Rule of Law: Obstacles

Rule of Law: Obstacles

Question: India is accorded as one of the leading 50 countries for an effective criminal justice system but it is the worst performing when it comes to civil justice. Discuss

• As per the Rule of Law Index, India’s overall rule of law performance places it in the third position from six countries in the S. Asian regions

• It was placed 10 out of 25 amidst middle income countries and 59th of 102 nations across the globe

• Top performer in the world in the Rule of Law Index was Denmark , while it was Nepal in South Asia

• India’s performance for criminal justice has placed it at 44th rank globally, number 1 in South Asia and number 4 among lower middle income countries

• Surveys analysed if criminal investigation and adjudication system is effective, extent to which it lacks corruption and impartiality and rights of accused were protected

• In complete contrast, corresponding ranking in civil justice for the nation is 88 internationally, third in South Asia and 19 among lower middle income nations

• Survey looked at accessibility to civil justice as well

• India obtained a high rank in the category of Open Government being placed 3rd among lower middle income nations and 37th internationally using the following dimensions to measure government openness-publicised laws and government data, RTI, complaint mechanisms and civic participation

• In the category of order and security, it did not perform so well being placed 90th globally, 4th in South Asia and 20th among lower middle income nations

• Measures for this category comprise absence of crime; absence of civil conflict, including terrorism and armed conflict; and absence of violence as a socially acceptable means to redress personal grievances

• Less than half the people surveyed showed faith in the system’s ability to deliver justice

• While the index was topped by Denmark, Norway, Sweden and Finland were placed at second, third and fourth place

• All 4 nations scored above 0.85

• India has notched a score of 0.51 placing it on the 59th position

• Denmark topped the index overall as well as as categories Constraints on Government Power and Absence of Corruption

• The index is topped by Sweden in the Open Government category

• Finland topped the index in Fundamental Rights and Criminal Justice

• Japan topped the index in Order and Security

• The index was topped by Singapore and Netherlands regarding Regulatory Environment and Civil Justice

Facts and Stats

• The Rule of Law Index 2015 released by US origin World Justice Project analyses 102 countries across the globe to assess how rule of law has been experienced by citizens in nations

• It employs 47 indicators across 8 categories — constraints on government powers, open government, fundamental rights, absence of corruption, order and security, regulatory enforcement, civil and criminal justice.

• India third place among the BRICS countries, which has been led by South Africa (36) followed by Brazil (46), China (71) and Russia (75).