Access to Justice in India
Access to the courts is considered a fundamental right for all citizens of India, ensuring that everyone has the ability to seek justice when their rights are violated. However, despite this principle, the reality is that many poor individuals face significant barriers in accessing judicial remedies. The judicial process can be complicated and expensive, often involving lengthy paperwork and significant legal costs, thus making it difficult for underprivileged individuals, homeless, or illiterate people to seek justice.
To address these barriers, the Supreme Court introduced the mechanism of Public Interest Litigation (PIL) in the early 1980s. This allowed any individual or organization to file a PIL on behalf of those whose rights were compromised, simplifying the legal process significantly. PILs have played a crucial role in cases addressing public issues such as bonded labor and the right to food.
A notable example comes from a PIL filed by the People’s Union of Civil Liberties (PUCL) in 2001, which led to the establishment of a mid-day meal scheme for children in schools. The Supreme Court recognized the right to food as part of the Right to Life under Article 21 of the Constitution, highlighting how the judiciary can ensure social justice through interpretation of rights.
Despite these advancements, there are still challenges that affect access to the courts, including judicial delays and a shortage of judges, which prolong the time taken for justice to be served. The phrase ‘justice delayed is justice denied’ encapsulates the frustration surrounding unnecessary delays in the legal process. Thus, while the judiciary has established mechanisms to provide access to justice, systemic issues still inhibit its effectiveness in ensuring justice for all.