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This project would not have been completed without the guidance of our ECONOMICS teacher Mrs. Shivani Mohan. She guided me throughout the project. I would also like to acknowledge her hard work and thank her for her help. I am also grateful to our librarian for helping me with appropriate materials dealing with my topic-Indias First Mobile Court. Special thanks to my friends and family for making the project an easy journey for me.
Therefore would like to thank each and everyone associated with this project
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3. CHAPTER 2 : ALL ABOUT FIRST MOBILE COURT IN INDIA...8 I. II. III. WHAT ARE THE OTHER REMEDIES BROUGHT IN INDIA TO BRING ABOUT SPEEDY JUSTICE?.................................................................................8 VISION OF THE LAW COMMISSION TO DISPOSE OFF CASES ON A FAST RATE...9 TWENTY SECOND REPORT ON THE GRAM NYAYALAYAS BILL, 2007....11
6. CHAPTER 5 : CONCLUSION..16 I. VIEWING THE FUTURE.16 II. RESULT OF FORMATION OF MOBILE COURTS..16 7. BIBLIOGRAPHY ...17
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file:///C:/Users/Shreya/Documents/3rd%20sem%20projects/eco/The%20Hindu%20%20%20Other%20States%20% 20%20Haryana%20News%20%20%20India%E2%80%99s%20first%20mobile%20court%20inaugurated.htm
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STREAMLINING/RE-ENGINEERING FOLLOWED
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http://www.indialawjournal.com/volume2/issue_4/article_by_hanmantha.html The Times of India, New Delhi Monday August 17, 2009.
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http://www.dnaindia.com/india/report_pendency-of-cases-are-gigantic-problems-sc-judge_1264662 http://www.legalserviceindia.com/article/l452-Litigation-&-Delays-in-India.html
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India s First Mobile Court.. CHAPTER 2 ALL ABOUT FIRST MOBILE COURT IN INDIA
WHAT ARE THE OTHER REMEDIES BROUGHT IN INDIA TO BRING ABOUT SPEEDY JUSTICE? Litigation through the courts and tribunals established by the State is one way of resolving the dispute which is an adversarial method of dispute resolution which leads to win-lose situation whereas in Alternative Disputes Resolution what is tried to be achieved is win-win situation for both the parties to the case. There is nobody who is loser and both parties feel satisfied at the end of the day. The ADR mechanisms include arbitration, negotiation, mediation and conciliation. Section 89 of the Code of Civil Procedure has been amended w.e.f. 1-7-2002 with a view to bring alternative systems into the mainstream. The challenge that we are facing today is bringing about awareness among the people about the utility of ADR and simultaneously developing personnel who will be able to use ADR methods effectively with integrity. This will not only provide speedy and inexpensive justice and reduce litigation, but will also bring peace and harmony in the society. Corporate entities & establishments are already reaping the benefits of ADRs, but its high time these ADRs are introduced in day-2-day litigation as well Fast Track Courts Fast Track courts have proved their mettle, & their importance cannot be emphasized enough, on the recommendation of the 11th Finance Commission, 1734 Fast Track Courts of Sessions Judges were sanctioned for disposal of old pending cases and the said scheme was to end on 313-2005. Out of 18,92,583 cases, 10,99,828 have been disposed of by these courts. Keeping in view the performance of Fast Track Courts and contribution made by them towards clearing the backlog, the scheme has been extended till 31-3-2010. In view of the contribution made by the Fast Track Courts of Sessions Judges towards clearing of backlog, and number of huge pendency of cases triable by Magisterial Courts being 1,66,77,657 as on 31-12-2006, there is an urgent need to formulate a similar scheme for setting up of Fast Track Courts of Magistrates in each State and Union Territory. Mobile courts Mobile courts that help taking justice to the door-step of the rural would significantly help in fighting the backlog, Mobile courts are also being set up which would not only educate the rural folk about their rights and responsibilities and provide swift justice and create a feeling of law and judiciary being very close to them, but will also help de-clog the expanding docket of our overburdened courts. Lok Adalats In order to achieve the objective enshrined in Article 39 A of the Constitution of India, the Legal Services Authorities Act, 1987 was enacted to provide free and competent legal service to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. To achieve that objective, Lok Adalats
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http://lawcommissionofindia.nic.in/old_reports/rpt120.pdf
