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In Mumbai, a son’s pursuit of justice underscores the immense challenges of India’s strained judicial system. Sanjay Goel, a resident of Vancouver, has returned to India multiple times since the murder of his mother, Dr. Asha Goel, a Canadian citizen, in 2003. Despite possessing significant evidence against the alleged killers, which includes a confession and conclusive DNA analysis, the judicial process has advanced at an agonizingly slow pace.
India’s court system is currently overwhelmed, with over 54 million cases pending. This staggering figure encompasses both criminal and civil disputes, creating a climate of despair among victims and legal professionals. Families, like that of Goel, have endured countless court hearings. They are confronted with the painful reality of witnesses passing away and others becoming too frail to testify. Goel expressed this frustration by stating, “It feels like Groundhog Day“—a relentless cycle of unfulfilled justice.
The scale of the crisis
The backlog of pending cases in India is significant, particularly in a country with a population exceeding 1.4 billion. Official statistics indicate that the number of unresolved cases has doubled over the past decade, with over 5.5 million lawsuits remaining open for more than ten years. In an illustrative case from, India’s oldest unresolved case, dating back to 1948, was dismissed—not through resolution, but because no party attended the hearing.
Experts highlight that the influx of new cases greatly exceeds the judicial system’s ability to handle them. If current trends continue, it may take centuries to resolve the existing backlog. This situation raises concerns about the prioritization of these delays by authorities. Retired Supreme Court judge Madan Lokur noted that \”no serious attempts\” have been made to address this urgent issue.
Limitations of the judicial system
The rigid and outdated framework of India’s judicial system, a legacy of colonial rule, significantly contributes to the backlog of cases. Legal processes heavily rely on oral arguments and detailed written submissions, often reiterating the same points. Additionally, many witness testimonies are handwritten, complicating matters as court stenographers struggle to keep pace. These inefficiencies exacerbate the delays faced by families, such as the Goels.
In response to this growing crisis, the Supreme Court has announced plans to limit oral arguments to 15 minutes by 2026. This change aims to streamline proceedings. However, experts like former judge Madan B. Lokur emphasize that such reforms will only be effective if lawyers actively cooperate and adapt to the new guidelines.
The human cost of delays
Individuals caught in complex legal proceedings often face devastating consequences. Activist Sudhir Dhawale spent over six years in jail, including two years in solitary confinement, while awaiting the resolution of his case related to caste violence. His experience highlights the toll that a sluggish judicial process takes on the human psyche, as people feel trapped in a system that appears indifferent to their suffering.
Dhawale’s situation also illustrates the magnitude of the judicial backlog. His charge sheet comprised an astonishing 25,000 pages, with over 350 witnesses involved. Although he was granted bail due to significant delays affecting his right to a speedy trial, he remains in limbo, still waiting for a trial date nearly a year later.
Challenges in judicial staffing
The judicial system in India faces significant challenges due to a critical shortage of judges. Currently, India has approximately 15 judges for every million citizens, in stark contrast to Canada, which has about 65 per million. In many high courts, the vacancy rate is around 40 percent, leading to frequent delays in appointing new judges. Consequently, the backlog of cases continues to increase.
Additionally, many cases that should not burden the judiciary, such as minor disputes over bounced cheques, exacerbate the congestion in courts. In Canada, these matters are usually settled with financial penalties. However, in India, they can result in criminal charges and imprisonment. Former Justice Madan B. Lokur estimated that nearly 1,000 bounced cheque cases were filed daily in Delhi alone.
Potential solutions
Addressing these challenges requires innovative approaches. Some legal professionals, including Gautam Patel, advocate for outsourcing administrative tasks to management specialists. This strategy aims to alleviate the burden on judges and streamline court processes. Furthermore, advancements in technology, particularly artificial intelligence, are being explored as potential aids in enhancing the efficiency of court proceedings.
For families like the Goels, however, these systemic changes may come too late. Sanjay Goel continues to fight for justice amid a paralyzed system, reflecting on the emotional toll this struggle has taken on his family. Despite feeling fortunate to have the resources to pursue justice, he grapples with the reality of his aging father, who waits in solitude.
In a recent statement, an individual emphasized, “I made a promise and I need to fulfill that promise, as best I can.” The pursuit of justice in India presents significant challenges, extending well beyond the courtroom.