The hidden costs of judicial stress

The complex nature of obligations that judges are called upon to discharge, mounting work pressure due to extended backlogs, and increasing societal expectations have made judicial life increasingly stressful, leading to severe health and wellbeing consequences. The intersection of judicial wellbeing, judicial competence, probity, institutional independence, and public trust is delicately balanced. These are tightropes upon which an impartial judiciary must walk, fully aware that it is a human-run system capable of failing at multiple levels.

If a judge is expected to deliver justice with empathy, compassion, mercy, speed, and without bias, protecting judicial mental health and ensuring the preventive health and wellbeing of judges in every court becomes paramount.

In a country like India, where 5.5 crore cases are pending in various courts and litigants lose critical years due to delayed rulings, non-listing of cases, and adjournments, the judge must use judicial wisdom, diplomacy, tact, and interpretation of the law to deliver justice that spares life and years.

Sound, unbiased, speedy, and effective judgments can only come out of those courtrooms where the mental health of the judges is preserved, where their preventive health and wellbeing are nourished, and where their mindset holds compassion, mercy, and empathy, and not ego, sadistic pleasure, or natural indifference to the subject at hand.

Judicial stress is a globally recognised challenge faced by judges. Evolving research suggests that judges face increased workload, unnecessary paperwork, social isolation, familial pressure, societal expectations, and threats from engaging with the powerful and the influential, placing their working conditions under constant strain.

Additionally, long working hours in the courtrooms and chambers have health consequences such as gastrointestinal issues and frequent headaches. Long periods of sitting can lead to disc bulge and spinal changes triggering back pain; inadequate consumption of water can also have an impact on the kidneys.

Furthermore, the judges grapple with the challenges of interpersonal relations, work-related burnouts, personal and familial problems, annual confidential reports, Bar antagonism, and the tough scrutiny of media watchdogs. These engagements directly influence the health of the judges – from the trial courts to the Supreme Court – and indirectly influence the judgments they issue.

The Global Judicial Integrity Network under the United Nations Office on Drugs and Crime (UNODC) conducted a survey, which highlighted the wellbeing experiences of judges from across the world. About 758 judges from 102 countries participated in this survey. The findings showed that 76 per cent of the judges have no time to maintain their physical and mental wellbeing, and over 89 per cent knew of judicial colleagues experiencing stress or anxiety.

Distressed judges may exhibit signs of reduced temper and perception bias. The inappropriate observations they make during the hearings often indicate the shallow, perfunctory nature of their eventual judgments.

Addressing the challenges of failing judicial mental health calls for a multi-pronged, professional approach with humility at its core. The Nauru Declaration on judicial wellbeing provided guiding principles that can mark a beginning. Wellbeing training for judges is awfully lacking in many courts in the country; stepping this up will be a path in the right direction. Judges must be encouraged to participate in workshops on emotional regulation, preventive health, resilience building, stress management, and mindfulness. Ergonomics must be introduced into India’s courtrooms. Remote hearings can also be adopted periodically to ensure flexibility.

In a recent survey, it was found that a drop in public trust and confidence in the courts has negatively affected the mental health of many judges. Judicial integrity is closely linked to the mental and physical health of the judges. When the health of a judge is affected, the consequences are wide-ranging. When the health of a judge is protected and optimal, efficiency increases, empathy is assured, wisdom is channelled well, and the courtroom turns from a place of despair to a space of energy and balance.

The Chief Justices and judicial academies in the country must take note of these structural challenges and help develop a comprehensive framework for judicial wellbeing. Efforts on these lines can create a conducive environment that inspires hope and restores public confidence. The time to fast-track preventive health for the judiciary is now, before we hit the iceberg.

(The writer is honorary director of the Edward & Cynthia Institute of Public Health, Mangaluru)

Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.