Speedy Justice And The Bhima Koregaon Incident: A Caste-Based Case Study
- IJLLR Journal
- Apr 9
- 2 min read
Priyanka & Chiraayu Singh Trehan, LLM, RGNUL, Punjab
ABSTRACT
“The goal of achieving ‘justice’ is central to the Constitution, as outlined in the Preamble. The notion of justice—encompassing social, economic, and political aspects—is explicitly included in Article 38. According to the renowned constitutional scholar, Mr. H. M. Seervai, Article 39 further elaborates on this idea of justice. The Supreme Court has clarified that social justice also incorporates 'legal justice,' meaning that the justice system should offer affordable, prompt, and effective means for all citizens to obtain justice, regardless of their social, economic, or financial status. The need for timely justice extends to civil matters as well, where delays in resolving disputes can hinder the rights of the parties involved. The importance of swift justice has been recognized not only by national bodies but also by international organizations and various government systems globally. Documents such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the European Convention on Human Rights (ECHR) all contain provisions guaranteeing the right to a speedy trial, positioning swift justice as a fundamental element of human rights law.
The underlying principle behind the idea of speedy justice is captured in the well-known phrase, "justice delayed is justice denied." Prolonged and unjust delays undermine the very essence of justice. Access to justice, including the right to swift justice, is enshrined as a fundamental human right in the Constitution. Given the unique challenges faced by India, there is an increasing need for practical and systematic reforms to make this right a reality in the country.
Keywords: Speedy Justice, Human Rights Law, International Human Rights, Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), European Convention on Human Rights (ECHR, Global Justice Standards
