Abstract :
A fundamental right that guarantees equality and fairness in the legal system is access to justice. The inability of some people to access justice effectively, however, can result in injustice and a lack of protection for their rights. This paper offers a thorough framework for comprehending and overcoming the difficulties posed by access to justice. It examines the fundamental tenets, obstacles, and existing case law and literature that support everyone in society having equal access to justice, regardless of their social, economic, or cultural backgrounds.
In order to promote an inclusive and accessible justice system, the paper investigates the roles that different stakeholders, including legal systems, governments, legal experts, and civil society, play. It also offers recommendations for improving access to justice and closing the justice gap. The paper seeks to add to the ongoing conversation on expanding access to justice globally by addressing these problems and offering workable answers.
Keywords: Equality, Fairness, Legal Aid, Project 39(A), Legal Awareness, Article 39(A)
Introduction:
The ability of people and communities to seek out and achieve a just and efficient resolution of their legal difficulties, as well as the chance to take part in and have an impact on the decisions that have an impact on their lives inside the legal system, is referred to as access to justice. It includes both the availability of legal tools and the lack of obstacles that prohibit people from using those tools. The paper presents useful suggestions for removing obstacles and promoting an inclusive and accessible judicial system in an effort to contribute to the ongoing discussion on expanding access to justice globally.
Research methodology:
This paper’s research technique is essentially doctrinal in nature. To comprehend and examine the pertinent legal framework, a doctrinal method entails the systematic analysis and interpretation of legal writings, including legislation, case law, and legal principles. To compile and synthesise the already-existing legal information and analysis linked to access to justice, the research for this work mainly drew from secondary sources, including legal textbooks, academic papers, and commentaries. The assessment of current legal developments, trends, and difficulties in improving access to justice was built on the doctrinal methodology.
Review of literature:
- Literature review 1
“Bread for the Poor”: Access to Justice and the Rights of the Needy in India
By Marc Galanter and Jayanth Krishnan
In order to emphasise the discrepancies encountered by marginalised communities, particularly those in rural areas, the essay studies the impact of socioeconomic factors on access to justice, such as financial limitations, geographic accessibility, and cultural hurdles. Additionally, the writers investigate how Lok Adalats (people’s courts) and other non-litigation processes can help the poor have better access to the legal system. Galanter and Krishnan also stress the significance of legal empowerment through educational and awareness campaigns that aim to raise legal literacy to those without access and give those people the skills they need to exercise their legal rights and successfully traverse the judicial system. The essay ends by urging policy changes, additional funding for legal aid services, and the development of tools to track and assess the effectiveness of those services.[1]
- Literature Review 2
“Access to Justice in India”
By Mayukha Parcha & Anicham Tamilmani
The goal of the essay is to examine how many aspects of Indian society interact to make justice an elite concept within. The article also seeks to establish a link between constitutional provisions and their actual operational implementation. The article also addresses a few important rulings that have supported the right to access justice, as well as precedents that have stressed the importance of legal aid and the state’s unquestionable duty to provide everyone in its population the right to a fair trial. The essay finishes by stating that everyone should be aware of who to contact when they have a legal issue and shouldn’t be reluctant to do so. The State is required to make. By expanding the pool of people who can access legal services and lowering the cost of those services, we can help the State fulfil its responsibility to ensure that the general public believes that the judicial system is fair.[2]
- Literature Review 3
“Grappling at the Grassroots: Access to Justice in India’s Lower Tier”
By Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji
Khupkar, Kalindi Kokal, Satyajeet Mazumdar, Nupur, Gayatri Panday,
Aatreyee Sen, Aqseer Sodhi, and Bharati Takale Shukla
The goal of the article is to comprehend the structural causes and limitations that have an impact on how much Indian litigants can rely on the courts to uphold their legal rights. The Indian Supreme Court and the State High Courts, where justice is somewhat expedited because of the scrutiny given to the cases put forth, have benefited from decades of scholarly research on the legal system in India and the means by which people obtain justice. The vast majority of parties, including litigants, attorneys, and judges, operate in the lower tier, including the district courts, sub-district courts, specialised alternative bodies, and administrative, quasi-judicial tribunals, where it is anticipated that tens of millions of cases will be pending, many for more than ten years.
The paper also makes the case that although lower-level judges must be more forceful in defending the rights of claimants who are socioeconomically disadvantaged, they cannot achieve this on their own and that there must be some policy reforms that result in improvements in the judicial system. [3]
- Literature Review 4
Legal Education, Globalization, and Institutional Excellence: Challenges for the
Rule of Law and Access to Justice in India
By C. Raj Kumar
The goal of the paper is to effect change from the perspective of legal education and how it might be used more effectively in the age of globalisation. In a globalised society, law schools must contend with rising foreign competition and a shrinking role for the government. Law schools in India and improvements to the country’s legal education system are suggested. It looks at how India’s private sector might help public servants receive legal education. The essay suggests creating global institutions with international professors, programmes, and curricula in order to keep up with the changes brought on by globalisation.
