India has a long and splendid legal culture, and the ancient Indian legal system once spread to Southeast Asia and East Asia along with religion. After India became a British colony, the legal system underwent great changes, and the grafting of the English common law system and Hindu law was gradually completed in more than 100 years.

Although Indians have always been known for their contentious and argumentative nature, they are one of the most reluctant to go to court. Foreign companies based in India should try to resolve disputes privately with locals, as going to court in India is a headache.

Litigation in India - Slow!

Amirhui, who was born and raised in Mumbai, India, every time he passes by the residential area of Kavoi, he will see a half-built unfinished building on the side of the road. More than a few years have passed, and the building has not changed at all, not even the scaffolding that has been erected on the lower floors has not been moved, but the exterior wall has left more traces of wind and rain. Is it the developer's lack of funds, or is there another reason?

Later, I learned that several landowners of the building had been fighting over their rights, and the lawsuit had not been concluded for decades, and as a result, the building had not been completed after 40 years of construction. It is said that there are not a few such things, and in India, most people are reluctant to go to court because they can't afford to delay or consume.

To give a more intuitive description, from now on, it will take 320 years to clean up the case!

India's judiciary is notoriously slow and inefficient, and it is not uncommon for a lawsuit to go unresolved for 40 years. I heard that the backlog of pending cases in the courts of India is the highest in the world, with 31 million cases awaiting adjudication in the 21st century, and it will take 320 years to complete these cases at the current rate of trial!

The inefficiency of the Indian judiciary is due to the lengthy and protracted nature of the proceedings. Indians are inherently "slow four-pace" in doing things, and vigorous and resolute behavior is almost impossible to see here.

Most judges start work at 10 a.m. and leave at 4:15 p.m. each day, with a one-hour lunch break in between; Some people also have the habit of drinking afternoon tea, which often takes half an hour; This is not that Amirhui feels mad, but even more outrageous is that there are so many festivals in India, and almost all of the judges must celebrate the holidays, which even more crowds out the trial time

In addition, Indians love to debate, and a case always has to go through endless defenses, appeals, and remands, which makes the litigation process indefinitely prolonged, and as a result, criminals finally escape justice.

The second reason is that India has a scarcity of judges, with only 1.3 judges per 100,000 population, which is one of the smallest in the world in terms of the number of judges in the total population. Moreover, in the course of the trial, the judge enjoys absolute discretion, and in all aspects of the trial, various personnel, such as court staff, prosecutors and police, have abused their power to solicit bribes, all of which waste a lot of time in handling cases.

India's chief ** officer, Shah's estimate, is even more alarming, he said that India's New Delhi High Court has a mountain of cases, even if the average case only takes five minutes to hear at high speed, the backlog of 7 to 80,000 cases plus the continuous new cases will take at least 466 years to complete. At least 600 of these cases are more than 20 years old.

So in light of that.

A lawyer recommended by the president of Sunshine Publishing suggested to Amirhui that he bribe the judge privately. "Even if you don't mention justice, if you don't want to be dragged to death by time, then I strongly recommend that you make a deal with the judge in private."

"It's a good solution."

In the office of lawyer Pillay Gujaira, a middle-aged lawyer in his forties.

"It's just terrible!" Little Lori Dixit was next to Amir Hui and whispered to Amir Hui with a disgusted face.

Amir Hui patted her arm and signaled her not to get excited, but it was difficult for him to accept it in his own heart, he was just a dog, don't be so cheating, even if the efficiency is slow, a fart case will drag on for hundreds of decades, and everyone will die and still make a yarn!

- It's a beep dog!

- It's a beep dog!

- It's a beep dog!

Well, it's too hard to accept when you say something important three times.

As if he hadn't heard Dixit's words, Pillay Gujara glanced at Amir Hui and Amir Yu, Hui's father and mother, who had come with him, and sighed, "As for the choice, it's yours to choose."

Finally, he said, "After all, you are my client, and this thing is not honorable."

To be honest, this lawyer is also embarrassed, on behalf of the justice of the law, a lawyer should suggest to his client to pay a bribe to a judge, it is not good to hear, but this is the current state of Indian law.

As Pillay Gujara just said to Amirhui, even though the Supreme Court has taken a priority approach to some major cases, serious cases like murder sometimes take up to 15 years to be processed. "There are so many cases that traffic accident cases need to wait 30 years."

In the long wait, many witnesses have died, and even the best of the parties or witnesses have difficulty keeping the details of the crime in their minds, so some murders have to go unchecked.

In India, where only a small percentage of murderers are eventually convicted and punished, and Indian law itself is very cautious about the imposition and execution of the death penalty, so the number of death sentences is low.

Fearing that Amirhui would not believe them, the lawyer also handed them a file: "In the fifteen years from 1960 to 1975, only one person in the country has been executed - a security guard was sentenced to death by hanging for murder and rape of an underage girl, and this was still in the context of public outrage in the capital." ”

In 1984, the hydride leak at the United States Union Carbide pesticide plant in Popal, India, killed 15,000 people, causing the worst chemical disaster in human history. Over the years, people have continued to die from the after-effects of poison gas, with a total of 25,000 deaths. The case was not decided until June 7, 2010.

