NOTE4STUDENTS:
This article discusses the fundamental right to access justice and the barriers many face in exercising it. It highlights various challenges such as social, economic, and legal obstacles, while also addressing the steps taken by the government to ensure this right is upheld. UPSC often explores such topics in GS-II or GS-I, focusing on legal rights, reforms, and the government’s role in ensuring equitable justice. A common mistake during preparation is focusing only on legal terms without considering real-world implications. Many overlook the social, economic, and cultural barriers that hinder people’s access to justice. This article bridges that gap by highlighting these barriers and the efforts to address them. It provides a clear understanding of how laws and policies function to ensure justice for all citizens, particularly the underprivileged. A standout feature of this article is the comprehensive “Back2Basics” section, which ties fundamental rights with real-life examples. It simplifies complex legal concepts and offers clarity on how justice can be accessed in practice.
PYQ ANCHORING & MICROTHEMES:
- GS 2: Right to privacy is intrinsic to life and personal liberty and is inherently protect ed under Article 21 of the Constitution. Explain. In this reference discuss the law relating to D.N.A. testing of a child in the womb to establish its paternity. [2024]
- GS 2: Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard. [2015]
Microthemes: Fundamental Rights
The Supreme Court fined Rs. 1 Lakh on a dishonest person who kept filing unnecessary and baseless cases. The Court said that while everyone has the right to go to court, it should be used responsibly.
‘Right to Access to Justice’
- The Right to Access to Justice refers to the fundamental principle that individuals should have the ability to seek and obtain remedies through formal or informal institutions of justice for grievances.
- This right is rooted in the rule of law and ensures that all citizens, regardless of their background, can effectively resolve their legal issues and hold decision-makers accountable.
- Without access to justice, individuals may be unable to exercise their rights, challenge discrimination, or seek redress for wrongs they have suffered.
BARRIERS TO ACCESS TO JUSTICE
| Barrier Type | Point | Example |
| Social Barriers | Caste Discrimination | Dalits historically barred from drawing water from common wells in rural India. |
| Lack of Awareness | Villagers unaware of the Legal Services Authority Act, 1987, which provides free legal aid. | |
| Lack of Education | Illiterate farmers failing to understand the rights under land acquisition laws. | |
| Gender Discrimination | Rural women being discouraged from filing domestic violence cases due to stigma. | |
| Economic Barriers | Cost of Legal Representation | Undertrials unable to hire competent lawyers and depending on overburdened legal aid lawyers. |
| Court Expenses | Workers unable to afford transportation to distant courts to resolve wage disputes. | |
| Corruption | Paying police officials for FIR registration in cases of theft. | |
| Undertrial Delays | Over 75% of undertrials belong to economically weaker sections, as per NCRB reports. | |
| Legal Barriers | Procedural Delays | Delayed issuance of summons in civil disputes under Order V of the Code of Civil Procedure. |
| Inefficiency of the Police | Forensic delays where samples are sent to distant state laboratories for basic testing. | |
| Corruption within Legal Institutions | Bribes sought for simple tasks such as retrieving certified copies of judgments. | |
| Lack of Skilled Legal Aid | Poor representation of bonded laborers leading to the denial of justice in the Bandhua Mukti Morcha case. |
STEPS TAKEN BY THE GOVERNMENT TO ENSURE THE RIGHT
| Category | Initiative | Description |
| Legislative Measures | Legal Services Authorities Act, 1987 | Establishes Legal Services Authorities to provide free legal aid to the poor and marginalized. |
| Gram Nyayalayas Act, 2008 | Sets up village-level courts to ensure accessible, affordable, and quick justice for rural populations. | |
| Prohibition of Untouchability Act, 1955 | Criminalizes untouchability and discrimination, enabling equitable justice for marginalized groups. | |
| SC/ST Prevention of Atrocities Act, 1989 | Provides protection and expedited legal remedies for Scheduled Castes and Tribes against discrimination. | |
| Judicial Measures | Lok Adalats | Facilitates informal dispute resolution for pending and pre-litigation cases, saving time and costs. |
| Mobile Courts | Enables justice delivery in remote and underserved areas through traveling judicial services. | |
| Free Legal Aid in Courts | Provides state-appointed lawyers to indigents who cannot afford legal representation. | |
| Technological Efforts | e-Courts Mission Mode Project | Digitizes court processes, allowing online case status tracking, e-filing, and virtual hearings. |
| Electronic FIR Registration | Simplifies filing of First Information Reports to reduce delays and improve transparency. | |
| Awareness Campaigns | Street Plays and Public Education Programs | Raises awareness on rights, alternative dispute resolution mechanisms, and access to legal aid. |
| Digital and Media Outreach | Uses TV, radio, and digital platforms to inform citizens of legal rights and available government schemes. |
WAY FORWARD
The right to access to justice is an integral component of the rule of law and a key aspect of ensuring social equity and accountability. Enhancing these elements through targeted policies and judicial reforms can significantly improve justice delivery systems, especially for vulnerable and disadvantaged communities.
