a symbolic value, and today, corporate sector is also promoting the
concept of power dressing for its employee so why not you maintain the same trend in the courts
too”. His colleague remarked, “Appearance plays an important role in gaining success in today’s
world. It is not just about looking good; it’s about looking the part of this great system”. Around
half of the respondents were of the opinion that the black coat is now the universal symbol of legal

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profession. “Law is associated with nobility, justice and peace, and to maintain that one has to take
all steps”, says a senior advocate.

“Wearing nearly identical black robes is a way of showing that all the judges are bound equally in
their duty to uphold the law and justice. The simplicity of their attire also symbolizes that the
judges' and lawyers’ are neutral and humble people and need to work as servants of the people”.

What others feel about it?

Most of the people are of the view that the black coat tends to breed an exaggerated sense of power,
intimidation, mystification, alienation, exclusion and coercion. “The dress instills fear in the minds
of people and creates a distance between the people from the lawyers. It hinders the concept of
making judiciary people-oriented or people friendly”, says a professor.

“The lawyers are the first contact for citizens who need to access justice, and creating such uniform
codes alienates them from the common people”.

Justice Chandrasekhar Dharmadhikari, a retired chief justice of Maharashtra in his speeches often
says that the language of the courts in India is foreign, the laws are imported, and the dress is not
ours. “Not having a dress code can jeopardise the court's dignity,” he observed. “But it should be
in tune with our circumstances and psyche”, he added.

While addressing the convocation in Bhopal, the former environment Minister Mr Jairam Ramesh
called the practice of wearing a traditional gown as barbaric and colonial.

4.2 Infrastructure

Fig 2. An image of premise just outside Civil Court under Gaighat Bridge

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After the infrastructural study of Patna city civil court, the researcher came to deduct that the
infrastructure of the Patna city civil court is not up to the mark. Lawyers sit under the bridges and
deal with their clients. Despite advocacy being a legal profession lawyers of Patna city civil court
are devoid of basic infrastructural facility which should be given to them. They are facing
scorching heat and bad smell because of absence of cleanliness around its premises.

Fig 3.An image of typewriter under Gaighat bridge

Outside, it is not less than a crowded place full of typewriters, lawyers, and some commoners
looking for a good lawyer in this crowd. There are number of clients and lawyers along with
typewriters can be seen working here. Affidavits are made here. All sat and work under the bridge.

4.3 Court Room of Patna City Civil Court

The courtroom of a Patna city civil court, was quite dark and dingy. It was suffocating and fans
and wiring was not in a good condition.

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 Fig 3. An inside image of Patna civil court

4.4 Age group of lawyers working in Patna city civil court

Fig 4. An inside premise photo of Patna civil court

The researcher came to conclude that on an estimate after visit to Patna city civil court:

• Maximum number of lawyers between age group of 30-45 yrs. can be seen working and
practicing in Patna city civil court.

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 • There were less lawyers ranging from 24- 29 years… Some senior advocates ranging from
46- 60 years can also be seen in Patna city civil court.

4.5 Fooding facility near Patna city civil court

Fig 5. Only flooding facility near Patna city civil court

Though there are some more flooding facilities available some distance away from the premises
of Patna city civil court but are really unhygienic in quality

Fig 6. Drinking facility in Patna civil court

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There was availability of safe water for drinking in Patna city civil court, though there was
absence of cleanliness around its premises.

4.6 Cleanliness and outside parking:

There was absence of cleanliness and hygiene in and around the premises of the Patna city civil

court.

Fig 7. Outside parking image facility

4.7 Which cases are more in number (civil or criminal)

After talking to several lawyers of Patna city civil court it can be deducted that it is 60:40 in
favour of criminal cases. However, several lawyers argued that

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 Field work and data analysis

Fig 8. Images of interaction with lawyers

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INTERVIEW 1
SECTION A:
Place: Patna City Civil Name: Mr. Mohit Kumar
Court Age: 53
Date: 05/10/17 Qualification: LLB Hons.
Profession: Advocate
Time: 03:00 P.M Work Place: Patna Civil Court & High
Court
Experience: 29 Years

SECTION B:

1. What are your views regarding the infrastructural facility of Patna city civil court?
The present infrastructure of this court is not up to the mark and there is no cleanliness near
its premises. We sat under the bride and its been 28 yrs. working here and still no
improvement. Government must look into this.

2. What according to you are the average estimated age group of lawyers in Patna city

civil court?
30- 45 years.

3. What are the approximate number of judges in Patna city civil court?
Nearly 30 judges.

4. What measure can be taken to enhance basic facilities of Patna city civil court?

It can only be ended by the joint efforts of governments as well as members of the society.