In the 23 years that the case has been opened, 12 judges have heard the case, heard 178 eyewitness testimony and reviewed more than 3,000 documents. 8 people involved in the case were convicted of "dereliction of duty"; The court convicted the remaining seven Indian executives after the death of one of the indicted executives, but did not immediately announce their sentences. Several of the seven defendants are already in their 70s, and they will be sentenced to up to two years in prison under this charge

After the verdict was announced, large numbers of survivors and family members of the victims gathered in the city of Popal in central India chanting protest slogans. They argue that the judge's conviction is too light and that justice has come too late more than 25 years after the case was concluded.

And Anderson, the owner of Union Carbide, who was also accused in the case, and his henchmen have long since absconded, and if anyone files an appeal over this, given the inefficiency of India's judicial system, these elderly defendants may die of old age before the retrial, and there is no need to go to jail at all.

・・・・・・

So the advice of lawyer Pillay Gujara is, for now, the best option. Otherwise, if it is really not good, it is really likely to drag Amirhui, a 15-year-old young man, to 95 years old

Well, the premise is that you can live that long

Little Lori snorted and stomped her feet hatefully: "Do you just watch that bastard publishing house continue to slander Amirhui and show off her might!" ”

"Brother Hui"

"Amir Hui"

"Xiaohui" listened to the lawyer's advice, Amir Hui's family and Dixiter they all looked at Amir Hui, and Hui's parents didn't think about going, because Amir Hui had already proved that he had grown up, and in this case, they would only support him firmly and without hesitation!

Turning his head and seeing everyone's encouraging eyes, Amir Hui's heart warmed and he felt very warm. After thinking about it, in the end, Amirhui had a faint smile on his face, and resolutely refused:

"No way!"

"I will not allow any fraud in this matter, if you want to do it, I will go to court in a dignified manner!"

The lawyer smiled bitterly: "Mr. Amir, although I said that. If you don't want to be bribed, and you don't want to be dragged to death by time, you can go to court. ”

Seeing that his face changed, the lawyer hurriedly said: "Generally speaking, civil disputes are not willing to go to court easily, which will not only cost the people and money, but also will not help, and the best way is to be private." In the event of a traffic accident in our country, there will be some enthusiastic outsiders to help judge the case; If you have to go to court, you may have to wait ten or eight years, and although the incident of a celebrity like you and a big publishing house will speed up, I am afraid it will not be too ideal. ”

Seeing his employer, Amir Hui and their group, they all looked sad.

Pillay Gujara concluded: "Some foreign companies entering India would rather suffer than go to court there. For companies that value efficiency, entering the Indian judicial process is tantamount to pushing themselves to a dead end. A Singaporean businessman told me that his business entered India more than a decade ago, and when it first started, he went to the local court to sue when there was a dispute over business with Indians.

Later, I found that it was an unwise choice to go to court for a lawsuit, because the court dragged on for several years or more than ten years, and I couldn't afford to pay for money and time. Later, after spending a long time in India, he learned that most local enterprises will join industry associations, and if there is a dispute between enterprises, mediation by the industry association can quickly solve the problem. In the future, whenever he encountered disputes, he went to the relevant industry associations, and finally got satisfactory results. ”

Amir Yu and the others looked at Amir Hui again, and when they heard the lawyer's words, Hui's mother was moved to think about whether to ask her family for help. When Hui's mother was uncertain, her son had already made a decision.

Amir Hui smiled and waved his hand: "Don't do it, just go all the way to the court!" Don't bother with this kind of thing. ”

Dixit didn't come back to her senses a little, she blinked and said, "What? ”

Amirhui's eyes narrowed into a line, and the expression on his face was faint, but he couldn't see joy or anger.

He said to the lawyer: "Mr. Gujaira, please do your best to help me fight this relationship, if there is anything you need to ask, I know everything, in short, this war of honor, I have settled." After a pause, he added: "I have to fight for as long as I want, and I'm not the only one who is injured anyway." ”

"Good" Pillay Gujara couldn't help but admire when he saw that he had made such a decision, and that he could still make such a decision despite all the difficulties.

There was a lot of talking.

Speaking of this, Pillay Gujara finally said something satisfying: "Actually, with your original manuscript, handwriting, and creative materials, if you have been reviewed by professionals and must be typed, I believe that you have a good chance of winning in the end." ”

"Of course. Justice will be on my side. Amirhui also laughed, and laughed: "Because I won't lose." ”

"Haha that's right" Everyone secretly admired Amir Hui for being able to joke calmly in this situation, this kind of bearing is really not something ordinary people can have!

In fact.

There is another way.

The delay in handling cases by Indian judges has long aroused public outrage among the country's people. However, it was not until October 2010, in the 21st century, that Indian courts embarked on a "verdict marathon" in order to solve the problem of slow acceptance of cases as soon as possible: hundreds of judges completed 100,000 cases in a single day.

In the "people's courts", which are designed for speedy adjudication, hundreds of judges are quickly resolving these old backlogs, some of which have been delayed for as long as 40 years, at a rate of 10,000 cases per hour.

Under pressure from the backlog of cases and growing complaints, the Government of India has adopted the "People's Tribunal" to implement a "quick cut-out" resolution as a back-up procedure for routine adjudication. If both parties involved in a case are unwilling to endure a long wait and are willing to accept a speedy judgment, then the case can be brought to the "people's court" for a speedy conclusion.

Although the "people's tribunal" has received a lot of criticism for its speedy trial method, it has indeed played a role in resolving the backlog of cases.

But for now, it will be decades before such a trial system is implemented, so Amirhui can't afford to wait, and vice versa, Red Deer Press.

Eventually, the lawsuit went to trial!