Budget Session – 3rd Session of WEDNESDAY, 11th MARCH 2020

INDEX

S.No. Question Question Date Subject Division Page No. Type Nos. 1. Question Starred 11.03.2020 Engagement of Justice.II 2-7 No.258 Consultants 2. Question Unstarred 11.03.2020 Posts of Judges vacant NM 8-9 No.2764 in High Court 3. Question Unstarred 11.03.2020 Village Courts JR 10-13 No.2770 4. Question Unstarred 11.03.2020 Pending Court Cases NM 14-15 No.2783 5. Question Unstarred 11.03.2020 Indian Judicial Service NM 16-18 No.2790 6. Question Unstarred 11.03.2020 Delay in justice NM 19-24 No.2791 7. Question Unstarred 11.03.2020 Special Court to deal Justice.II 25-27 No.2856 with Crime against Women 8. Question Unstarred 11.03.2020 Use of Local Language Justice.I 28 No.2860 in Courts 9. Question Unstarred 11.03.2020 Infrastructure Facility in JR Desk 29-30 No.2909 Judiciary 10. Question Unstarred 11.03.2020 Affordable Justice NM 31-33 No.2916 11. Question Unstarred 11.03.2020 Free and Prompt A2J/LAP 34-35 No.2925 Justice 12. Question Unstarred 11.03.2020 Committee for Judicial NM 36-39 No.2948 Reforms 13. Question Unstarred 11.03.2020 High Court Benches in Appointment 40-41 No.2953 UP Division 14. Question Unstarred 11.03.2020 Speedy Justice A2J/LAP 42-43 No.2970

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,.... GOVE~MENT OF MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

STARRED QUESTION NO. *258

TO BE ANSWERED ON WEDNESDAY, THE 11th March, 2020

Engagement of Consultants

*258. SHRI GAUTHAM SIGAMANI PON: SHRI DHANUSH M. KUMAR:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Government proposes to engage Senior Consultants and Consultants on contractual basis for the scheme relating to setting up of 1023 Fast Track Special Courts for speedy disposal of rape and POCSO cases and if so, the details thereof;

(b)the criteria fixed by the Government for appointment as Consultants and their nature of duties;

(c) the number of candidates shortlisted and appointed so far;

(d)the period for which they will be engaged and the amount of remuneration proposed to be paid to them;

(e)whether the Union Government has requested all the State Governments to open Fast Track Special Courts for speedy disposal of rape and POCSO cases and if so, number of States that have set up such Fast Track Courts; and

(f) the other steps taken by the Government for speedy disposal of rape cases pending in various courts in the country?

1 ~. •

4'"

ANSWER MINISTER OF LAW & JUSTICE, COMMUNICATIQNS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRl RAVI SHANKAR PRASAD)

(a) to (f): A statement is laid on the Table of the House. ***

2 • STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (0 OF LOK SABHA STARRED QUESTION NO. 258 FOR 1fT." MARCH. 2020.

(a)to(d): The Government proposes to engage two number of Professional Consultants for monitoring the scheme for setting up of 1023 Fast Track Special Courts (FTSC) across the country. These Consultants should be Law Graduates, having good analytical and communications skills with 5-8 years experience in the legal field for the 'position of Sf. Consultant, and 3-5 years experience for the position of Consultant. The proposed remuneration per month is in the range of Rs.I, 00,000 - 1, 25,000 for Sr. Consultant and Rs. 80,000-1, 00,000 for the position of Consultant. The term of Consultants will be co-terminus with the scheme of FTSC. The advertisement for these positions was published through DAVP in newspapers on 13.02.2020 followed by uploading on the website of

Department of Justice. Applications were to be received online upto 5th March 2020. After following all laid down codal formalities, these two consultants would be engaged.

For proper planning, coordination and monitoring of the above scheme, these two Consultants would undertake regular activities for obtaining data in prescribed formats from concerned High Courts, compile, analyze and evaluate them besides making various reports and appraisals recommending areas needing interventions; conduct inspections; organizing training and outreach campaign etc.

(e): The proposal of Union of India for setting up of 1800 Fast Track Courts (FTCs) during 2015-2020 for dealing specific natured cases of heinous nature, women, children, senior citizens, other vulnerable sections of society and civil cases pending for 5 years had been endorsed by the 14th Finance Commission. The Commission had urged State Governments to utilize enhanced fiscal space available through tax devolution (32% to 42%) for the above. Union Government

3 _5 , • has also asked states to set up requisite number ofFTCs. There are' 828 numbers of such FTCs functioning in the country as on 31st Dec, 2019 as, per information received from High Courts. In furtherance of The Criminal Law (Amendment) Act, 2018, taking special efforts, the Union Government has finalized a new scheme of FTSC for speedy trial and disposal of cases related to rape and POCSO act and communicated state Governments and Union Territory administrations to open up FTSCs including exclusive POCSO courts in Sep 2019. After receipt of consent from the State Governments/ UTs, first installment of central share of funds have so far been released to 27 States/UTs for setting up of 649 FTSCs including 363 exclusive POCSO courts. As per information received from High Courts, 195 su,:h courts have been established, the details of which are given at Annexure-I.

(f): Disposal of cases in courts is within the domain of the judiciary. The Union Government is committed to speedy disposal of cases and reduction in pendency of cases. The National Mission for Justice Delivery and Legal Reforms has adopted many strategic initiatives, including improving infrastructure [court halls and residential units] for Judicial Officers of District and Subordinate Courts, leveraging Information and Communication Technology (lCT) for better justice delivery, filling up of vacant positions of Judges in High Courts and Supreme Court, reduction in pendency through follow up by Arrears Committees at District, High Court and Supreme Court level, emphasis on Alternate Dispute Resoiution (ADR) and initiatives to fast track special type of cases. However, timely disposal of cases in courts also depends on several other factors which, inter-alia, include availability of adequate number of judges, supporting court staff and physical infrastructure, nature of evidence, co-operation of stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures to monitor, track and bunch cases for hearing.