This article also looks at the difficulties the Indian legal education system faces, such as poor infrastructure, difficulties finding qualified faculty and luring young lawyers to pursue academic careers, a dearth of research initiatives within Indian law schools, and the faculty members’ lack of access to academic freedom, as well as how a global university can overcome these difficulties and foster teaching, learning, and research environments.[4]
Legal provisions:
In India, access to justice is governed by a number of legal requirements and constitutional protections. Here are some key legal provisions in India that are relevant to access to justice:
- Article 14 of the Indian Constitution: The right to equality before the law is guaranteed by Article 14. It guarantees that no one will be denied equality before the law or equal protection under the law on Indian territory. This clause guarantees that everyone has unrestricted access to the legal system.
- Article 21 of the Indian Constitution: The right to life and personal liberty is protected under Article 21. It involves the ability to seek justice and compensation for fundamental rights abuses. The Indian judiciary has read Article 21 broadly to cover a variety of characteristics of access to justice, such as rights to a fair trial, access to legal representation, and protection of human dignity.[6]
- Article 39A of the Indian Constitution: The state is required by Article 39A to provide free legal aid and fair justice. It encourages marginalised and economically underprivileged groups in society to have access to justice. It underlines the necessity of offering legal aid, ensuring access to the legal system, and preventing unfairness brought on by financial or other impairments.[7]
Other than the above provisions, every act and even the constitution itself was drawn up to guarantee justice to every person who has been wronged. With the protection of fundamental rights, equitable and fair access to the legal system, and the availability of remedies for those seeking justice is the main objective behind these rules.
Landmark judgements :
Here are some of the landmark judgments which have paved the way for equal and fair access to justice among all the masses regardless of their economic or educational background.
Hussainara khatoon v. State of Bihar
The case had a profound impact on India’s ability to obtain justice. The lawsuit also addressed the problem of unjustly keeping convicts awaiting trial indefinitely while they can’t afford legal representation. According to this ruling, the court regarded the right to a speedy trial as a fundamental principle under article 21 and mandated that the state support individuals in need with free legal aid services. Through this judgement, the Supreme Court ruled that undertrial inmates who had been held without charge for a long time should be released in order to prioritise the need for prompt justice. [8]
This case served as a model for other lawsuits involving equal access to justice for all citizens of the country.
Khatri v. State of Bihar
The principle established by the Hussainara Khatoon Judgement was expounded upon in this instance. It stressed that denying free legal aid to an accused person would lead to a denial of justice and that the right to free legal aid is a crucial component of the right provided by article 21. The ruling confirmed that everyone, especially those who are economically disadvantaged, has a constitutionally guaranteed right to seek justice.[9]
State of Maharashtra v. Manubhai Pragaji Vashi
The ruling highlights that the right to free legal assistance is a substantive one that can be exercised in accordance with article 39A of the constitution rather than only being a formality. It also emphasises how crucial it is to create legal aid laws and put in place successful programmes to carry out the constitutional duty. [10]
Suk Das v. Union Territory of Arunachal Pradesh
This decision emphasises how important legal aid clinics are to improving access to justice, especially in rural and distant places where it is scarce. In order to successfully exercise their rights and seek remedies, those who have their constitutional rights violated must have access to legal assistance. [11]
Barriers –
Socio Economic issues including poverty, illiteracy, and a lack of resources can make it difficult to get justice. Many people, especially those from marginalised areas, could have trouble affording legal services and might not be aware of their legal rights and options. Due to India’s enormous size and diverse geography, ensuring that all regions have equal access to justice is difficult. Access to courts, legal services, and legal assistance is frequently difficult in remote and rural locations due to a lack of proper legal infrastructure.
India is a multilingual and multicultural nation. Legal processes are typically performed in English and Hindi, which may present difficulties for people who are not fluent in these languages, causing language hurdles to obstruct access to justice. The fair and equal treatment of people may also be impacted by biases and cultural disparities inside the legal system. Law enforcement system delays: Court congestion, backlogs, and delays are frequent problems in India’s judicial system. Long court hearings can delay the delivery of justice and put people at a disadvantage when trying to resolve their legal disputes quickly.
Stakeholders–
A fair justice system and equal access to legal remedies are significant goals that are promoted and ensured by a number of parties that are involved in access to justice.
