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(An International Multi Disciplinary Journal)
Domestic violence is a global phenomenon, cutting across caste, class, culture, religion, and ethnic boundaries. The status of women in India is not equal to the status of men in terms of, access, participation, and reward .Their situation owes its existence to the patriarchal & feudalistic structure of the society. Women are vital element of society and society’s progress depends lot on them. All societies strive to do everything possible to integrate women in all walks of life in an equitable and just manner. In the ever changing horizon the status of the women remains a fluctuating one. Domestic violence is the most serious violation of all basic rights that a woman suffers in her home at the hands of members within her own family. The manifold problems associated with domestic violence have been systematically exposed by data ands in depth work under taken by several people in the women’s movement. Domestic violence is not simply a legal problem, which can be eradicated by appropriate legal measures alone. It is very much a social and psychological problem and can be tackled adequately by bringing about fundamental changes in the social system and in the attitudes of people towards women and children. Legal remedies are good and helpful in so far as they act as deterrents and attempt to curb the tendencies to violence, but they do not strike at its root cause. They are no doubt bold attempts to get rid of domestic violence from the system, yet by themselves they can do little to tackle the issues involved. It must be recognized that in traditional societies legislation by itself is an incomplete solution to the problem of social change.
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India is a democratic country where justice is done to all. It works on the principle “let 100 culprits go free but not a single innocent person should be punished.” Doing justice to all, is the concept that has travelled through the ages. From the very old times we had courts and authorities which delivered judgments on various disputes. From this we have in the present day various courts at different levels like metropolitan court, district court, session’s court, high court, Supreme Court and various other courts at different level which decides cases at different level. But in the present date we have various cases pending in different courts whose number in increasing day by day. The courts take years to decide a case and the judgment is passed after eight-ten or even fifteen years or more. But it is something called as delayed justice and it is well said that “justice delayed is justice denied.” So, there should be some mechanism in order to serve the purpose at an appropriate time and in appropriate manner. There should be some control barrier but it does not mean at all that the very purpose should be forgotten because “justice hurried is justice buried”. So, we should basically focus delivery of judgment in a proper way in a proper span of time. Speedy trail is the essence of criminal justice and delay constitutes denial of it. While on one hand, reasonably expeditious trail is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21 of the Constitution of India. In this paper we discussed that justice delivery system fail to respond quickly to the cries of poor litigants. To get the cheap & speedy justice, both the govt. & the judiciary have to take special measures & introduce innovative idea. The ratio of judges is poor when we compare with USA, Australia & Canada. Alarming issue caused in Delhi gang rape case & there has a agitation for effective justice in short span & modification of criminal investigation within 7 days & punishment be finalised within 30 days to check the crime.
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