4 • The central government has enacted The Criminal Law (Amendment) Act, 2018 making the punishment for offences like rape more stringent by including death penalty for rape of a girl below the age of 12 years. The Act also, inter-alia, mandates completion of investigation and trials within 2 months each. Further, in order to ensure that the amendments in law effectively translate at ground level~ and to enhance women safety in the country, the Government has undertaken a number of measures for implementation. These include an online analytic tool for police launched on 19th February 2019 called "Investigation Tracking System for Sexual Offences" to monitor and track time-bound investigation in sexual assault cases m accordance with Criminal Law (Amendment) Act 2018; launch of. National Database on Sexual Offenders (NDSO) on 20th September 2018 to facilitate investigation and tracking of sexual offenders across the country by law enforcement agencies; sanction of Safe City Projects in phase-I in 8 cities (Ahmedabad, Bengaluru, Chennai, Delhi, Hyderabad, Kolkata, Lucknow and Mumbai) under Nirbhaya Fund for using technology to aid smart policing and safety management; and steps taken to improve investigation by strengthening DNA analysis units in Central and State Forensic Science Laboratories, which includes setting up of a State-of-the-Art DNA Analysis Unit in Central Forensic Science Laboratory, Chandigarh. Guidelines have been notified for collection of forensic evidence in sexual assault cases and the standard composition in a sexual assault evidence collection kit. For building adequate capacity in manpower, training and skill building programs for Investigation Officers, Prosecution Officers and Medical Officers have commenced. ***

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Annexure-l State wise details of No. of Fast Track Special Courts (FTSCs) established for Women and Girl children under the Scheme of FTSCs (January 2020)

States No.ofFTSCs Madhya Pradesh 56 Chhattisgarh 15 Delhi 16 Tripura 03 Iharkhand 22 Rajasthan 26 Telangana 09 Gujarat 34 Tamil Nadu 14 Total 195

6 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 2764

TO BE ANSWERED ON WEDNESDAY, THE 11.03.2020

Posts of Judges Vacant in High Court

t2764. SHRI VINAYAK RAUT: SHRI BANDI SANJAY KUMAR: SHRI KOMATI REDDY VENKAT REDDY: DR. G. RANJITH REDDY:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether a large number of Judges vacancies in High Courts including High Court of Telangana and Maharashtra; (b) if so, the time since when these posts are lying vacant and the reasons therefor; (c) the steps taken/proposed to be taken by the Government to fill these vacant posts in a time-bound manner;and (d) whether preference is given from the eligible candidates from their respective States and if so, the details thereof?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD) -

(a) to (d): As on 01.03.2020, against a sanctioned strength of 24 there is a vacancy of 11 Judges in Telangana High Court and, against a sanctioned strength of 94 judges, there are 23 vacancies of Judges in the Bombay High Court.

As per the Memorandum of Procedure, for the appointment of Judges of High Court, the Chief Justice of the High Court is required to initiate the proposals in consultation with two senior-most Judges from amongst the eligible candidates from the Bar and concerned State Judicial Service six months prior to the occurrenceof vacancies.- Filling up of vacancies is a continuous, integrated and collaborative process between the Executive and the Judiciary. It requires consultation and approval from various constitutional authorities both at the State and Centre level. Hence, the time frame for filling up vacancies of Judges cannot be indicated. While every effort is made to fill up the existing vacancies expeditiously, vacancies do keep on arising on account of retirement, resignation or elevation of Judges and increase in Judge Strength. *** (0 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. t2770

TO BE ANSWERED ON WEDNESDAY, THE 11TH MARCH, 2020

Village Courts t2770. SHRI SUDHAKAR TUKARAM SHRANGARE: SHRI OEVJI M. PATEL: MS. PRATIMA BHOUMIK:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) the total number of village courts functioning in the country including Rajasthan and Tripura;

(b) the structure of the said village courts along with the details of the scope and process to file appeal; and

(c) the reasons for delay in setting up of village courts in all the States?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a): As per information available 353 Gram Nyayalayas have been notified so far by eleven States, out of which 221 are operational. The State-wise details of number of Gram Nyayalayas notified and operational, including State of Rajasthan, are given as under:

SI. Name of the State Gram Nyayalyas Gram Nyayalayas No. Notified operational 1 Madhya Pradesh 89 87 2 Rajasthan 45 45 3 Karnataka 2 0 4 Orissa 22 16 5 Maharashtra 39 24 6 Jharkhand 6 1 7 Goa 2 0 8 Punjab 2 2 \\ 9 Haryana 3 2 . , 10 Uttar Pradesh 113 14 11 Kerala 30 30 Total 353 221 o Gram Nyayalaya has been notified or operational in the State of Tripura.

(b): Section 3 (3) of the Gram Nyayalayas Act, 2008 provides that Gram Nyayalayas shall be in addition to the ordinary courts established under any other law for the time being in force. For every Gram Nyayalaya, the State Government shall in consultation with the High Court appoint a Nyayadhikari in terms of Section 3(5) of the above Act. The provisions of appeals from any judgment, sentence or order of a Gram Nyayalaya' in criminal cases and civil cases is laid down in Sections 33 and 34 of the said Act which is placed at _ Annexure. Gram Nyayalayas shall deemed to be a Court of Judicial Magistrate of the First Class and exercise both civil and criminal jurisdiction to the extent provided under the Act. The Nyayadhikari periodically visit the villages under his jurisdiction to hold mobile courts and conduct proceedings.