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Presented to the rajya sabha on 6th september, 2007, the members of the law commission discussed the setting up of the institutions which could dispose off the cases at a fast rate. Mobile Courts (in the following recommendations the committee has spoken about mobile courts) 12.20. The Secretary, Legislative Department while deposing on the Bill, stated that the concept of mobile court is being experienced in Brazil, Venezuela, Mexico and Philippines to bring justice closer to the people, especially marginalized section of our society, the poor and the under-privileged. In Philippines, it is known as justice on wheel. They hold the court in a big van which accommodates the judicial officer along with the staff. But, we have not followed that concept here and have put it at headquarters at Panchayat Samiti level though a beginning has been made in Haryana very recently. 12.21. The Committee is of the opinion that inorder to ensure participatory system of justice, expeditious disposal of disputes and access to justice at grass root level, mobile courts is a good mechanism. It is of the view that mobile courts would be the best method to ensure delivery of justice at the doorstep. Therefore, the Committee recommends that the Gram Nyayalayas shall be Mobile Courts. 12.22. The Committee could gather that the Government had extended the term of Fast Track Courts at the District level up to 31st March, 2010 and that a sum of Rs. 509 crore had been provided for this programme. It notes that its success rate has been commendable. Therefore, it recommends that the Government should take a cue from this and establish Gram Nyayalayas in the same line as Fast Track Courts. 12.23. Clause 6(2) of the Bill provides that while appointing a Nyayadhikari, representation shall be given, as far as practicable, to the members of the Scheduled Castes and Scheduled Tribes, women and any other classes or communities as may be specified by the State Government from time to time. 12.24. The Committee apprehends that the phrase as far as practicable will dilute the enforceability of reservation and therefore, recommends that reservation should be made mandatory as per policy of the government.
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India s First Mobile Court.. CHAPTER 4 - RELATION OF THE TOPIC WITH ECONOMICS
We can relate the topic with economics by comparing the want of speedy trial as demand and the possible court trials that take place in a limited amount of time as supply Clearly, the demand in the country of India is quite high compared to the supply of the litigation. As a result there is a lot of pending litigations in our country. The delays that occur in judicial decision-making are a well-known fact. With pending cases on the rise, the introduction of mobile courts should be welcomed. This move would quicken the process of providing justice to the common man. What needs to be watched is effective regulation. The Indian legal systems grievance redress mechanism has been faltering over the last few years. The launching of mobile court should be welcomed. But these alone will not suffice. To enable India become corruption-free, the entire legal system needs to be reformed. While the launching of a mobile court in Haryana is a good start, many more such courts should become operational in the near future. The initiative is certainly laudable. If it has taken 14 long years for judgment to be pronounced in as important a case as the Mumbai bomb blasts, one can well imagine the plight of the innumerable trivial cases. We can very well gauge the condition as the demand certainly is not met by the supply; no equilibrium is established where the producer and consumer both could be satisfied. With cases at all levels mounting, the Government must look for ways to bring them down to manageable proportions. The legal recourse is a necessity, so that makes the demand inelastic. But if the government introduces quick means to dispose of cases then the public can be better satisfied and the demand would become somewhat elastic. If the system is followed strictly it would ease the burden on the higher courts. Let us hope the mobile courts are a success. With the aim of making the judicial system accessible to people across the country, Indias first mobile court was launched in Haryana. BENEFITS OF ESTABLISHING MOBILE COURTS It would create greater awareness about the judicial system among the rural masses, cut costs for them and render justice at their doorsteps. The consumers can become more aware about the legal system operating in our country and in turn it would help develop our country better where all the consumers are aware about their rights and duties. It could also reduce the number of appeals and bring about transparency. Steps should be taken for setting up mobile courts across the country.
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