Team Blitz India
CHIEF Justice of India DY Chandrachud has flagged concern over the fact that the principle of ‘bail is the rule, and jail is the exception’ has been losing ground in district courts in the country.
In his inaugural address at the AllIndia District Judges Conference at Kachchh, Gujarat, the CJI said, “The longstanding principle that ‘bail is the rule, jail is the exception’ seems to be losing ground, as evidenced by the growing number of cases reaching High Courts and the Supreme Court.”
This trend, he said, warrants a thorough re-evaluation and asked the district judges present at the conference to reflect as to why this trend is emerging across the country.
DY Chandrachud Chief Justice of India
Primary interface
Stating that the district judiciary serves as the primary interface between the justice system and the local communities it serves, the CJI said, “…the district judiciary needs to constantly reflect and evolve its working, so that the faith of citizens is maintained.”
Referring to the common citizen’s perception that the “adjournment has become a part of the judicial system,” he said, “This perception is disheartening, as adjournments, which were never intended to be commonplace, have now become normalised within the judicial process.”
Asking the district judges to be conscious of this fact, the CJI said that even one adjournment might look like a routine affair, it can have severe ramifications for the litigants.
CJI Chandrachud cited the instance of a farmer entangled in a property dispute – a scenario all too common. Often, the outcome of the legal battle never comes to light during the farmer’s lifetime. He said the burden falls upon their legal heirs, who find themselves embroiled in protracted legal proceedings long after their loved one’s passing.
Gender stereotypes
Referring to the usage of the outdated gender stereotypes in district courts’ judgments, the CJI said: “Often judgments coming from district court use gender stereotypes and our district courts must use caution in this and judgments like this perpetuate biases and marginalise women within the legal system.”
Underling that nothing is impossible if all of us work together to find effective solutions and in this collective endeavour, the district judiciary plays a crucial role, the CJI said: “Each one of us, individually and collectively, has volumes to learn from various perspectives and, most importantly, from each other.”