(c): As per Section 3(1) of the Act, the State Government, after consultation with the respective High Court may, by notification, establish one or more Gram Nyayalayas for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in .any State, for group of contiguous Gram Panchayats. The Central Government has no role in establishment of the Gram Nyayalayas. However, the issues affecting operationalization of the Gram Nyayalayas were discussed in the Conference of Chief Justices of High Courts and Chief Ministers of the States on ih April, 2013. It was decided in the Conference that the State Governments and High Courts should decide the question of setting up of Gram Nyayalayas wherever feasible, taking into account the local issues and situation. It is, therefore, upto State Governments and High Courts to set up Gram Nyayalayas accordingly. ********** J)--- Annexure

Extract of Gram Nyayalaya Act, 2008 referred to Lok Sabha Unstarred Question No. t2770 for Reply on 11.03.2020

33. (1) Notwithstanding anything contained in the Code of Criminal Appeal in 2 of 1974 Procedure, 1973 or any other law, no appeal shall lie.frorn any judgment, criminal cases. sentence or order of a Gram Nyayalaya except as provided hereunder. (2) No appeal shall lie where- (a) an accused person has pleaded guilty and has been convicted on such plea; (b) the Gram Nyayalaya has passed only a sentence of fine not exceeding one thousand rupees. (3) Subject to sub-section (2), an appeal shall lie from any other judgment, sentence or order of a Gram Nyayalaya to the Court of Session. (4) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment, sentence or order of a Gram Nyayalaya: Provided that the Court of Session may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period. (5) An appeal preferred under sub-section (3) shall be heard and disposed of by the Court of Session within six months from the date of filing of such appeal. (6) The Court of Session may, pending disposal of the appeal, direct the suspension of the sentence or order appealed against. (7) The decision of the Court of Session under sub-section (5) shall be final and no appeal or revision shall lie from the decision of the Court of Session: Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution.

Appeal in civil 34. (1) Notwithstanding anything contained in the Code of Civil 5 of 1908 cases Procedure, 1908 or any other law, and subject to sub-section (2), an appeal shall lie from every judgment or order, not being an interlocutory order, of a Gram Nyayalaya to the District Court. (2) No appeal shall lie from any judgment or order passed by the " Gram Nyayalaya- (a) with the consent of the parties; (b) where the amount or value of the subject matter of a suit, claim or dispute does not exceed rupees one thousand; (c) except on a question of law, where the amount or value of the subject matter of such suit, claim or dispute does not exceed rupees five thousand. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Gram Nyayalaya: Provided that the District Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period. (4) An appeal preferred under sub-section (1) shall be heard and disposed of by the District Court within six months from the date of filing of the appeal. (5) The _District Court may, pending disposal of the appeal, stay execution of the judgment or order appealed against. (6) The decision of the District Court under sub-section (4) shall be final and no appeal or revision shall lie from the decision of the District Court: Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution. ********** GOVERNMENT OF INDIA• MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 2783 TO BE ANSWERED ON WEDNESDAY, THE 11th MARCH, 2020

Pending Court Cases

2783. SHRIMATI MAHUA MOITRA:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) the total pending litigations in the Supreme Court where appeals have been filed by the Central Government and State Government entities along with the details of civil and criminal cases pending; and (b) the total pending litigations between Central Government entities?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) : As per the information provided by the Supreme Court, total 60,603 cases are pending in Supreme Court, out of which 49,088 are Civil matters and 11,515 are Criminal matters as on 03.03.2020. Total number of pending appeal cases filed by Central Government and State Government is 9458, out of which Civil cases are 7195

and Criminal cases are 2263.

(b): All the Central Government Ministries and Departments update data on pending litigations involving them on the web-portal created by Department of Legal Affairs, namely, Legal Information Management and Briefing System (LIMBS). As per the information available on LIMBS portal, details of cases involving Ministries! Departments of the Central Government entities pending in various courts are as given below: Number of cases pending. Court 14,108 Supreme Court 1,41,001 High Courts 2,76,750 District! Subordinate Courts! Tribunals! Forums etc. 4,31,859 Total

However, no data as such is maintained in respect of pending litigations between Central Government entities.

. .... ************ .. 16 l"-

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 2790 TO BE ANSWERED ON WEDNESDAY, THE 11th MARCH, 2020

Indian Judicial Service

.2790. SHRI D. M. KATHIR ANAND:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Government is planning to bring Indian Judicial services for tribunals and special courts and if so, the details thereof; (b) the current status of the proposal to set up an All India Judicial Service for appOintment of judges along with the time by which it is likely to be formed; (c) whether the Government proposes to bring in a law which would provide a time-frame to the courts to deliver judgements on matters pending before them and to get rid of the alleged corruption prevalent in judiciary; (d) whether the Government propose to conduct Common Law Admission Test (CLAT) by National Testing Agency (NTA); and (e) if so, the details thereof and if not, the reasons therefor?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) and (b) : In Government's view, a properly framed All India Judicial Service is important to strengthen overall justice delivery system. This will give an opportunity for induction of suitably qualified fresh legal talent selected through a proper all-India merit ..

selection system as well as address the issue of social inclusion by enabling suitable representation to marginalized and deprived sections of society.

A comprehensive proposal was formulated for the constitution of an All India Judicial Service (AIJS) and the same was approved by the Committee of Secretaries in November, 2012. Besides attracting some of the best talent in the country. it may also facilitate inclusion of competent persons from marginalized sections and women in the judiciary. The proposal was included as an agenda item in the Conference of Chief Ministers and Chief Justices of the High Courts held in April, 2013 and it was .decided that the issue needs further deliberation and consideration. The views of the State Governments and High Courts were sought on the proposal. There was divergence of opinion among the Sta1eGovernments and among the High Courts on the constitetion of All India Judicial Service. While some State Governments and High Courts favoured the proposal, some were not in favour of creation of A" India Judicial Service while some others wanted changes in the proposal formulated by the Central Government.

The High Courts of Sikkim and Tripura have concurred with the proposal approved by Committee of Secretaries for formation of All India Judicial Service. The High Courts of Allahabad, Chhattisgarh, Himachal Pradesh, Kerala, Manipur, Meghalaya, Orissa and Uttarakhand have suggested changes in age at induction level, qualifications, training and quota of vacancies to be filled through All India Judicial Service. Rests of the High Courts have not favoured the idea. Most of the High Courts want the administrative control over the Subordinate Judiciary to remain with the respective High Courts. The High Courts of Jharkhand and Rajasthan have indicated that the matter regarding creation of AIJS is under consideration. No response has been received from the High Courts of Calcutta, Jammu & Kashmir and Gauhati.

