• PAGE ONE
• INDEX
• HOME

Justice delayed

R. Desikan

Recently, a magazine brought out some unpleasant truths about the judicial system in our country. According to the article, it would take 280 years to dispose of all the cases currently pending in the various courts. Can anything be more shameful?

I have closely observed the working of consumer courts in India. While it is true that the Indian Consumer Protection Act of 1986 is the best in the world, with its inbuilt redressal systems, it is nevertheless in a bad state. Corrective steps must be ta ken to restore the potency of the law.

The last 13 years have shown that only a few presidents of consumer courts have used the Act effectively. But the blame does not lie entirely with them. The Government is equally mistaken in mandating that only judicial officers of a certain rank could b ecome presidents of consumer courts.

When you appoint a person with 10-15 years of practice in civic courts, can you expect him to think any differently from a judicial officer of a district court or high court?

Such an official would bring with him the very deficient practices of the civil courts that were sought to be eliminated by the establishment of consumer courts.

Many a president of the consumer fora tends to look at his job as a retirement benefit. The decisions are often pro-establishment while, on the other hand, disputes involving private, non-governmental organisations are pursued with ruthless fairness.

Once, when I questioned a judge about his failure to bring out a well-known fact relating to the case, he replied that the information was not brought out by either party. His job as a judge would, therefore, be just and correct by arriving at a decision ``based on facts placed before him''.

Fortunately for consumers and unfortunately for those who judge, consumer courts also have two non-judicial persons, including one woman, officiating on cases.

Consumer courts are, therefore, intended to be simple panchayat systems for the people, presided over by one who knows the law. It is intended to settle disputes rather than call witnesses and go through complicated civil court procedures.

The Consumer Protection Act must be suitably amended to enable the appointment of lawyers with no political affiliations, including fresh graduates and apprentices, as presiding officers of consumer courts. I say this because I have observed the commitme nt of young officials starting their career. Many officials fall on the wayside when their enthusiasm is nullified by a system of punishment on suspicion.

We must take a re-look at the Consumer Protection Act and make suitable changes to enhance its effectiveness.

(The author is former chairman, Federation of Consumer Organisations, Tamil Nadu. He can be reached at rdesikan@vsnl.com)