Access to justice is a cornerstone of a democratic society. All persons should have appropriate means to resolve legal issues. If we talk about India, where people from different economic and social backgrounds live together. The quality of access to justice cannot be underestimated. This example and literary literature of law especially highlight the versatility of providing access to justice for all persons in India.
One of the basic tools for access to justice is that it can be done by promoting equality in society however discrimination increases many factors like financial, and lack of legal knowledge which always hinders the community. Efforts should be made to reduce such barriers and increase access to justice, which have always prevented marginalized communities from accessing legal proceedings conducted in affordable, cultural, and accessible ways. Many organizations such as free services, legal aid programs, and community legal clinics provide an important contribution in assisting people in need, as well as through legal empowerment initiatives to help people claim their rights. This can be done through mechanisms that empower people to actively participate in a justice system that promotes inclusivity and equality.
Pillar in democracy for access to justice
The legal concept is not only access to justice but also a fundamental aspect. In a democracy, the rights and freedoms provided by the Indian Constitution to all citizens in India are enforceable in an effective manner as Professor Upendra Baxi says,” Access to justice is a civil and political right of every citizen[1],” To uphold democratic principles on this fundamental role.
Access to justice is enshrined in Article 14 of the Indian Constitution which ensures that “The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”[2]. Further Article 39A says “The state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities[3].”
The relationship between the rule of law and access to justice has been highlighted by scholars in India such as a study by professor NR Madhava Menon and Madhava Menon (2002)[4] who emphasizes that access to justice is essential to maintain the rule of law. Because it ensures that legal rights are effectively enforced and helps individuals defend themselves against injustice.
Addressing socio-economic inequalities through access to justice
Socio-economic inequalities are significant in India where marginalized communities always face obstacles. When they try to reach justice. The importance of addressing these material inequalities is emphasized by a thesis by Justice VR Krishna Lyer (1987) in which he states that “the constitutional commitment to justice is so fundamental that a denial of justice on account of poverty is a negation of the basic principle of the Constitution[5].”
The Legal Services Authorities Act, of 1987 has established authorities at the district, state, and national levels to provide free legal services to the marginalized sections of the society and to ensure access to justice for all. The Supreme Court of India has recognized the importance of legal aid as we see in the landmark case of Hussainara Khatoon & Ors. vs. State of Bihar (1979)[6].
Apart from this, alternative dispute resolution methods like Lok Adalat and Arbitration have been promoted for cost-effective resolution and convenience as per the intensity of the case. Particularly for those who cannot afford their traditional litigation costs, research by Professor S.P. Sathe (2005)[7] highlights the potential for increasing access to justice and reducing the backlog in Indian courts.
Protecting human rights through access to justice
Access to justice is intrinsically linked to the protection of human rights in India. International conventions and judiciary play a vital role in the protection of human rights by analyzing and implementing the constitutional provisions as stated by Justice PN Bhagwati in Maneka Gandhi vs. Union of India (1978)[8], “The basic human rights implicit in the freedom and dignity of the individual are guaranteed by the Constitution and the courts have not only the power but also the obligation to protect and preserve those rights.”
There is much emphasis in the scholarly literature in India on the role of public interest litigation (PIL) in marginalizing and advancing human rights and ensuring access to justice. PIL allows organizations and individuals to approach the courts on behalf of those who are unable to seek legal redress on their own and whose rights are being violated. Bringing forward social justice in research by Professor Upendra Baxi (1985)[9] underlines the potential of PIL in their work to hold the state accountable.
Fundamental rights in India have been enforced by the Indian judiciary through judicial activism and broad interpretation, thus making the state officials accountable for their actions to protect human rights. In the landmark case of Vishakha vs. the State of Rajasthan (1997)[10], sexual harassment was recognized as a violation of fundamental rights, and in Navtej Singh Johar and Others vs. Union of India (2018)[11], before this case, homosexual relations were considered a crime but after the decision of this case, homosexual relations are not considered a crime and it was removed from the category of crime. Such landmark decisions show the role of the judiciary.
The protection of human dignity and access to justice are inextricably linked to human rights. Without effective access to legal remedies, individuals may be unable to seek redress for a variety of violations of their rights, such as denial of due process, discrimination, and arbitrary detention. International human rights instruments recognize access to justice as a fundamental right and place obligations on states to ensure that the legal systems they enact are accessible to all individuals without discrimination. There are legal precedents such as Airey vs. Ireland (1979)[12] and Gideon vs. Wainwright (1963)[13], that underscore the importance of access to justice in broadening the rule of law and promoting the protection of individual rights.
Conclusion
Access to justice in India is one of the fundamental principles that reflects the program of the democratic system in India. It is important to maintain the rule of law, eliminate economic and social conflict, and protect human rights. Judicial activism, legal aid, and constitutional provisions have brought about significant changes in access to justice in India, although many challenges still exist to advance access to justice in India and create a more inclusive society and justice system. Advocacy and investigation efforts are always very important.
References
- www.fastercapital.com
- https://www.graygroupintl.com
- https://lawbhoomi.com
- https://www.americanbar.org
- https://www.researchgate.net
[1] Baxi, U. (1986). Taking Rights Seriously, Through People’s Lawyering: Access to Justice in India. Buffalo Law Review, 35, 425-457.
[2] Article 14 of Indian Constitutional.
[3] Article 39A of Indian Constitutional.
[4] Menon, M., & Menon, N.R. (2002). Access to Justice: A Comparative Analysis of Cutting Edge Issues. Eastern Book Company.
[5] Lyer, V. R. K. (1987). Legal Aid to the Poor in India: Some Problems and Perspectives. Journal of The Indian Law Institute, 29(1), 1-14.
[6] (1979) 1 SCC 571.
[7] Sathe, S.P. (2005). Access to Justice in India: The Opportunities and the Obstacles. Vikalpa: The Journal for Decision Makers, 30(2), 9-12.
[8] AIR (1978) SC 597.
[9] Baxi, U. (1985). Taking Suffering Seriously: Social Action Litigation in the Supreme Court of India, Third World Legal Studies, 4(1), 47-66
[10] AIR (1997) SC 3011.
[11] (2018) 10 SCC 1.
[12] (1979) 2 EHRR 305.
[13] 372 U.S. 335 (1963).
Author: Dhiraj Kumar Saw, 4thh year law student at University Law College Hazaribagh Hazaribagh Jharkhand.
