The Need For Applying ADR In The Indian Criminal Justice System

Mr. Romil Aryan, Mr. Abhinav Deep Dora & Mr. P. Manoj Kumar, Vignan Institute of Law

ABSTRACT

It is a famous saying that justice should not only be done but should also be seen to be done. Speedy justice is the need of the hour in light of the excessive delay in the disposal of cases. Traditionally, the Indian Criminal Justice System focused on the offender and the whole purpose was to punish the offender so that deterrence could be created in society and further crimes could be stopped or minimised by installing fear in the minds of future offenders. Under this model, the victim was totally ignored. He had no say and was just a kind of mute spectator. The rights of not only the victim are affected because of the unreasonable delay in the disposal of the cases, but the rights of the accused are also impacted because of the huge delay in the disposal of the cases. The accused is considered innocent until proven guilty, and a long trial leads to constant stigmatisation of the accused. He is seen as a criminal in society and there are various restrictions imposed on him, so he is not able to enjoy all the rights of a normal citizen. Under trial prisoners have been one of the biggest concerns for the criminal justice system. There have been cases where under trial prisoners were found not guilty after spending years in prison. Such problems undermine the faith of people in the criminal justice system. Article 21 of the Constitution of India provides for the right to life and personal liberty. The Indian Supreme Court has incorporated various rights under the ambit of Article 21. The Supreme Court has given a broad interpretation of Article 21 to incorporate various rights. The right to speedy justice has also been incorporated by the Supreme Court under Article 21 of the Constitution of India. In light of the existing situation it becomes important to explore the applicability of ADR in the Indian criminal Justice System.