Addressing NHRC's 'Consultation on Violence Against Women', he said "very less" number of courts is impeding speedy justice in the country and speedy justice cannot be delivered until there are more courts.
The rights panel organised the consultation to firm up suggestions to curb crime against women in the backdrop of the gang-rape and brutal assault on a 23-year-old girl in south Delhi last month.
"So many people are suggesting so many ways of punishment and that serious punishment should be inflicted (to culprits). At NHRC we cannot agree with some of the comments (suggestions) made," he said without mentioning the demands.
Among various punishments, there have been demands for death penalty or chemical castration for rapists. The Justice J S Verma committee is looking into suggestions made in this regard.
"Sometimes we think there is something very serious with our criminal justice system. I don't think there is any serious flaw in our criminal justice system. Of course, we are not able to provide speedy justice to the victim because we don't have enough courts. That is one major issue which nobody has thought of it.
"..There is the question of speedy justice. It is not possible unless there are more and more courts. Judges are not appointed. Magistrates are not selected. There should be drastic changes," Balakrishnan, the former Chief Justice of India, said.
He said there was an unprecedented outrage against the Delhi gang-rape.
Quoting official statistics, Balakrishnan said Delhi has recorded over 400 rape cases in 2011 but the number is half in Mumbai or other cities. "Why is it so? We have to examine this," he said.