The State Governments of Arunachal Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Meghalaya, Nagaland and Punjab do not favour the formation of AIJS. The State Government of Maharashtra wants the recruitment to be done at Judicial Magistrate First Class (JMFC) level which is not in consonance with the tg

provisions of AIJS included in the Constitution of India. The State Governments of Bihar, Chhattisgarh, Manipur, Orissa and Uttarakhand want changes in the proposal formulated by the Central Government. The State Government of Haryana has stated that the proposalseems to be justified. The State Government of Mizoram supported creation of AIJS on the lines of lAS, IPS and other Central Services. The then State of Jammu and Kashmir has mentioned that provisions of Constitution of India for formation of AIJS incorporated in the Constitution by 42nd Amendment Act, 1976 are not applicable to the State of Jammu and Kashmir. No response has yet been received from rest of the States.

The matter regarding creation of a Judicial Service Commission to help the recruitment to the post of district judges and review of selection process of judges / judicial officers at all level was also included in the agenda for the Chief Justices

Conference, which was held on 03rd and 04th April, 2015, wherein it was resolved to leave it open to the respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies for appointment of District judges expeditiously. The proposal for constitution of All India Judicial Service with views from the High Courts and State Governments received thereon was included in the agenda for the Joint Conference of Chief Ministers and Chief Justices of the High Courts held on os" April, 2015. However, no progress was made on the subject.

The proposal of setting up of an All India judicial service was again discussed on points of eligibility, age, selection criteria, qualification, reservations etc in a meeting chaired by Minister of Law and Justice on 16thJanuary 2017 in the presence of Minister of State for Law and Justice, Attorney General of India, Solicitor General of India, Secretaries of Department of Justice, Legal affairs and Legislative Department. In view of the existing divergence of opinion amongst the stakeholders the Government is engaged in a consultative process with the stakeholders to arrive at a common ground.

(c): No, Sir.

(d) and (e): No Sir. Does not arise. 19

GOVERNMENTOF INDIA MINISTRYOF LAW & JUSTICE DEPARTMENTOF JUSTICE

LOKSABHA

UNSTARREDQUESTIONNO. 2791

TO BE ANSWEREDON WEDNESDAY,THE 11thMARCH,2020

Delay in Justice

+ 2791. SHRI NARANBHAI KACHHADIYA: SHRIJASWANT SINGH BHABHOR: SHRI PARBATBHAI SAVABHAI PATEL: SHRI PRADEEPKUMAR SINGH: SHRI SHANTANUTHAKUR: SHRI NISITHPRAMANIK:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the delay in verdicts of the cases in the courts is like justice denied and the number of pendency of judicial cases, is increasing in different courts; (b) if so, the details thereof particularly in ; (c) whether the consumption of the resources involved in this regard also rise and the people have to face problems; and (d) the corrective measures taken and the alternatives to be considered by the Government in this regard? ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (d): As per the available information and data available on the National Judicial Data Grid (NJDG), details of pending cases in Supreme Court, various High Courts, District and Subordinate Courts of the country and District and Subordinate Courts in the State of West Bengal is given at Annexure.

Disposal of cases in courts is within the domain of judiciary. Timely disposal of cases in courts depends on several factors which, inter-alia, include availability of adequate number of judges, supporting court staff and physical infrastructure, complexity of facts involved, nature of evidence, co-operation of stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures. However, the Union Government is committed to speedy disposal of cases and reduction in pendency of cases. National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities. The ~ission has been pursuing a co-ordinated approach for phased liquidation of arrears and pendency in judicial administration, which, inter-elie, involves better infrastructure for courts including computerization, increase in strength of subordinate judiciary, policy and legislative measures in the areas prone to excessive litigation, re-engineering of court procedure for quick disposal of cases and emphasis on human resource development. The major steps taken during the last five years under various initiatives are as follows: (a) Improving infrastructure for Judicial Officers of District and Subordinate Courts: As on date, Rs. 7,453.10 crores have been released since the inception of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary in 1993-94. Out of this, Rs.4,008.80 crores (which is 53.79% of the Q I

total amount released till date) have been released to the States and UTs since April, 2014. The number of court halls has increased from 15,818 as on 30.06.2014 to 19,694 as on 29.02.2020 and number of residential units has increased from 10,211 as on 30.06.2014 to 17,432 as on 29.02.2020 under this scheme. In addition, 2,814 court halls and 1,843 residential units are under construction. (b) Leveraging Information and Communication Technology (ICT) for improved justice delivery: Government has been implementing the e-Courts Mission Mode Project throughout the country for Information and Communication Technology enablement of district and subordinate courts. Number of computerized District & Subordinate courts has increased from 13,672 to 16,845 registering an increase of 3,173 during 2014 till date. New and user-friendly version of Case Information Software has been developed and deployed at all the computerized District and Subordinate Courts. All stakeholders including Judicial Officers can access information relating to judicial proceedings/decisions of computerized District & Subordinate Courts and High Courts on the National Judicial Data Grid (NJDG). Currently, case status information in respect of over 13.13 crore pending and disposed cases and more than 11.46 crore orders / judgments pertaining to these computerized courts is available on NJDG. eCourts services such as details of case registration, cause list, case status, daily orders & final judgments are available to litigants and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized courts, eCourts Mobile App, email service, SMS push & pull services. Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding jails. (c) Filling up of vacant positions in Supreme Court. High Courts and District and Subordinate Courts: From 01.05.2014 to 29.02.2020, 35 Judges were appointed in Supreme Court. 522 new Judges were appointed and 443 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High Courts has been increased from 906 in May, 2014 to 1079 currently. Sanctioned and working strength of Judicial Officers in District and Subordinate Courts has increased as follows: - As on Sanctioned Strength < Working Strength

< 31.12.2013 19,518 15,115 -- 29.02.2020 24,018 19,160

Filling up of vacancies in Subordinate judiciary falls within the domain of the State Governments and High Courts concerned.