Governments at all three levels—national, regional, and local—are important participants in access to justice. To guarantee that everyone has equal access to justice, they are in charge of developing and putting into practise legislative frameworks, policies, and programmes. This includes providing money for legal assistance programmes, setting up and sustaining courts and other methods of alternative conflict resolution, and passing legislation that safeguards people’s legal rights. Legal professionals such as solicitors, judges, and others are essential participants in the justice system. To those seeking justice, they offer legal services, advocacy, and counsel. Legal professionals are also involved in promoting equal access to justice, enhancing legal aid programmes, and pushing for legal reforms.
Access to justice depends on non-governmental organisations (NGOs), advocacy groups, and community-based organisations. They frequently aim to remove structural barriers to justice, provide legal aid services, educate marginalised people about the law, and address systemic hurdles to justice by offering legal information and education. Governmental or non-governmental legal assistance organisations give free or inexpensive legal services to people who cannot afford private counsel. By ensuring that impoverished and marginalised communities have access to legal aid, these providers hope to close the justice gap.
Through research, policy analysis, and training, educational institutions, notably law schools and legal research institutions, support efforts to increase access to justice. They contribute to the creation of novel strategies to improve access to justice, the execution of empirical research on the effectiveness of the justice system, and the instruction of aspiring solicitors about the significance of equal access to justice.
To create comprehensive strategies, programmes, and initiatives that advance access to justice and eliminate systemic hurdles within the legal system, these stakeholders frequently cooperate and work together. A just and inclusive justice system that upholds the rights and interests of all people depends on their combined efforts.
Principles of access to justice –
- Rule of Law: The rule of law is based on the tenet that everyone should be subject to and protected by a just and equitable legal system. Access to justice is one of its core tenets. It guarantees the openness, accountability, and transparency of laws and legal procedures, establishing a foundation for resolving conflicts and defending individual rights.
- Equality and Non-Discrimination: Promoting equality and preventing discrimination require access to justice. It guarantees that everyone has an equal opportunity to seek legal remedies, get a fair hearing, and be treated impartially within the legal system, regardless of their financial level, gender, race, ethnicity, disability, or other characteristics.
- Legal Protection of Rights: People who have access to justice are able to uphold their legal rights and seek justice for their wrongdoings. It offers a method for resolving human rights violations, safeguarding vulnerable groups, and looking for justice. Without access to justice, people may not be protected, which would perpetuate systemic injustices and prevent them from taking action against wrongdoing.
- Social Cohesion and Stability: By offering a peaceful means of resolving conflicts, lowering tensions, and fostering a feeling of fairness and trust throughout society, access to justice supports social cohesiveness. People are more likely to trust the legal system to address their issues and defend their rights, which promotes social stability and a just and peaceful society.
- Development and Economic Growth: The ability to access justice is essential for promoting economic growth. It makes it possible for people to carry out economic activity, uphold contractual obligations, defend their property rights, and seek redress in court for business conflicts. Investments, business confidence, and an atmosphere that supports economic growth all depend on a strong and accessible judicial system.
- Democratic Participation: Participation in democracy is intimately related to access to justice. It guarantees that people can take part in decision-making processes, oppose unfair laws or policies, and hold government officials responsible. Access to justice supports democratic principles and improves governance by giving people a voice in the judicial system.
Scope of art. 39A and impact on recent developments
- Legal Aid Services: Legal aid services have been established and increased nationwide as a result of Article 39A. To offer free legal aid and services to the disadvantaged and economically weaker segments of society, the National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs) have been established. Through their provision of legal aid, counsel, and representation, these institutions significantly contribute to facilitating access to justice.
- Lok Adalats and Alternative Dispute Resolution: Alternative dispute resolution procedures like Lok Adalats (people’s courts) have risen in popularity in India as a result of Article 39A. Under the auspices of legal services authorities, Lok Adalats work to quickly and amicably settle disputes. Through informal, economical, and quick conflict settlement techniques, they have played a significant role in easing the load on courts and advancing access to justice.
- Prisoners’ Rights: The protection of prisoners’ rights has mostly been accomplished through the use of Article 39A. As a result, prisoners awaiting trial who cannot afford legal counsel now have the right to legal aid. This has aided in ensuring that persons who are poor and accused of crimes have access to justice and the right to a fair trial.
- Public Interest Litigation (PIL): In India, the growth of public interest litigation has been impacted by Article 39A. PIL enables people or groups to petition the courts on behalf of socially disadvantaged or marginalised groups. This system has been helpful in addressing issues with social justice, human rights violations, and access to justice.