- Strengthening Legal Aid Mechanisms
- Expand the outreach and efficiency of existing legal aid services, including the National Legal Services Authority (NALSA).
- Introduce village-level paralegal volunteers to bridge the gap between marginalized groups and formal judicial systems.
- Digitization of Justice Systems
- Implement comprehensive e-Court initiatives for faster case processing and accessibility to case updates.
- Ensure widespread availability of online filing, virtual hearings, and digital grievance redressal mechanisms.
- Capacity Building for Legal Professionals
- Provide regular training and skill enhancement programs for judges, lawyers, and legal aid counsels to ensure efficient delivery of justice.
- Introduce mandatory courses on social justice and case management for legal practitioners.
- Awareness and Education Campaigns
- Conduct widespread campaigns to educate citizens about their constitutional rights and access to justice avenues, especially for rural and underprivileged communities.
- Utilize schools, community centers, and social media to inform individuals about legal aid, Lok Adalats, and grievance redressal forums.
- Reducing Procedural Delays
- Introduce stricter timelines for case resolution, with provisions for penalty in cases of undue delay.
- Increase judicial infrastructure by appointing more judges, improving case management systems, and deploying AI tools for data-driven decisions.
#BACK2BASICS: ELEMENTS OF THE RIGHT TO ACCESS TO JUSTICE
| Element | Definition | Substantiation (Data/Examples) |
| Availability of Legal Remedies | Individuals must have access to effective legal mechanisms to address grievances and seek redress. | – Vishaka vs. State of Rajasthan (1997): Guidelines for workplace sexual harassment. |
| – Habeas Corpus: Ensures individuals can contest wrongful detentions. | ||
| Affordability | Legal services should be economically accessible, with free legal aid for marginalized groups. | – Article 39A of the Constitution mandates free legal aid to ensure justice for all. |
| – Data: Over 21 lakh beneficiaries received free legal assistance via NALSA in 2021-2022. | ||
| Awareness and Information | Citizens must be informed about their rights and available legal processes. | – Know Your Rights campaigns by NALSA educate citizens on legal remedies. |
| – Example: Awareness campaigns by the National Commission for Women educate women on domestic violence and harassment laws. | ||
| Fair Procedures | Judicial processes should be transparent and equitable, ensuring equal opportunities for all. | – Maneka Gandhi vs. Union of India (1978): Emphasized the right to a fair hearing as part of Article 21. |
| – Implementation of live-streaming proceedings ensures transparency. | ||
| Physical and Legal Access | Includes physical ability to approach courts and adequate legal representation. | – Gram Nyayalayas provide access to justice for rural populations; over 400 operational Gram Nyayalayas have settled 25,000+ cases (2023 data). |
| – Legal aid clinics in law colleges offer representation to those in need. |
CONSTITUTIONAL PROVISIONS
| Category | Article | Key Features |
| Fundamental Rights | Article 14 – Right to Equality | Guarantees equality before the law and prevents discrimination in access to justice. |
| Article 21 – Right to Life and Personal Liberty | Declares access to justice a fundamental right, including fair trials, legal aid, and speedy justice. | |
| Article 22 – Protection in Cases of Arrest and Detention | Ensures legal safeguards for detained individuals, like the right to legal representation. | |
| Directive Principles of State Policy (DPSP) | Article 39A – Equal Justice and Free Legal Aid | Mandates the state to provide free legal aid and equal opportunities to access justice. |
| Article 41 – Right to Public Assistance in Certain Cases | Directs the state to support marginalized individuals in accessing legal remedies. | |
| Article 39 – Justice in Socio-Economic Matters | Promotes equal opportunity in the operation of the legal system. | |
| Other Constitutional Provisions | Article 32 – Right to Constitutional Remedies | Allows individuals to approach the Supreme Court directly to enforce fundamental rights. |
| Article 226 – Writ Jurisdiction of High Courts | Empowers High Courts to issue writs for the protection of rights and access to justice. | |
| Article 136 – Special Leave Petition (SLP) | Enables the Supreme Court to hear appeals in cases of justice denial. | |
| Article 300A – Right to Property | Protects against deprivation of property without legal process. |
