Author: Harshal Chhabra, Student at Gujarat National Law University
Co-Author: Rudraksh Sharma, Student at Gujarat National Law University
ABSTRACT
The right to a speedy trial is a fundamental aspect of due process and ensures that individuals accused of crimes are not subjected to lengthy and unjustified delays in the adjudication of their cases. The paper begins by analyzing the international framework surrounding the right to speedy trial. It explores various international conventions, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which recognize and protect this right. The paper also examines relevant jurisprudence from international courts and tribunals, highlighting the evolving interpretations and standards regarding speedy trial rights.
Moving to the Indian context, the paper delves into the constitutional framework and legal provisions that safeguard the right to speedy trial. It explores Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, and its interpretation by the judiciary. The paper examines landmark cases that have shaped the understanding and implementation of this right in India.
Next, the paper analyzes the challenges and concerns surrounding the right to speedy trial in both global and Indian contexts. It examines factors contributing to delays in the criminal justice system, such as case backlogs, procedural complexities, and resource constraints.
Furthermore, the research paper explores the measures and reforms undertaken by various jurisdictions, including India, to address delays in the trial process. It examines the role of technological advancements, case management systems, and alternative dispute resolution mechanisms in expediting trials and reducing backlog.
Lastly, the paper concludes by providing an analysis of the Indian position on the right to speedy trial. It highlights the importance of balancing the need for expeditious justice with ensuring fairness and due process. The paper emphasizes the significance of systemic reforms, adequate resources, and efficient judicial administration in upholding the right to speedy trial and strengthening the criminal justice system.
