What are the challenges for common people in availing legal services?
Access to legal services in India is hindered by a range of systemic challenges that affect common people. The judicial system is severely overburdened, with a chronic shortage of judges and courts. With only 21 judges per million people, there is a massive backlog of cases—over 41 lakh cases pending in High Courts and more than 2.64 crore cases in District and Subordinate Courts. This results in significant delays, denying timely access to justice, particularly for those who lack the resources to navigate the complex legal system.
High Cost A Concern - The high cost of legal representation further exacerbates the problem, as many individuals, especially from lower socioeconomic backgrounds, cannot afford the fees of private lawyers. Although free legal aid services exist, there is widespread ignorance about their availability, and many people remain unaware of their legal rights. Justice Sharad Bobde once said that only 0.5% of Indians receive legal aid. The lack of transparency in the legal profession, coupled with issues such as nepotism, favoritism, and corruption, also creates barriers to accessing justice.
Social Stigma - Moreover, social stigma, particularly in rural areas, discourages individuals from seeking formal legal recourse, especially in sensitive matters such as divorce, property disputes, and criminal cases. Informal dispute resolution mechanisms, often governed by social and community pressures, are preferred over formal legal proceedings. Women, Dalits, Adivasis, and other marginalized groups face additional challenges due to gender and caste-based discrimination, which often manifests in reluctance from legal professionals to take on their cases.
Political Interference - Political interference in legal matters also exacerbates these challenges. In certain cases, political influence can alter judicial decisions, undermining the impartiality of the legal process and leaving common people vulnerable. The infamous ADM Jabalpur case during the Emergency is an example where political intervention shaped the outcome of judicial proceedings, affecting the rights of the public.
Inefficiency And Corruption - The inefficiency and corruption within the police system further undermine public trust in legal institutions, with the police often failing to register complaints or investigate cases in a timely manner. These factors collectively contribute to a crisis in access to justice, where the legal system fails to serve those who need it most.
What more can be done by the legal community to bring timely justice?
A comprehensive approach, involving both structural reforms and cultural shifts within the profession, is essential for improving efficiency, reducing delays, and ensuring broader access to legal services.
One of the fundamental obstacles to justice is the lack of legal literacy among the public. The legal community must take proactive steps to educate citizens about their legal rights and the judicial process. This can be achieved through national awareness campaigns to inform the public about their rights, the functioning of the justice system, and the availability of free legal aid.
Additionally, incorporating legal education into school curricula and conducting community-based workshops especially in rural and underserved areas will empower individuals to navigate the legal system more effectively.
The police department, which is the initial point of contact for people seeking justice, is another crucial component. Public trust is frequently weakened by police system's inefficiency and corruption.
The establishment of impartial oversight organizations is also essential for keeping an eye on police conduct while investigating into complaints. Digital case registration and tracking, can eliminate delays, expedite investigations, and improve transparency in law enforcement procedures by integrating technology into the police system.
What steps can be taken to fastrack millions of pending legal cases in courts?
One of the biggest obstacles to prompt justice remains the judiciary's backlog of cases. To solve this, the legal community needs to back judicial reforms, which include advocating for more judges and courts to accommodate the needs of an expanding populace.
The establishment of specialized courts for high-priority cases, such as those related to corruption, sexual violence, and other serious crimes, can further expedite justice delivery. Video conferencing for hearings, particularly in rural and remote areas, could also expedite proceedings and make justice more accessible.
The promotion of Alternative Dispute Resolution (ADR) mechanisms, should be encouraged to resolve civil and family disputes outside the formal court system.
What would be your message to the legal fraternity?
Legal aid services, although available, remain underutilized due to a lack of awareness and insufficient infrastructure. It is imperative for the legal community to ensure that these services are adequately staffed by competent lawyers and supported by the necessary resources to provide meaningful representation, particularly for marginalized and low-income individuals.
Political interference in legal matters poses a significant threat to the independence of the judiciary and the impartiality of legal decisions. Promoting judicial independence, coupled with transparent procedures for judicial appointments, is critical to maintaining public trust in the system. Thus, removing all the barriers can help in timely justice.
