[WIP] Critical and mandatory changes needed in justice system of India TODO Pending items

1. CJI should act like a ceo who delegate and monitor projects aimed at improvement of judiciary. He has spent all his career writing judgments and in this last 1 yr, let him focus on delivery of projects which can fix the shortcomings he has observed in his whole career spanning multiple decades.

2. If I am not in same state, I need to have right to virtual hearing. In cases like matrimonial matters where one party might even be overseas, virtual hearing should be default and mandatory. Only in villages where both parties are uneducated (studied till class 5 or less), they can demand physical hearing even though this is debatable as my 6 yr old nephew easily attends his classes using virtual calls.

3. All payment to advocate should be done through online payment only. Advocates need to be classified as service providers and should also come under CP Act. Physical exchange of money should be banned which encourages black money in system. A short walk in any street across the country and most real estate and luxury cars are owned by advocates. An escrow account be created where money is deposited by litigant to be paid to advocate and the money should be paid according to the stage of case. Advocates shouldn't take money and then stop working. Also, there's no reason why advocates should not be charged gst or pay income tax like any other professional.

4. Make it mandatory to file petitions, replies online. Make websites user friendly so that it is self serve for a lot of people - at least for top 20% educated and aware section of society. Set automated reminders, let people ask for adjournment on automated systems and judge time should be utilized in only looking at the facts and giving judgments. The quality of presentation should be reduced in favor of quality of facts and evidences. Let judge come up with question which each party responds. Judge may not even need to hear out parties. Let them submit their arguments in writing and let Judge pass the order in majority of cases. The parties can make submissions at 3 am in the night. Judge may deliver an order at 5 am in morning. All working according to their schedule and conveniences instead of running around in courts and doing formalities. Only in rare cases, Judge should seek verbal arguments where too many back and forth might be required in writing and let judge seek all information in 1-2 such verbal sessions and gather information necessary to pass a judgment.

5. Corollary to 4, this will enable everyone to see copies of orders, petitions from online system only. There is no need to go to court, fill forms, submit in drop boxes and spends months to just get copy of order or petition. Anyone who has gone through it knows that getting a certified copy of petition is such a harassment in itself. What else could be more shameful!

6. Automated case scheduling: Two cases under same section and everything being equal, yet, one case gets frequent dates every 2 weeks and other case gets long dates of few months. The difference is in one case, advocate is high profile and in other case, it's ordinary advocate. Or the cases for bail applications are delayed while the cases related to political rivalry, political defamation cases gets orders in 1 day. To fix this, we need to have completely automated system to schedule cases. A new case is fed into the system and it assigns it a new date based on the scheduling algorithm. 

7. Interim applications for Child visitation where a parent is seeking visitation rights should be decided within 24 hours. There's no bigger crime in society than not letting a parent see face of his/her own child. India cannot fail and fall to this level. This is CRIMINAL act by a country! 

8. Gender Neutrality in all laws and acts. If a woman is facing an issue, it is most likely a man or a transgender is also facing the issue. Laws and acts should be directed towards the malaise, social and criminal issues and not focused on a gender. Because Women form the majority and any woman appeasement schemes looks good in eyes of other people, it is nothing more than majority appeasement where majority of people would be happy. When it comes to law, most focus should be on equality between any two people irrespective of whether they are drawn from minority or majority group. Gender neutral bill as private member bill.

9. State/Central fund for maintenance of deserted & divorced women and children: In maintenance proceedings, women always want a lot, men always cry to give even a little. But why? Women are driven by greed to loot maximum sum from someone whom they hate from bottom of heart and probably hold responsible for spoiling their entire life and happily use the power of state to steal from men. Men are driven by anger and reason to not give anything to someone who has not contributed in reaching where they are today and someone who has spoiled their entire life and how unfair it can be to pay to someone without any responsibilities or duties or "services" done by the other party. It is futile to determine who is right and wrong. It will differ from case to case. Humans are the worst of all animals.
So, the solution is such idiot monkeys are very less in number (proportionately to whole population). Put a divorce cess on divorced couples if needed, use that cess and other funds by state to support all men, women and children. Estimate how much money is needed. Estimate the differences. Try innovative methods to make it a reality.  So much money is flowing into useless orgs like NCW, State women commission, WCD, private women ngos are getting 1000s of crores and all the money is just filling coffers of few individuals who are buying skyscrapers in newyork and switzerland. Why can't India better utilize that money? A rich or poor children may have similar need for clothing, housing and education. A rich husband maybe pay more and a poor husband maybe pay little only. Let them pay willingly also to a state fund which will be used for predefined purpose - like only education of children or clothing of children? Do you think everyone would try to shy away from paying? I dont think so. I think people will happily contribute to it. A divorced man often have change in perspectives and would be happy to donate for education of children if state is not putting a gun on his head to pay 'unfairly' to a person whom he hate so much. Even people not involved in litigation would happily donate to it. Other countries might have neve tried this. India can innovate and do much better in such areas of fairness, justice, equality. Other countries don't have the talent that we have in every street and we have shamefully failed and let down our brightest people. Not anymore.