5. Do you think provisions like planning court rooms, libraries, record rooms fruitful?
Yes, these provisions are really fruitful as it would lead to transparency and stability in

judicial process.

7. which type of case are filed in more proportion than other one?
It is quite difficult for me to say but according to me criminal cases are more in numbers
than civil cases.

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INTERVIEW 2:

SECTION A:
Place: Patna City Civil Name: Mr. Sanjeev Kumar
Court Age: 28
Date: 06/10/17 Qualification: LLB
Profession: Advocate
Time: 02:00 P.M Work Place: Patna Civil Court & High
Court
Experience:

SECTION B:
1. What are your views on Patna city civil court?
According to me hygiene and cleanliness around the premises of Patna city civil court
needs to be improved.
2. Are you satisfied with the security provided?
Yes, I am satisfied with the security. There are adequate number of police forces available
throughout the day.
3. What are your views on rule 49(1) gg of BCI?
It says: “Chapter IV Form of dress or robes to be worn by advocates [Rule under Section
49(1) (gg) of the Act1]
Advocates, appearing in the Supreme Court, High Court, subordinate courts, tribunals or
authorities shall wear the following as part of their dress which shall be sober and dignified.
Advocates other than lady advocates:
1. (a) a black buttoned-up coat, chapkan, achkan, black sherwani and white bands with
advocate’s gown, or
(b) a black open breast coat, white collar, stiff or soft, and white bands with advocates’
gowns.
In either case long trousers (white, black, striped or grey) or dhoti.
4. How is life in Patna city civil court?
It is hard earned and requires a lot of hardwork and knowledge to survive with the
increasing number of judges hence competition.
5. At what time do judges go or the court proceedings ends for that day?
Around 3:30 pm, the usual court proceedings for the day ends.

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INTERVIEW 3:

SECTION A:
Place: Patna City Civil Name: Mr. Pradeep Kumar
Court Age: 54
Date: 07/10/17 Qualification: LLB Hons.
Profession: Advocate
Time: 01:00 P.M Work Place: Patna Civil Court & High
Court
Experience:

SECTION B:

1. what are your views regarding the improvements needed to be done in Patna city
civil court?
Common things like uniformity in court hours, basic facility for litigants, proper case
management and adequate number of judges are required.
2. Do you think there are adequate number of judges in Patna city civil court?
No, definitely there are not adequate number of judges with respect to the heap of cases
pending.
3. What other facilities do you suggest to be added in this court?
There must be planning court rooms, more developed infrastructure, record rooms, and
libraries.
4. Are you satisfied with the government support?
No, I am not satisfied with the government support. As government should look into further
development of this court
5. What are the problems faced by litigants?
Firstly, complex court procedure, court fees, delay in decisions etc. are some of the
common problems faced by litigants.

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INTERVIEW 4:

SECTION A:
Place: Patna City Civil Name: Mr. Suraj Kumar
Court Age: 35
Date: 04/10/17 Qualification: B.A.LLB
Profession: Advocate
Time: 12:00 P.M Work Place: Patna Civil Court & High
Court
Experience: 10 Years

SECTION B:

1. What are the conditions of courtrooms?

As of now they are not in good state. They are like dark rooms and suffocating in nature.
Fans had become old and doesn’t provide air.
2. Do you think judges of Patna city civil court has enough time to dispose off pending
cases?
No, definitely not. There is already paucity of judges with respect to the cases.
3. Do you think that there is proper flooding and drinking facilities for lawyers outside
the court premises?
No, I don’t think so as there is availability of tea and water in the court itself but there is
need of hygienic food and cleanliness around the court premises.
4. What is the status of security in this court?
There is no lag or lack when it comes to security.

5. What measure can be taken for the overall development of this court?
Common things like uniformity in court hours, basic facility for litigants, proper case
management and adequate number of judges are required.
6. what are the approximate number of judges in Patna city civil court?
30-32 maybe.

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DATA ANALYSIS
Table 1: Statistical Report for Pendency of Cases in The 1st Quarter of The Year 2017

Courts Civil Cases Criminal Cases Sessions Cases Total

Patna Sadar 20988 80464 17297 118749

Patna City 4302 33279 3170 40751
Danapur 3281 29105 5341 37727
Barh 2951 17713 5058 25722
Masaurhi 139 5366 - 5505
Paliganj 651 - - 651

Vacancies of judges

With about 30 million cases pending in various courts across the country, Indian judiciary is
struggling to clear a huge backlog. If on an average three persons are involved in a case, then there
are at least 90 million people waiting for justice. Bulk of these cases is pending in subordinate
courts thronged by poor litigants — who bear the brunt of the snail-paced system. Bulk of these
cases is pending in subordinate courts thronged by poor litigants – who bear the brunt of the snail-
paced system.

