India has been found to rank 27th among 35 countries in providing civil access to justice, according to the World Justice Project’s Rule of Law Index, a new tool designed to measure countries’ adherence to the rule of law. Strengths in open government and other areas were also found.
Formally unveiled for the first time in Washington, Thursday, the Index provides new data regarding a variety of dimensions of the rule of law—such as whether government officials are accountable under the law, and whether legal institutions protect fundamental rights and allow ordinary people access to justice.
“The rule of law is the predicate for the eradication of poverty, violence, corruption, pandemics, and other threats to civil society,” said William H Neukom, WJP Founder, President and CEO. “Every person on this planet deserves a fair shake, but far too many of them live in communities without justice, and therefore without hope. This is intolerable.”
According to the study—which introduces 37 indicators on the rule of law for 35 countries—India’s lowest scores are in the area of access to civil justice, where it ranks 27th out of 35 countries indexed. Some of the problems within the civil justice system include a deficient enforcement and the lengthy duration of cases. In this last area, India ranks last, trailing behind countries like Kenya and Pakistan.
For instance, according to a Rule of Law Index poll of 1,000 people in Mumbai, Delhi, and Kolkata in 2009, only 26 per cent of the people who went to court for a debt collection had the conflict resolved in less than a year. This figure is much lower than the number for other middle-income countries like Dominican Republic (64 per cent), Colombia (49 per cent), and Morocco (39 per cent).
Another area of concern is the prevalence of bribery and undue influence in enforcing regulations. In this category, India ranks fourth from the last.
India scored highest among middle-income countries and 9th on the global ranking in the area of open government. As reported by the study, people in India have better access to official information —including legislative drafts, government contracts, and budget figures— than do individuals in countries such as Argentina or South Africa. Similarly, Indians have higher degrees of participation in the administration of the laws than individuals in most other Asian countries.
India also obtained high marks in other rule of law areas, including limited government powers (checks and balances), and clear and publicized laws, where the country ranks first among middle-income countries.
“The Index measures how laws are implemented and enforced in practice and affect people’s lives,” said Juan Botero, Director of the WJP Rule of Law Index. “Comparable, reliable and comprehensive data on these issues are not sufficiently available today; the Rule of Law Index intends to fill this void.”
The Index’s rankings and scores are the product of a rigorous data collection and aggregation process. Data comes from a global poll of the general public and detailed questionnaires administered to local legal experts. To date, over 35,000 regular citizens and 900 experts from around the world have participated.
The Index currently covers 35 countries around the world and is set to expand to 70 countries by 2011 and 100 countries by 2012.
