Access to Justice for the Socially and Economically failed

Article for Blog Post Writing Competition 2011 | by Nikkita Singh


May 20th, 20115:12 pm


In the words of Prof. Sidgwick: “In determining a nation’s rank in political civilization, no test is mote decisive than the degree in which justice as defined by the law is actually realized in its judicial administration.”

Our India was independent on 15 august, 1947. We people became free from Britishers rule and smell the feeling of freedom. Our freedom fighter thought that after independence all people will get their right and duties , and one main thing that is justice………..  But it is still not possible for people who are socially and economically backward. There are many reasons like costly judicial administration, pending cases and lack of awareness etc.

These people are not able to beg for their justice because they do not know how to proceed in the court. Poverty ties their leg to not go for justice in the court. Because of this poverty they are unable to demand for their justice.Thier are certain disadvantages of legal justice also. One disadvantage is that it is very rigid. Law has already been laid down in precedents. It is not always possible to adjust it to the changing needs of society. Society may change more rapidly than legal justice and may result in hardship and injustice in certain cases. Judges act upon the principle that “hard cases should not make bad laws”. Its have too much formalities and technicalities. Judges attach more importance to legal technicalities than they deserve. They give more importance to form than substance. It is too complex also. Modern society is becoming more and more complicated and if made from time to times codify or simplify the legal system but very soon law becomes complicated.

So if it is difficult for general people, so how we can imagine that it is easy for socially and economically backward classes.

As regard advantages, legal justice ensures uniformity and certainty in the administration of justice. Everybody knows what the law is and  there is no scope for arbitrary action. Even the judges have to give decisions according to the declared law in the country. As law is certain, citizen can shape their conduct accordingly. There is impartiality in the administration of justice. Judges are required to give their decisions according to the pre determined legal principles and they cannot go beyond them. Law is not for the convenience of the judges or the judges or for any particular individual. Law is already laid down and judges have to act accordingly. It is in the way that impartiality is secured in the administration of justice.

But this advantage is only for those people who know the law and justice very much, not for that people who know nothing about the procedure of justice. There are many steps so that these people can get justice:

  1. Lawyers are first human being –Lawyers are first human being than they are professional in their field. They can do their work toward social justice. In today era mostly lawyers take more than lakh rupees for particular case. If they go to village for one day only and help the poor farmers, then they will be feel relief that they are not corrupted. They can use there profession by doing such helpful work. By doing this types of helpful work they will get the blessing of poor people and become successful in their life. Lawyers have to be understand that money cannot buy everything, if they use it properly by helping poor people then they will called as real lawyer.
  2. Justice to everyone –Our constitution say that every people have equal right in their life. But truth is different. In our country 30% people get less than 50 rupees and 80 million people sleep without eating full plate food. In India the percentage of education is still low and corers of people live in kacchi basti.Womens are suffering in a very hypothetical condition still now. We have to give the awareness of law and justice to them so that they can proudly say that “SAARE JAHA SE ACHA HINDUSITA HAMARA”.
  3. Establishing Para legal system-In madhya Pradesh one university had started Para legal system in which        they give the knowledge about justice system and people’s right and duties, in the village. If this system will started by every universities, community than no people will be left to know about justice system.
  4. Organizing seminars- If we organize seminars on this topic than it will benefit for motivating not only lawyers, judges but student also. Student can play an important role to spread the awareness of justice among the poor people. If law student  organize legal aid and do their internship on this topic then they can not only gain  the knowledge  about law and justice,,,,  but also encourage the people for demand of their  justice.

Like RBI’s, its main consideration is to work for people interest  and welfare of country ,and profit is second consideration, which is different from ordinary bank, whose main aim is only profit.

Similarly lawyers have to work for people interest and welfare of country. By this our country will progress and become develop.

Still independence our country is far from justice.”63 “year had gone and the condition of economically and backward class is still as same as before. People have no trust on elected people because after election these people are not fulfilling the demand of poor people. Corruption is increasing day by day. Rich people are becoming rich more and poor people are becoming more poorer.

In social work also, corrupted people are searching for money………..this is really bad.

Public interest litigation (PIL) is come in front of people as a helper.

In modern times, what is given by the courts to the people is not what can really be called justice but merely justice according to law. Judges are not legislators and it is not their duty to correct the defective provisions of law. Their only function is to administer the law of the country. It is rightly said that “ in the modern state , the administer of justice according to law is commonly taken to imply recognition of fixed rules.”

It is public justice that carries the sword and the scales and not private juctice

 

“””””” Jai hind”””””

Article by-

Nikkita Singh

Student, B.A LL.B 2nd Year

Jodhpur National University

[Submitted as an entry for the MightyLaws.in Blog Post Writing Competition, 2011]

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