India Launches 785 Evening Courts to Tackle Judicial Backlog

In a significant step to reduce the growing backlog of cases in India’s district courts, the Ministry of Law and Justice is set to launch 785 evening courts nationwide. These courts will address minor criminal offenses, property disputes, cheque bounce cases, and other matters carrying a maximum punishment of three years.

Functioning Hours and Infrastructure Utilization

As outlined in a concept note shared with all states last month, the evening courts will operate from 5 PM to 9 PM on working days, utilizing the existing court infrastructure without disrupting the regular daytime court activities. This initiative is designed to maximize the use of current judicial facilities, helping to alleviate the burden on the judicial system while ensuring no interruption in the regular court proceedings.

Appointment of Retired Judges and Court Staff

To ensure smooth functioning, retired district judges, who have retired within the past three years, will be appointed to preside over the evening courts. They will be compensated with 50% of their last drawn salary plus additional allowances. Similarly, retired court staff will be rehired on a three-year contract, with their previous salaries adjusted for cost-of-living increases.

Initial Focus on Minor Offenses

Initially, the evening courts will focus on cases related to minor offenses, specifically those punishable by up to three years of imprisonment. There are plans to expand the jurisdiction of these courts later on, potentially covering cases punishable by up to six years. The courts will primarily deal with cases under Section 260 of the CrPC, the Negotiable Instruments Act, and minor public nuisance cases.

Inspired by Gujarat’s Success

This innovative initiative draws inspiration from Gujarat's successful evening court experiment, which was launched in 2006 and expanded in 2014. The Gujarat model has proven effective in clearing backlog cases, making it a valuable reference for this nationwide initiative.

Addressing India’s Mounting Case Backlog

India's judicial system continues to grapple with a massive case backlog. As of February 21, 2023, over 46 million cases were pending, including 10.9 million civil cases and 35 million criminal cases. Alarmingly, 44.55% of these cases have been pending for more than three years. The shortage of judicial officers has further exacerbated the crisis, prompting the government to adopt innovative measures, like evening courts, to ease the burden and expedite justice delivery.

Objective: Faster Justice and Public Confidence

The government’s broader objective is to fast-track minor cases and reduce the burden on district courts, ultimately improving public confidence in the legal system. By addressing less complex matters during evening hours, the initiative aims to enhance judicial efficiency and reduce the case backlog significantly.

This initiative, if successful, could serve as a model for other states and nations grappling with similar judicial delays.