(d) Reduction in Pendency through I follow up. by Arrears, Committees: In pursuance of resolution passed in Chief Justices' Confersnce held in April, 2015, Arrears Committees have been set up in High Courts to clear cases pending for more than five years. Arrears Committees have been set up under District Judges too. Arrears Committee has been constituted in the Supreme Court to formulate steps to reduce pendency of cases in High Courts and District Courts. (e) Emphasis on Alternate Dispute Resolution (ADR): Commercial Courts Act, 2015 (as amended on zo" August, 2018) stipulates mandatory pre-institution mediation and settlement of commercial disputes. Amendment to the Arbitration and Conciliation Act, 1996 has been made by the Arbitration and Conciliation (Amendment) Act 2015 for expediting the speedy resolution- of disputes by prescribing timelines. (f) Initiatives to Fast Track Special Type of Cases: The Fourteenth Finance Commission endorsed the proposal of the Government to strengthen the judicial system in States which included, inter-alia, establishir{g Fast Track Courts for cases of heinous crimes; cases involving senior citizens, women, children etc., and urged the State Governments to use the additional fiscal space provided in the form of enhanced tax devolution form 32% to 42% to meet such requirements. As on 31.12.2019, 828 Fast Track Courts are functional for heinous crimes, crimes against women and children, family and matrimonial disputes, etc. To fast track criminal cases involving elected MPs I MLAs, ten (10) Special Courts are functional in nine (9) States/UTs (1 each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, West Bengal and 2 in NCT of Delhi) and proportionate funds have been released to these States by the Government. Further, ,Government has approved a scheme for setting up 1023 Fast Track Special Courts (FTSCs) across the country for expeditious disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 27 States/UTs have joined the scheme for setting up of 649 FTSCs including 363 exclusive POCSO courts. Rs.99.43 crore (out of the total allocation of RS.100 crore) has already been released as the first instalment for FTSCs. (g) In order to reduce pendency and unclogging of the courts the Government has recently amended various laws like the Negotiable Instruments ( Amendment) Act, 2018, the Commercial Courts (Amendment) Act, 2018, the Specific Relief (Amendment) Act, 2018, the Arbitration and Conciliation (Amendment) Act, 2019 and the Criminal Laws (Amendment) Act, 2018. ************

--- - . - .. ------Annexure

Details of Pending cases in Supreme Court: r Court Civil Criminal Total Civil Criminal Total pending Pending cases cases Supreme 46,860 10,134 56,994 - 49,088 11,515 60,603 Court (As on (As on I 01.12.2018) 03.03.2020) Details of Pending cases in High Courts:

Civil Crimin Writ Total Civil Crimi Writ Total al nal High Courts 24.38 13.26 12.13 49.791akhs 19.23 13.24 13.67 46.151akhs lakhs lakhs lakhs (As on lakhs lakhs lakhs ( As on 21.12.2018) 29.02.2020) Details of Pending cases in District & Subordinate Courts in the COUntrl:

Civil Criminal Total Civil Criminal Total I District and 84.59 207.651akhs 2.92 Crore 89.64 229.631akhs 3.19 Crore I Subordinate lakhs (As on lakhs (As on I Courts 26.12.2018) 29.02.2020) l-- -.- 1 Details of Pending cases in District & Subordinate Courts in West Bengal:

I Civil Criminal Total Civil Criminal Total I District and 4,93,021 14,57,471 19,50,492 5,05,168 15,43,529 20,48,697 Subordinate (As on (As on Courts of west 31.12.2018) 31.12.2019) Bengal ************** GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. 2856

TO BE ANSWERED ON WEDNESDAY, THE 11th March, 2020

Special Court to deal with Crime against Women

2856. SH. RAJAAMARESHWARA NAIK: DR. JAYANTA KUMAR ROY: SHRIMATI SANGEETA KUMARI SINGH DEO; SH. BHOLA SINGH: SH.VINOD KUMAR SONKAR: DR. SUKANTA MAJUMDAR

Will the Minister of LAWAND mSTICE be pleased to state:

(a) whether the Special courts dealing with the crimes against children and women are functioning in the country and if so, the details thereof;

(b)the number of such courts including number of cases pending/disposed of by these courts during the last three years, State-wise;

(c) whether the Government proposes to set up dedicated courts to deal with cases of crimes against women;

(d)if so, the details and the present status thereof;

(e)whether the Government also intends to appoint women judges/prosecutors in such courts and if so, the details thereof; and

(f) the other steps being taken by the Government in this regard?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

1 .. (a) & (b): Setting up of subordinate courts including special courts come within the domain of State Governments in consultation with respective High _ Courts. The proposal of Union of India for setting up of 1800 Fast Track Courts (FTCs) during 2015-20 had been endorsed by the 14th Finance Commission for dealing specific nature cases related to heinous nature, Women, Children, Senior Citizen etc and Civil Cases pending for five years. There are 828 numbers of such Fast Track Courts functioning in the country as on 31-12-2019 as per information received from High Courts. The State-wise details of functional FTCs for the last three years is placed at Annexure.

(c) to (e): In furtherance to The Criminal Law (Amendment) Act, 2018, Government has finalized a Scheme for setting up of 1023 Fast Track Special Courts (FTSCs) across the country for expeditious trial and disposal of pending cases pertaining to Rape and Prevention of Children from Sexual Offences (POCSO) Act, 2012, in a time-bound manner under Centrally· Sponsored Scheme. So far, after receipt of consent from 27 StateslUTs, Central share of Funds amounting to RS.99.43125 Cr has been released to these 27 StateslUTs for setting up of 649 numbers of FT~Cs including 363 exclusive POCSO courts. The Scheme of FTSC does not envisage appointment of women judges/prosecutors in such courts.

