ACCESS TO JUSTICE
It is the duty to safeguard the rights of citizens of India, particularly those of the underprivileged. The vast majority of people of India lives in condition of extreme poverty and is denied access to justice. Quite a large number of them are ignorant and illiterate and unaware of their legal rights. These poor brethren are victims of social inequalities and are afraid to raise their hands and assert their rights. Such groups of exploited people live in bondage and unless a concerted effort is made to free them from economic captivity, the dream of social equality will remain unfulfilled. The legal system must play a positive role to translate this constitutional philosophy in to a hard reality.
We must painfully admit that our legal system has become notorious for its delay and expense. The fee of layers have sky rocketed. It is difficult even for a middle class man to engage a reasonably good layer to fight his case. The services of those at the top can be afforded only by rich and corporate bodies. Even when poor litigant is provided the services of a layer this imbalance of professional competence survives. Present day litigation is the delay in the dispensation of justice. This delay in disposal of cases is having a deleterious effect on the administration of justice. In the first place, delay breeds litigation. Many litigants come to court with unsustainable causes in the hope of extracting something from the other side by abusing the time consuming process. Secondly, the delay introduces frustration which soon results in disgust for the legal system. This has negative effect since it leaves a brooding since of injustice which has occasionally manifested in disrespect for the courts.
The decline in the prestige and image of the legal profession should be a cause for concern to everyone connected with the justice delivery system and it is high time that need to take hard look at where we have faltered and make a serious effort to repair the damage by taking coercive action. The profession has withstood onslaughts from eminent personalities.
If we are to uphold the pristine glory of the profession, we must ensure that members of the profession do not descend to levels which would adversely affect its reputation and dignity.
The members of the legal profession are being blamed even by our elected representatives for the inordinate delay in the disposal of cases.
Wednesday, February 16, 2011
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