Of late, the problem has been compounded by the unprecedented increase in judicial vacancies
across the three tiers of Judiciary.

Official figures show, the SC is short of five judges, 24 HCs have 464 vacant judges post and 4,166
at the subordinate courts. Two more SC judges are due to retire this month.

Appointment to the Supreme Court and high courts are done by a collegium of the top court. But
judges in the subordinate courts are appointed by the state high court.

The stand-off between the government and the Supreme Court collegium over a memorandum of
procedure has made things worse for judicial appointments in the higher judiciary.

Noted senior advocate and former Law Commission member KTS Tusli told HT that the tussle
between the government and the Supreme Court has “adversely affected the efficiency of the
judiciary”.

“The arrears are mounting and new appointments are not being made,” Tusli said. While the
judiciary has been targeting the government over appointment of judges in the Supreme Court and
high courts, it could well be held responsible for the huge vacancy of subordinate court judges.

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 Fig 9. Clipping of data taken from net showing current and sanctioned strength

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 CONCLUSION AND SUGGESTIONS
After the research, the researcher has come to the following conclusions and suggestions…

In today’s era, it becomes crystal clear that our judicial process is on the verge of total collapse.
The adversarial system which Indian legal system follows has failed to answer the test of Article
14 read with Article 256 as it is required party must do everything from paying court fees to execute
the decree which actually is the task of the state. Constitution is the supreme law of the land
governing conduct of government and semi-governmental institutions and their affairs.

In ancient India king is the fountain head of justice. Sage Yajnavalkaya declared that “the king,
divested of anger and avarice, and associated with the learned should investigate judicial
proceedings conformably to the sacred code of laws”. In ancient India, legal procedure is governed
by the principles of Rajadharma. All the Dharmas merged into the philosophy of ‘Rajadharma’
and it was paramount Dharma. It is a classic example of trans-personalized power system. The
adversarial system lacks dynamism because it has no lofty ideal to inspire. It has not been entrusted
with a positive duty to discover the truth in the inquisitorial system. When the investigation is
perfunctory and ineffective. Judges seldom take any initiative to remedy the situation. During the
trial, the judges do not bother if relevant evidence is not produced and passive role as they don’t
have any duty to search for the truth. As the prosecution has to prove the case beyond reasonable
doubt, the system appears to be skewed in favour of the accused. It is therefore, necessary to
strengthen the adversarial system by adopting with suitable modifications some of the good and
useful features of the inquisitorial system.

1. Court fees to be abolished:

The purpose of justice is delivering the promise of law and hence the role of state is not merely
limited to establish the judicial institutions but also to fulfil the expectations of the people which
they attached to the state while conferring role and seat of power. To charge fees for justice is like
sealing the promise of law and flouting the constitutional duty of state to provide justice to the
people at their door step, merely laying down the foundations of judicial shops and washing their
hands of from the process of justice delivery is not warranted on the part of the state. To get revenue
for the enforcement of rights and to charge it in rigorous ways, failure to pay would entail the
justice not access able to because one cannot afford it in terms of money, is the misery and apathy,
the courts in India are continuing with. The proper course would be abolition of court fee because
it seriously undermines the parity of power principles as it places the richer one in advantageous
position which offends the spirit of Constitutional goals.

2. Selection of Judges:

CJI committed blunder when in one of the most controversial case he held that consultation by CJI
means his consent. Here, by this observation the power of President is reduced to zero and whole

30 | P a g e
spectrum of power given under the constitution is disturbed. The judges should be appointed by
President only with the consultation of CJI and not by his consent.

Moreover, the provision of advocates becoming judges after certain required years of practice
should be abolished. Judges and advocates are different profession and they should not be
intermingled. There should not be any mutual appreciation of society.

3. Adversarial system to be abolished:

The present adversarial system should be abolished and replaced with inquisitorial system of
justice. Judicial process is essentially deductive reasoning and it is to tell authoritatively what law
is. The judge should take judicial notice of all the law. The judge is to investigate the case before
him, by approximating ‘is’ to the ‘ought’, after the parties present their case.

By virtue of Article 14 r/w 256, there should be an affirmative action by the policy implementing
organ. It should protect the citizen with their affirmative action, just like the ancient Indian system.
The present Indian legal system is continuing the colonial legacy where the ends justify the means,
but since now, we are living under the umbrella of a controlling Constitution, the means should
justify the ends.