(f): Government has taken many other steps. The Criminal Law (Amendment) Act, 2018 was enacted to prescribe even more stringent penal provisions including death penalty for rape of girl child below 12 years and completion of investigation and trials within 2 months each; Emergency Response Support System; use of technology to aid smart policing and safety management; Safe city projects; launching of online analytic tools like the" National Data Base on Sexual Offenders" (NDSO); "Investigation

2 .1

Tracking System for Sexual Offences", strengthening DNA analysis units in Central and State Forensic Science Laboratories, notification of guidelines for collection of forensic evidence in sexual assault cases and the standard composition in a sexual assault evidence collection kit; setting up of women Helpdesk in Police Stations in StateslUTs and 'Anti-Human Trafficking Units'

***

3 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 2860

TO BE ANSWERED ON WEDNESDAY, THE 11TH MARCH, 2020

Use of Local Language in Courts

t2860. SHRI SADASHIV KISAN LOKHANDE:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Government has made arrangement of debate in local language in Maharashtra High Court and other district courts of Maharashtra; (b) if so, the details thereof; (c) if not, the reasons therefor and the reaction of the Government thereto; and . (d) the corrective steps taken by the Government in this regard?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a): No, Sir.

(b): Does not arise.

(c): Central Government has not received any request under Article 348(2) and Section 7 of the Official Languages Act, 1963 from the concerned State.

(d): Does not arise. GOVERNMENT OF INDIA .MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. t2909

TO BE ANSWERED ON WEDNESDAY, THE 11TH MARCH, 2020

Infrastructure Facility in Judiciary t2909. DR. BHARATI PRAVIN PAWAR:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Government has implemented the centrally sponsored scheme to develop infrastructure facilities for Judiciary in Maharashtra;

(b) if so, the details thereof; (c) the funds allocated/released to the State Government of Maharashtra by the Union Government and the funds utilised under the said scheme during the last three years; and (d) the extent to which the Judicial infrastructure has improved in Jharkhand till date and the details thereof?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) & (b): The Union Government has been implementing a Centrally Sponsored Scheme for Development of Infrastructure Facilities for Judiciary by providing financial assistance to State Governments / UTs in the prescribed fund sharing pattern between Centre and States. The Scheme is being implemented since 1993- 94. It covers the construction of court buildings and residential accommodations for Judicial Officers of District and Subordinate Judiciary. Till date, Central Government has sanctioned Rs. 7,453 crore to States/UTs since the inception of the Scheme. Out of this, Rs. 680.84 crore has been sanctioned to the State Government of Maharashtra.

(c): The Status of funds released by the Central Government under the Scheme and the amount of Utilization Certificates submitted by the State Government of ')D Maharashtra against the funds released during the last three years and the current financial year is as follows: . (In Rs. crore) Amount-of Utilization ~tate Funds released during Certificate(s) 12016-17 12017-18. t2018-19 t2019-20(as bn 6.3.2020) furnished for the funds released since 2016-17. 118.41 Maharashtra 49.75 50.00 10.58 21.09

(d): The primary responsibility of development of Infrastructure facilities for judiciary rests with the State Government to augment the resources of the State Governments. The funds are released under the Scheme for construction of court buildings and residential accommodations for Judicial Officers of District and Subordinate Judiciary. As per information available, the number of court halls in Jharkhand has increased from 598 in 2017 to 640 as on 06.03.2020. Similarly, the .. . number of residential units for Judicial Officers in Jharkhand has increased from 460 in 2017 to 567 as on 06.03.2020. In addition, presently 21 court halls and 63 residential units are under construction in the State of Jharkhand. ************ GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 2916 TO BE ANSWERED ON WEDNESDAY, THE 11thMARCH, 2020

Affordable Justice

.,. 2916. SHRI KHAGEN MURMU: SHRI AJAY KUMAR MISRA TENI:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Government proposes to increase the existing number of courts for providing affordable and speedy justice to the people in the coun1ry; (b) if so, the State-wise and location-wise details thereof;and (c) if not, the reasons therefor?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a): The appointment of Judges and Judicial Officers in the District and Subordinate Courts falls within the domain of the High Courts and State Governments concerned in which the Central Government has no role. As per information made available by the High Courts and respective State Governments, sanctioned strength of Judges of District I Subordinate Courts has increased from 20,214 in the year 2014 to 24,018 as on 29.02.2020. The working strength of Judges of District and Subordinate Courts is increased from 15,634 in the year 2014 to 19,160 as on 29.02.2020. The State I UT• wise details of sanctioned I working strength of Judges of-District I Subordinate Courts are given in a Statement at Annexure.

(b) and (c): Does not arise.

************ Annexure Sanctioned Strength I Working Strength and vacancies in.Subordinate Courts as on 29.02.2020 SI. No. States & 'Uts Total Sanctioned Total Working Total Strength Strength Vacancy 1 Andaman and Nicobar 0 13 -13 2 Andhra Pradesh 599 526 73 3 Arunachal Pradesh 41 27 14 4 Assam 441 409 32 5 Bihar 1925 1437 488 6 Chandigarh 30 29 1 7 Chhattisgarh 480 393 87 8 D & N Haveli 3 3 0 9 Daman & Diu 4 3 1 10 Delhi 799 678 121 11 Goa 50 40 10 12 Gujarat 1521 1183 338 297 13 Harvana 772 475 14 Himachal Pradesh 175 163 12 15 Jammu and Kashmir 290 232 58 219 16 Jharkhand 677 458 17 Karnataka 1346 1098 248 18 Kerala 536 456 80 19 Lakshadweep 3 3 0 370 20 Madhya Pradesh 2021 1651 249 21 Maharashtra 2189 1940 14 22 Manipur 55 41 48 23 Meghalaya 97 49 19 24 Mizoram 64 45 7 25 Nagaland 33 26 149 26 Odisha 920 771 15 27 Puducherrv 26 11 -.- 28 Punjab 675 577 98 29 Rajasthan 1428 1119 309 30 Sikkim 25 19 6 31 Tamil Nadu 1257 1080 177 32 Telanqana 474 383 91 33 Tripura 120 95 25 34 Uttar Pradesh 3634 2581 1053 35 Uttarakhand 294 228 66 36 West Bengal 1014 918 96 TOTAL TOTAL 24018 19160 4858 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** lOK SABHA UNSTARREDQUESTION NO 2925 TO BE ANSWERED ON WEDNESDAY,THE 11thMARCH, 2020 Free and Prompt Justice t2925. SHRI MANSUKHBHAI DHANJIBHAIVASAVA: SHRI CHHATAR SINGH DARBAR:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether there is any proposal from the Governmentto ensure free and prompt justice to the poor and middle-class people; (b) if so, the details thereof;

