Veroli Zhimo
Access to justice is a basic principle of the rule of law without which people are unable to have their voice heard, exercise their rights, challenge discrimination or hold decision-makers accountable. Yet, effective legal assistance remains out of reach for the majority of Indians.
In India, the cost of legal advice and representation are seen as the obvious obstacles in accessing justice. But besides economic disadvantages, illiteracy and ignorance about litigation processes are also universal barriers faced by different members of the community when it comes to access to justice.
Similarly, there is a crisis of delays that has engulfed the country’s judicial process that needs urgent responses at multiple levels of decision-making.
In this scenario, the call made by Chief Justice of India (CJI) DY Chandrachud for Courts to simplify the process of litigation and make it more citizen-centric gains significance as access to justice is now more critical than ever.
Speaking at the Constitution Day celebrations held at the Supreme Court in New Delhi on November 26, the CJI underscored that making the justice delivery system accessible to everyone is the greatest challenge that the Indian judiciary faces today.
He said that it is of supreme importance that the courts are remodeled to reach out to the people instead of the people reaching out to the courts in their quest for justice. “To ensure that the courts reach out to the people, it is essential that the process of litigation is simplified and made citizen-centric,” said justice Chandrachud.
Placing judicial accessibility in the Naga context, the gap between legal needs and the services available has been exacerbating systemic inequities and disadvantages; and it will only continue to grow unless reforms— legal, judicial and institutional — are initiated in order to fill the gaps.
One such important reform is to expedite the establishment of a separate High Court for Nagaland; a need that has been long-felt in the State and most significantly, an impediment that often affects the ability of the legal system and judicial process to respond to injustices.
Among others, the imperative of access to justice also demands that laws are made accessible and comprehensible for citizens so that they know when their rights are being violated and what their legal options are. This would include decrypting and shedding the archaic colonial parlance, still used in legal correspondence, which are largely incomprehensible to the layperson. Along with this, ensuring high-quality, affordable legal aid should also be a priority so that citizens have a strong chance at a fair trial, regardless of economic or social background.
At present, using technology to streamline case management processes in courts is one area that has seen advances. Similarly, several awareness campaigns have been organised all across the state by the Nagaland State Legal Services Authority from time to time, in order to create mass awareness.
Along these lines, supporting and driving accountability in police and prison systems, so these agencies uphold the law and legal procedures with sensitivity to the rights of victims, convicts, under-trials and the most disempowered is another critical step to improving access to justice.
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