Compensatory Mechanism for Miscarriage of Justice in Cases of Prolonged Delay: The Case of India. (July 2021)

• Record Type: Journal Article
• Authors: Mishra, Abhinav
• Is Part Of: Asian journal of legal education. Volume 8:Number 2(2021)
• Page Start: 194
• Page End: 204
• Publication Date: 2021-07
• Subjects: Law -- Study and teaching (Higher) -- Asia -- Periodicals; 340.07115
• DOI: 10.1177/23220058211015689
• Languages: English
• ISSNs: 2321-0058

Abstract

There have been several studies on the issue of justice delayed, but no rigid step has been taken in lieu of the victims who suffer as a result of such dawdling processes. Despite the existence of a vast number of provisions in our current legal system, current legal remedies do tend to create an ex gratia obligation but not a statutory obligation for the state to compensate the victims of miscarriage of justice. There is a persistent need for an explicit and detailed law on this subject. The idea underlying this research is to portray the need for a rigid compensatory mechanism for prolonged delays in judicial processes and decisions. Thereby construing a need for strong legislative action towards this issue and reflect upon the grey area in Indian Legal Framework.