(c) whether the Government is contemplatingon the proposal to fix specific time schedule for disposal of the cases; and

(d) if so, the details thereof?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) and (b) The legal Services Authorities (lSA) Act, 1987 provides free and

competent legal services to the weaker sections of the society including

beneficiaries covered under Section 12 of the Act to ensure that opportunities for

securing justice are not denied to any citizen by reason of economic or other

disabilities, and .to organize lok Adalats to secure that the operation of the legal

system promotesjustice on a basis of equal opportunities. For this purpose, the Leg·al Services Institutions have been setup at all levels from the level of Taluk Courts to the Supreme Court. During the period from April, 2019 to

December, 2019, 8.96 lakhs persons have been provided with free legal services and 56.19 lakhs cases (pending in courts as well as disputes at pre-litigation stage) have been settled amicably through Lok Adalats.

In addition, Nyaya Bandhu (Pro-bono) programme under 'Access to Justice' Scheme provides a platform for linkage of beneficiaries covered under Section 12 of LSA Act with Pro-bono lawyers. Pre-litigation advice mechanism also exists under 'Tele-Iaw' programme, wherein free legal advice is provided. to beneficiaries covered under

Section 12 of lSA Act & others with payment of Rs. 30/- per consultation at

Common Service Centre (CSC) in the village.

(c) No Sir. Timely disposal of cases falls within the domain of the judiciary.

(d) Does not arise.

*********** GOVERNMENT OF INDIA .. MINISTRY OF LAW & JUSTICE ·' DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 2948 TO BE ANSWERED ON WEDNESDAY, THE 11th MARCH, 2020

Committee for Judicial Reforms

+2948. DR. RAMAPATI RAM TRIPATHI:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the committee constituted for judicial reforms has submitted its report to the Government; (b) if so, the details thereof and the findings and recommendations of the committee in this regard; (c) if not, the reasons for delay in this regard; and (d) the steps being taken by the Government to make the judicial system more effective and ensure urgent hearings of the criminal acts?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (c): National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities. The Mission has been pursuing a co-ordinated approach for phased liquidation of arrears and pendency in judicial administration, which, inter-alia, involves better infrastructure for courts including computerisation, increase in strength of subordinate judiciary, policy and legislative measures in the areas prone to excessive litigation, re-engineering of court procedure for quick disposal of cases and emphasis on human resource development.

To advise on the goals, objectives and strategies of the National Mission and the Action Plan and its implementation, an Advisory Council has been set up under the . ...

Chairmanship of Minister of Law and Justice with wide ranging membership. An action .- . plan of the National Mission was formulated under 5 strategic initiatives which are .. reviewed by the Advisory Council of the National Mission from time to time. Eleven- •. meetings of the Advisory Council have been held so far. Activities under the National Mission are of an on-going nature and regular reports are presented before the Advisory Council of the National Mission.

(d): Hearings and disposal of cases in courts is within the domain of the judiciary. Government has no role in hearings of cases in courts. However, the Union Government is committed to speedy disposal of cases and reduction in pendency of cases. The major steps taken during the last five years under various initiatives are as follows: (a) Improving infrastructure for Judicial Officers of District and Subordinate Courts: As on date, Rs. 7,453.10 crores have been released since the inception of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary in 1993-94. Out of this, Rs.4,008.80 crores (which is 53.79% of the total amount released till date) have been released to the States and UTs since April, 2014. The number of court halls has increased from 15,818 as on 30.06.2014 to 19,694 as on 29.02.2020 and number of residential units has increased from 10,211 as on 30.06.2014 to 17,432 as on 29.02.2020 under this scheme. In addition, 2,814 court halls and 1,843 residential units are under construction. (b) Leveraging Information and Communication Technology (ICT) for improved justice delivery: Government has been implementing the e-Courts Mission Mode Project throughout the country for Information and Communication Technology enablement of district and subordinate courts. Number of computerized District & Subordinate courts has increased from 13,672 to 16,845 registering an increase of 3,173 during 2014 till date. New and user-friendly version of Case Information Software has been developed and deployed at all the computerized District and Subordinate Courts. All stakeholders including judicial Officers can access information relating to judicial proceedings/decisions of computerized District & Subordinate Courts and High Courts on the.National Judicial Data Grid (NJDG). Currently, case status information in respect of over 13.13 crore pending and disposed cases and more than 11.46 crore orders I judgments pertaining to these computerized courts is available on NJDG. eCourts services such as details of case registration, cause list, case status, daily orders & final judgments are available to litigants and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized courts, eCourts Mobile App, email service, SMS push & pull services. Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding jails. (c) Filling up of vacant positions in Supreme Court, High Courts and District and Subordinate Courts: From 01.05.2014 to 29.02.2020, 35 Judges were appointed in Supreme Court. 522 new Judges were appointed and 443 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High Courts has been increased from 906 in May, 2014 to 1079 currently. Sanctioned and working strength of Judicial Officers in District and Subordinate Courts has increased as follows: As on Sanctioned Strength Working Strength 31.12.2013 19,518 15,115 29.02.2020 24,018 19,160

Filling up of vacancies in Subordinate judiciary falls within the domain of the State Governments and High Courts concerned.