10. [Todo - make it more concrete & clear] Need for clear definition and mechanism to identify misuse of law. A person gets acquitted due to lack of evidences. I can make random blame on anyone which is false. How does law determine my claim to be false? What is the minimum bar? Why this minimum bar is not specific to each section of IPC instead of blanket chapter X and Chapter XI of IPC which are somehow not serving the purpose.

11. Advocates should be allowed to advertise themselves and solicit clients. Their should be easy way to see all cases fought by an advocate in the past to understand his arguments and experience. Advocates are important link between a distressed person and court but finding & trusting an advocate is the hardest process.

12. All degree colleges need to include Law as a mandatory subject. Civil law, law of torts, Criminal law, IPC, Crpc, Jurisprudence are critical subjects that every citizen must learn. It is expected that engineering colleges will make these mandatory by including 2 subjects per semesters in first four semesters. In remaining 4 semesters, some research & social service related topics can be introduced where the goal should be to research and share the research with law commission & law ministry. Examples are prisons management, right of undertrials etc.

14. It should be mandatory for all prisoners to enroll into a degree course. The only exception would be to youngsters in the group of 18-30 years who want to train for sports full time to compete at national & international level and can pass some basic physical evaluation test. These should be special pan india jail for specific sports, say a jail for training wrestlers, jail for taekwondo or badminton or chess or basketball or football or hockey or cricket, you get the idea! For the studious folks, there should be a tie up with university who will provide online classes and an online device will be provided by govt from which only university classes can be accessed. Free course books will also be provided and prisoners need to pass the exams. University credits can also be used to reduce prison term. And you should be able to continue your education if you get released before completing the degree.
People who are convicted for longer duration might wonder the use of studying and obtaining a degree. Education is a goal in itself. Secondly, philosophy, literature & other subjects can be chosen and an inmate can took to writing, studying history etc. Possibilities are unlimited once education opens your mind.

15. I am really getting tired of hearing all these debates around marital rape, false accusations of rape etc. We can kick all of it out which can silence both toxic feminists and our Lilliputian MRAs is the agreement on recording of consent and the evidence or proof. I propose two things -
1) Every time a woman alleges rape, she need to confirm it medically that a sexual intercourse happened and dna is matched. If she says, she was kidnapped for several days post intercourse, she need to show sign of physical injury and fight. If she says she did not fight because of fear, it should not be accepted because any reasonable woman will protect her honor and dignity at the cost of her life and she is expected to fight. In 1:1 where only a male is involved, the standard of proof has to be much higher unless woman can prove she is physically much weaker than man due to her physical condition like handicapped, blind or some other physical diseases affecting her natural strength.
2) First dealt with standard of evidence. Second deals with recording of consent. There should be a mechanism to digitally record consent before every sexual activity. The consent should remain valid for next 6 hours. The consent should be on a govt sponsored app which at all times monitors your location. When you login to record your consent, you should have a button to hit SOS which will alert police also. In rarest of rare event where you are forcibly kidnapped and coerced into hitting the button on app, there should be a limitation of 12-24 hours or when you are away from the company of your kidnapper whatever happen sooner. So, if you had sex with your boyfriend, but you spent 3 days with parents after that before reporting to police, it will not be considered because you should have reported it within first hour of getting in touch with your parents and you have equal duty to know law under the fundamental duty of all citizens.

16. SC should work with some law university to create a certification for persons intending to appear as advocate (for themselves, for other people, for intervention in PILs etc) without bar council registration should be able to register themselves for appearing in particular matter - say criminal law, crpc, ipc, cpc, company law, constitutional law etc.- and if they pass the test, they should be able to present their arguments or make written submissions. The whole process should be online based to remove limitations of distance.

17. 100% recording of all courts and whenever any senior advocates are making the submissions, it should be used as a learning by all citizens of the country who can use those skills to seek justice. It is criminal to miss the teachings of Ram Jethamalani when they stood before the courts and talked about the law. We all could learn from it and advance the field of law. We no longer have any excuse to not do this. Whether it is Mr Singhvi or Sibal or TUshar or KK Venugopal appearing before the court, we cannot afford to not learn from them. Since we can't go into past and fix our mistakes, we can at the least "open source"/"make publicly available" all the written submissions in old cases which are now closed. Old can be cases closes since 30 years with no possibility of reopening.

18. Obtain gender diversity numbers from different govt and private schools and Challenge lack of gender diversity in schools and the biasedness of the system in selection of female teachers only. It's expected that current gender diversity should be 90:10 in favor of female teachers and this has always been the case since decades.

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