The Weaponization of Time: How Our Legal System Fails Regular Citizens
"Justice
delayed is justice denied," is an old adage but for millions it is a daily
fact.
When a trial lasts two decades, the delay
itself becomes a form of state-inflicted punishment.
A lack of resources is typically given
as the reason, but the issue runs much deeper. The courts operate using
antiquated rules which punish the law-abiding & reward wrongdoers.
The Cruel Reality of the Endless Loophole
The
largest problem with the civil &criminal courts is the endless cycle of new
hearing dates. There is no real time limit on how many continuances a court may
issue & therefore months & even years pass between courtroom
appearances.
The "loophole" is used
as a deliberate tool of oppression. Corrupt corporations, slow-moving
government bodies & even the wealthy purposefully fail to appear at
hearings or push for continuous extensions. Their objective is simply to outwait their adversary, draining their
finances, time or lives until it is no longer possible to continue.
Consider the human toll:
Property stagnation:
The
government blocks private land for a "future" project, but
never follows through for fifteen years. This leaves the owner unable to sell
their property, renovate their home or borrow against their assets, tying up
capital indefinitely.
Financial exploitation:
A
corrupt administrator can simply refuse to pay salaries or fire teachers,
forcing them to spend a decade in court just to reclaim wages due.
Wealth disparity:
Given
that legal battles can become astronomically expensive & take enormous
amounts of time off work, only the wealthy can afford to litigate in the
system. This is the definition of the two-tier justice system.
When a democracy allows for such a dual system, where wrongdoers are able to escape consequences by using procedural trickery & citizens must face the legal system with neither money nor time, it understandably creates systemic discontent.
Root causes of stagnation
Many
claim to know the reason our courts are bogged down in years of litigation.
From backlogged judges to understaffed police departments & greedy lawyers,
few have ever had to take a deep look at how archaic & inefficient the
entire legal architecture remains, dating back to the colonial era &was
built more for control than public good.
In
such an environment there are several elements which make enduring the lengthy
litigation process unavoidable:
The Unfettered Adjournment Loophole:
The
core of our protracted legal battles stems from the completely unfettered
ability to adjourn hearings at will. As there is no limit on the number of
intermediate dates that can be issued by the courts, years can disappear
between appearances.
Strategic Obstructionism:
Those
unwilling to proceed can exploit the freedom from deadlines that the courts
give them to intentionally delay & wear out the opposition’s resources by
appearing to engage the legal process through the endless granting of
continuance after continuance.
Suggested Judicial & Legislative Reforms
To
transform a perpetual litigation system into one capable of producing swift
adjudication, procedural limits need to be enforced by the judiciary &
legislature immediately:
Impose Strict Caps on Continuances:
Limiting
civil litigation to a total of three to five hearings & stipulating a
one-year dispositive deadline would drastically shorten the length of trial
proceedings. If a party cannot make the scheduled hearings without an
extraordinarily compelling & legally recognizable reason, the judge can
then grant an ex-parte ruling on the existing evidence in the case file.
Assigning Institutional &Individual Responsibility:
State
officials should not be able to defer blame to impersonal institutions &
continue with business as usual as public workers are transferred to other
departments. Department heads should be required by law to be present at
hearings where state negligence has led to a lawsuit against them.
Deterrence of Frivolous Lawsuits:
The
elimination of endless litigation will naturally cause a drastic reduction in
unnecessary & deliberately damaging civil lawsuits that are filed solely to
harassment opponents or to simply drag one’s feet in paying debts.
The reform of these
procedural problems should not just be administrative; it must be a moral
imperative. For the system to function democratically, the courts should teach
the concerned to respect the time & life of its citizens.
This article is by the Author JeevanGopalan:
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