(d) Reduction in Pendency through I follow up by Arrears Committees: In pursuance of resolution passed in Chief Justices' Conference held in April, 2015, Arrears Committees have been set up in High Courts to clear cases pending for more than five years. Arrears Committees have been set up under District Judges too. Arrears Committee has been constituted in the Supreme Court to formulate steps to reduce pendency of cases in High Courts and District Courts. (e) Emphasis on Alternate Dispute Resolution (ADR): Commercial Courts Act, 2015 (as amended on zo" August, 2018) stipulates mandatory pre-institution

----_____.,/ • mediation and settlement of commercial disputes. Amendment to the Arbitration and Conciliation Act, 1996 has been made by the Arbitration and Conciliation (Amendment) Act 2015 for expediting the speedy resolution of disputes by prescribing timelines. (f) Initiatives to Fast Track Special Type of Cases: The Fourteenth Finance Commission endorsed the proposal of the Government to strengthen the judicial system in States which included, inter-alia, establishing Fast Track Courts for cases of heinous crimes; cases involving senior citizens, women, children etc., and urged the State Governments to use the additional fiscal space provided in the form of enhanced tax devolution form 32% to 42% to meet such requirements. As on 31.12.2019, 828 Fast Track Courts are functional for heinous crimes, crimes against women and children, family and matrimonial disputes, etc. To fast track criminal cases involving elected MPs I MLAs, ten (10) Special Courts are functional in nine (9) States/UTs (1 each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, West Bengal and 2 in NCT of Delhi) and proportionate funds have been released to these States by the Government. Further, Government has approved a scheme for setting up 1023 Fast Track Special Courts (FTSCs) across the country for expeditious disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 27 States/UTs have joined the scheme for setting up of 649 FTSCs including 363 exclusive POCSO courts. RS.99.43 crore (out of the total allocation of RS.100 crore) has already been released as the first instalment for FTSCs.

(g) In order to reduce pendency and unclogging of the courts the Government has recently amended various laws like the Negotiable Instruments ( Amendment) Act, 2018, the Commercial Courts (Amendment) Act, 2018, the Specific Relief (Amendment) Act, 2018, the Arbitration and Conciliation (Amendment) Act, 2019 and the Criminal Laws (Amendment) Act, 2018.

************ YO ..

.. ._ GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 2953

TO BE ANSWERED ON WEDNESDAY, THE 11.03.2020

High Court Benches in UP

t2953. SHRI BHANU PRATAP SINGH VERMA:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Government has formulated any proposal to make the legal system. strong and easily available in the country and if so, the details thereof; (b) whether the Government has sanctioned a new bench of Allahabad High Court in Uttar Pradesh; (c) if so, the action taken so far in this regard; and (d) whether the Government has any scheme to increase the number of benches of High Courts particularly in Uttar Pradesh which is most populous State where people have to travel a long distance to have hearing of their pending cases in the concerned High Court and if so, the details thereof?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD) ..

.... - (a): The Government has set up a National Mission for Justice Delivery arid .. Legal Reforms in August, 2011 with the twin objectives of increasing access to reduce delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities. The Mission has been pursuing a co-ordinated approach for phased liquidation of arrears and pendency in judicial administration, which, inter-alia, involves better infrastructure for courts including computerisation, increase in strength of subordinate judiciary, policy and legislative measures in the areas prone to excessive litigation, re-engineering of court procedure for quick disposal of cases and emphasis on human resource development.

(b): No Sir.

(c): Does not arise.

(d): No Sir. High Court Benches, at a place other than its Principal seat are established in accordance with the recommendations made by the Jaswant Singh Commission and judgment pronounced by the Apex Court in W.P.(C) No.379 of 2000 and after due consideration of a complete proposal from the State Government incorporating readiness to provide infrastructure and meet the expenditure, alongwith the consent of the Chief Justice of the concerned High Court and the consent of the Governor of the concerned State. At present, no complete proposal from the State Government of Uttar Pradesh, regarding setting up of a Bench of the High Court is pending with the Government. ..

• of G.OVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOK SABHA UNSTARREDQUESTIONNO 2970 TO BE ANSWERED ON WEDNESDAY,THE 11thMARCH, 2020 Speedy Justice

t2938. SHRIMATIANNPL!RNA DEVI:

Will the Minister of LAW AND JUSTICE be pleasedto state:

(a) whether the Government has not been successful in providing speedyjustice as written in Article 39A of the constitution ;

(b) the reaction of the Government thereto;

(c) the reasons for the Government not being successful in achieving the objective of Article 39A of the Constitution; and

(d) the efforts made to remove the said problem?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (d) Article 39-A of the Constitution provides that the State shall secure that the

operation of the legal system promotesjustice on the basis of equal opportunity, and

shall in particular, provide free legal aid, by suitable legislation or schemes or in any

other way, to ensure that opportunities for securing justice are not denied to any

citizen by reason of economic or other disabilities.

The Legal Services Authorities (LSA) Act, 1987 provides free and

competent legal services to the weaker sections of the SOCiety including

beneficiaries covered under Section 12 of the Act to ensure that opportunities for ..

... securing justice are not denied to any citizen by reason of economic or other

disabilities, and to organize Lok Adalats to secure that the operation of the legal

system promotes justice on a basis of equal opportunities

For this purpose, the legal services institutions have been setup from the

Taluk Court level to the Supreme Court. During the period from April, 2019 to

December, 2019, 8.96 lakhs persons have been provided with free legal services and 56.19 lakhs cases (pending in courts and disputes at pre-litigation stage) have been settled through Lok Adalats.

In addition, the Government has launched Nyaya Bandhu (Pro-bono) programme to link the persons eligible to avail free legal aid under Section 12 of LSA

Act, 1987 with the pro-bono lawyers. Tele-Law programme has been launched to provide legal advice to public including persons entitled for free legal aid under

Section 12 of LSA Act, 1987, at pre-litigation stage by the Panel lawyers through the

Common Service Centre (CSC) at the villages.

********