In India, a growing court backlog delays justice

India’s justice system has more than 54 million pending cases, with 17.2 million that have dragged on for more than five years. Until recently, Shaheen Malik’s was one of them.

The acid attack survivor’s case had been collecting dust in trial court for more than a decade – not because it was uniquely complicated or lacking critical evidence, but due to a web of challenges that clog India’s lower courts. 

Archaic processes, understaffed judiciaries, and superfluous cases have made swift justice a rarity in India, where the average judge is currently dealing with more than 2,200 cases. And that backlog is only growing. 

Why We Wrote This

Is delayed justice really justice? Indians have the right to a speedy trial, yet it can take decades for cases to make it through the country’s overworked and understaffed courts.

For victims of violent crimes, this means that justice and closure are often delayed, if they come at all. 

“The delay wasn’t just an inconvenience, it was a punishment for being the victim,” says Ms. Malik. “You live in a permanent state of waiting, your recovery tied to a verdict that never comes. The accused got to live, marry, have children, while I was stuck in courtrooms and hospitals.”

A judge shortage

Ms. Malik moved to the city of Panipat from Delhi in 2007, finding work as a student counselor. When she left her office on Nov. 9, 2009, she saw a masked boy waiting by the sidewalk. He flung a thick green liquid at her. The acid blinded her in one eye and led to more than 20 reconstructive surgeries. 

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