- Legal Reforms and Policy Initiatives: Aiming to improve access to justice, Article 39A has inspired legal reforms and policy efforts. It has served as a motivator for policies including the establishment of e-courts, legal assistance offices, mobile courts, and campaigns to raise public awareness and legal literacy. These initiatives seek to close the justice gap and improve access to and participation in the legal system.
- Emphasis on Social Justice: The dedication to social justice in the constitution is shown in Article 39A. It acknowledges the need to address economic inequalities and guarantee that everyone has access to justice, regardless of their financial situation or other limitations. This principle has inspired recent advances and efforts, focused on strengthening underprivileged people, removing obstacles, and fostering inclusivity within the legal system.
Suggestions to enhance access to justice-
- Encourage the development of legal education and awareness initiatives aimed at the general public, particularly underprivileged groups. People can seek justice by learning about their legal rights, accessible remedies, and available channels. The ability to successfully traverse the legal system increases with increased legal literacy.
- To make legal processes, forms, and documentation easier to use and understand for the general public, they should be simplified. For those with little legal expertise, succinct wording in legal documents can lower barriers and improve access to justice.
- To guarantee that people who cannot afford legal representation have access to free or reasonably priced legal advice, counselling, and representation, legal aid services should be strengthened and expanded. This includes expanding the financial support for legal aid programmes and expanding their accessibility to isolated and underserved regions.
- To provide quicker, more affordable, and more accessible options for resolving conflicts outside of the traditional court system, encourage the use of alternative dispute resolution techniques like mediation and arbitration. Court workloads can be lessened and more flexible, individualised solutions can be provided by ADR processes.
- Utilise technology to improve public access to justice. This can entail creating electronic file systems, virtual courtrooms, online legal information portals, and remote access to legal services. Technology can make justice delivery more effective and cross regional divides.
- Pro bono legal services should be offered by solicitors to anyone who cannot afford legal counsel. Encourage a pro bono culture within the legal profession by highlighting and rewarding attorneys who work to increase access to justice.
- Encourage cooperation between various stakeholders, such as government bodies, lawyers, civil society organisations, and local leaders. Develop collaborative initiatives and exchange information, expertise, and best practices to increase access to justice.
- To ensure judges and court staff are aware of the difficulties experienced by marginalised groups and to advance fair and impartial treatment for all people, conduct training and sensitization programmes for them.
- Through legal education, community legal clinics, and empowerment initiatives, empower people and communities. People can effectively express their rights and use the legal system by being given the necessary tools and resources.
- Create systems for gathering information on indicators of access to justice and for assessing the success of efforts. Gaps may be found, progress can be assessed, and data-driven techniques can help with decision- and policy-making that is supported by facts.
- Maintain a constant review and reform process for laws and policies to make sure they adhere to the access to justice principles. Determine structural obstacles and discriminatory practices within the justice system and address them.
Conclusion:
In order to ensure a just and equitable judicial system that upholds the rule of law and defends individual rights, the problem of access to justice is of the utmost significance. The notion of access to justice, its importance, the stakeholders involved, the pertinent legislative framework in India, and recommendations for improving access to justice have all been thoroughly covered in this research paper. We can create a more inclusive and accessible justice system that meets the needs of the most vulnerable members of society by tackling socio economic gaps, bolstering legal aid programmes, encouraging legal literacy, and utilising technology.
AUTHOR
Name of the Author:- Vidhi Chhabra
College Name :- Institute of law, Nirma University
[1] Marc Galanter & Jayanth K. Krishnan, Bread for the Poor: Access to Justice and the
Rights of the Needy in India, 55 Hastings L.J. 789 (2004).
[2] Mayukha Parcha & Anicham Tamilmani, Access to Justice in India, 2 INT’l J.L. MGMT. &
HUMAN. 393 (2019).
[3] Jayanth K. Krishnan , Shirish N. Kavadi, Azima Girach & Dhanaji Khupkar, Grappling at
the Grassroots: Access to Justice in India’s Lower Tier, 27 HARV. HUM. Rts. J. 151
(2014).
[4] C. Raj Kumar, Legal Education, Globalization, and Institutional Excellence:
Challenges for the Rule of Law and Access to Justice in India, 20 IND. J. GLOBAL
LEGAL Stud. 221 (2013).
[5] INDIA CONST. art. 14
[6] INDIA CONST. art. 21
[7] INDIA CONST. art. 39(A)
[8] Hussainara Khatoon & Ors v. Home Secretary, State Of Bihar, AIR 1979 SC 1369
[9] Khatri and Ors v. State of Bihar and Ors, AIR 1981 SC 928
[10] State Of Maharashtra v. Manubhai Pragaji Vashi, AIR 1996 SC 1
[11] Suk Das & Anr v. Union Territory Of Arunachal Pradesh, AIR 1986 SC 991