4. Judges should not have any immunity:

The judges should not have any immunity because the functions of a judge are twofold; the judicial
function is only to state authoritatively what law is. All others are administrative functions. The
fundamental law is the Constitution and it is the only supreme authority. If judges committed any
negligence or there is dereliction of duty on their part, then such judges should be punished under
Section 166 of the IPC because they are the public officers and hence liable for punishment for
negligence of duty. According to Rajadharma principles, the king himself is liable to be punished
for an offence, one thousand times more penalty than what would be inflicted on an ordinary
citizen. Perhaps, it is high time that this principle is getting working especially as under the
Constitution none is above the law and there is no immunity for crime. If judges of the Superior
Court in China and Japan can be prosecuted and punished for violations of law, why not in India
which has a basic structure command to ensure equal subjection of all to the law.

5. Delays should be avoided:

The delays in our legal system are well known. There 30 million cases pending in various Courts.
The average time span for dispute to be resolved through the court system is about 20 years.
Litigation has become a convenient method for avoiding prompt retribution by many people on
the wrong side of law. The Bible says that the path to hell is paved with good intention. The legal
system is meant to punish the criminal and to protect the law abiding citizens. Many a time, the
criminal exploits the legal process itself to escape punishment.

6. No presumption should be raised in favour of anyone:

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The presumption is always in the favour of constitutionality of statute, and it is a gross
misapplication of a justice as it tends to presume the preponderance of power in favour of one
party and tilts the balance unjustly. This totally upset the balance of parity of power, which is
ensured through the guarantee of “equal protection of laws” under Article 14 as well as Article 13
(2) and (3) of the Constitution, respectively. The burden of justifying the constitutional validity of
the law as well as the fact that the state action was in accordance with such law should be on the
state, and not on the person who challenges its constitutional validity. Asking the injured party to
prove the wrong or injury suffered destroyed the guarantee of equal protection of laws. Such an
opinion of the part of court is extremely low on the ethical count of the power spectrum.

7. Accountability of Judges:

In India, the judiciary is separate and independent organ of the state. The legislature and the
executive are not allowed by the constitution to interference in the functioning of the judiciary.
The functioning of the judiciary is independent but it doesn’t mean that it is not accountable to
anyone. In a democracy the power lies with the people. The judiciary must concern with this fact
while functioning. The high courts have the power of control over the subordinate courts under
article 235 of the constitution of India. The high courts have the power of control over the
subordinate courts under Article 235 of the Constitution of India. The SC has no such power over
High court. The CJ of High courts/ India have no power to control or make accountable other
judges of the Court.

Suggestion:
Increase in judge’s strength and judicial manpower planning and Enforcement of all india judicial
services.

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 BIBLIOGRAPHY
References:

[1]. https://www.thebetterindia.com/52075/animal-welfare-cruelty-law-court-judgements/
[2]. http://www.esamskriti.com/e/Culture/Indian-Culture/Animals-In-Indian-Culture-Create-
An--colon-Inclusive-Universe-colon--1.aspx
[3]. http://www.walkthroughindia.com/wildlife/the-5-holy-animals-of-india
[4]. www.thehindu.com/news/national/Jallikattu-verdict...cases.../article17078720.ece
[5]. http://lawnn.com/the-animal-protection-laws-and-rights-in-india-legal-acts-provisions/
[6]. https://en.wikipedia.org/wiki/Animal_welfare_and_rights_in_India
[7]. www.conservationindia.org/.../the-legal-framework-for-wildlife-conservation-in-india.
[8]. worldanimal.net/world...chart/.../383-animal-protection-in-the-constitution-of-india
[9]. https://www.thebetterindia.com/.../humane-society-india-animal-laws-prevention-of-cr...
[10]. https://en.wikipedia.org/.../Prevention_of_Animal_Cruelty_and_Provision_of_Animal

Books and reports:

[1]. Cruelty to Animals: Protection Dynamism in Indian Legal System by Nikhil Yadav
[2]. Animal rights and Human Mortality by Bernard E. Rollin.
[3]. Granting Animals rights under the constitution: A misplaced Approach? An analysis in
light of animal welfare board of India V.A. Nagaraja, by jessamine Therese Mathew and
Ira chadda Sridhar.
[4]. Elizabeth Deviney, “The Care of Pets Within Child Abusing Families”, IV International
Journal for the Study of Animal Problems.
[5]. Uday Shankar, Do Animals Have a Right Under Article 21 of the Constitution of India? –
Comment on Animal Welfare Board of India Case,

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