CJI of India Expresses Concern Over Erosion of “Bail is Rule” Principle
Chief Justice of India (CJI) DY Chandrachud has voiced apprehension over the diminishing adherence to the principle of “bail is the rule, and jail is the exception” in district courts across India. Speaking at the Judicial Officers Conclave in Kachchh, Gujarat, the CJI expressed concern about the reluctance of district courts to uphold the personal liberty of citizens, calling for an examination of this emerging trend.
“There is a rising apprehension that there is restraint in district courts in matters concerning personal liberty. Bail is the rule is losing ground in district courts, and this trend needs thorough evaluation,” stated CJI Chandrachud, urging all district judges to provide insights into the reasons behind this shift.
During his speech, the CJI highlighted the challenges faced by the district judiciary, emphasizing the need for continuous evolution to maintain the faith of citizens. He addressed issues such as the overcrowding of courts, delays in case filings, and the importance of developing proper infrastructure.
CJI Chandrachud also raised concerns about the normalization of adjournments and case pendency, stating that such a culture has become part of the judicial process. He emphasized the urgency of decisions, ensuring that citizens do not wait for a judicial result until their lifetime, and advocated for access to justice to extend beyond access to courts.
Expressing anguish over the lack of facilities for women in the legal profession, the CJI highlighted that only 6 percent of district courts have women-friendly sanitary vending machines. He stressed the need for an inclusive workplace, addressing challenges faced by women in terms of washroom usage and childcare centers.
Additionally, CJI Chandrachud criticized the use of outdated gender stereotypes in court judgments emanating from district courts. He urged caution in using gender stereotypes, emphasizing that such judgments perpetuate biases and marginalize women within the legal system.
The CJI concluded his address by calling for a cultural shift in the interaction between the higher judiciary and the district judiciary. He advocated for dignity in the work done by the district judiciary, encouraging a change in the perception of the district judiciary as subordinate.
Justice Sanjiv Khanna, a Supreme Court judge, echoed the sentiment, emphasizing that judges must work truthfully to meet the expectations of the public, as their power is bestowed by the people to remedy wrongs in society.
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