The Supreme Court of India recently emphasized the critical importance of the Right to Access to Justice while penalizing a petitioner for filing multiple frivolous litigations that unnecessarily burden the judicial system. Read here to learn more.
The Right to Access to Justice refers to the fundamental principle that every individual should have the ability to seek and obtain a remedy through formal or informal justice systems for grievances or violations of rights.
It is an essential component of the rule of law and is crucial for ensuring fairness, equality, and accountability in a society.
The recent SC penalty due to frivolous litigation shows that right to access to justice even if the cornerstone of justice is not absolute.
Frivolous Litigation
- Lawsuits lacking any substantial basis in law or fact, are often filed to harass, delay, or abuse the judicial process.
- Impact:
- Strains judicial resources.
- Delays genuine cases.
- Undermines public trust in the legal system.
- Case References:
- Subrata Roy Sahara vs Union of India (2014): Highlighted the misuse of judicial processes for personal gain.
- Dalip Singh v. State of Uttar Pradesh (2010): Declared frivolous litigation as a serious abuse of law.
- K.C. Tharakan vs State Bank of India & Ors (2023): Affirmed penalties for vexatious litigations.
Right to Access to Justice: A Fundamental Pillar of Democracy
A fundamental principle of the rule of law, ensuring individuals can seek and obtain remedies for grievances through formal or informal justice mechanisms.
- Constitutional Provisions:
- Article 14: Guarantees equality before the law and equal protection of the laws.
- Article 21: The right to life and personal liberty includes the right to access justice as a part of a fair trial and due process.
- Article 39A: Directs the state to provide free legal aid to ensure that justice is not denied to any citizen because of economic or other disabilities.
- Judicial Interpretation: The Indian judiciary has expanded the scope of the right to access justice through various judgments. For instance:
- In Anita Kushwaha v. Pushap Sudan (2016), the SC declared Access to Justice a Fundamental Right under:
- Article 14: Right to Equality.
- Article 21: Right to Life and Personal Liberty.
- Hussainara Khatoon v. State of Bihar (1979): Emphasized the importance of speedy trials as a part of the right to life and liberty.
- State of Maharashtra v. Manubhai Pragaji Vashi (1995): Recognized the need for free legal aid as essential to access justice.
- In Anita Kushwaha v. Pushap Sudan (2016), the SC declared Access to Justice a Fundamental Right under:
Judicial Innovations
- Public Interest Litigation (PIL):
- Liberalized locus standi, allows individuals or organizations to file cases on behalf of marginalized groups.
- Examples: Landmark cases in environmental protection and human rights enforcement.
- Alternative Dispute Redressal (ADR):
- Mechanisms like Lok Adalats, Mediation, and Arbitration facilitate grievance redressal with lower costs and reduced formalities.
Key Components of Access to Justice
- Availability: Courts, tribunals, and dispute resolution mechanisms must be adequately distributed and equipped to serve all sections of society.
- Affordability: Justice should be affordable, ensuring that economic constraints do not hinder access. Legal aid is crucial in this regard.
- Accessibility: Physical and procedural barriers, such as complex legal jargon or geographic inaccessibility, should be minimized.
- Awareness: Citizens must be aware of their rights and the mechanisms available to seek redress.
- Efficiency: Timely justice delivery is critical to prevent denial of justice.
Efforts to Enhance Access to Justice in India
- Free Legal Aid:
- Provided under the Legal Services Authorities Act, 1987.
- Established institutions like the National Legal Services Authority (NALSA) to provide free legal services to eligible individuals.
- Alternative Dispute Resolution (ADR):
- Promotes arbitration, mediation, conciliation, and lok adalats to resolve disputes efficiently and cost-effectively.
- Technology in Judiciary:
- e-Courts Project: Digitization of court records, virtual hearings, and online case status tracking.
- Use of Artificial Intelligence for case management and reducing pendency.
- Special Courts:
- Setting up fast-track courts and family courts to address specific categories of cases.
- Pro Bono Services:
- Encouraging lawyers to provide free legal assistance to the underprivileged.
Designing Innovative Solutions for Holistic Access to Justice in India (DISHA)
Access to Justice Division implements a Central Sector Scheme to further the cause of access to justice namedย โDesigning Innovative Solutions for Holistic Access to Justice in India (DISHA)โ.ย
The component schemes under DISHA include:
- Tele-law: Reaching the unreached
- Nyaya Bandhu (Pro-bono Legal Services)
- Nyaya Mitra
- Legal Literacy & Legal Awareness Programme.
This Division also deals with matters related to the National Legal Services Authority (NALSA) including:
- Release of grant-in-aid to NALSA;
- Laying ofย Annual Accounts of National Legal Aid Fund, Audit Report of the C&AG and Annual Report of NALSA and Legal Services Authorities of UT; and
- Representations/grievances received from the public for legal aid.
Implementation Strategies:
- Digital Ecosystem Development:
- Scaling up existing platforms like e-Courts and National Judicial Data Grid (NJDG).
- Integrating DISHA with Digital India initiatives for seamless technology adoption.
- Legal Aid Expansion:
- Strengthening the network of Legal Services Authorities to provide free legal aid.
- Deploying mobile legal services in rural and remote areas.
- Community Engagement:
- Partnering with NGOs and grassroots organizations to disseminate information and address localized issues.
- Promoting mediation and Lok Adalats for faster dispute resolution.
Global Perspective on Access to Justice
- United Nations:
- Recognizes access to justice as a part of Sustainable Development Goal (SDG) 16: Promote peaceful and inclusive societies, provide access to justice for all, and build effective institutions.
- International Frameworks:
- The Universal Declaration of Human Rights (Article 10): Guarantees the right to a fair and public hearing.
- The International Covenant on Civil and Political Rights (Article 14): Ensures equality before courts and tribunals.
Challenges in Ensuring Access to Justice
- Judicial Backlog: Over 4 crore pending cases in Indian courts, exacerbated by frivolous litigation.
- Cost Barriers: Legal expenses remain prohibitive for many, despite free legal aid provisions.
- Awareness: Lack of knowledge about rights and legal remedies, particularly in rural areas.
- Infrastructure: Inadequate number of courts and judges to handle the volume of cases.
Way Forward
- Discouraging Frivolous Litigation: Imposing stricter penalties and costs on vexatious lawsuits.
- Strengthening ADR Mechanisms: Expanding and promoting ADR options to reduce pressure on courts.
- Legal Awareness Campaigns: Educating citizens about their rights and the judicial process.
- Judicial Reforms: Filling judicial vacancies and digitizing court processes for efficiency.
- Policy and Legislation: Introducing laws to address frivolous litigation comprehensively.
Conclusion
The right to access to justice is a cornerstone of a fair and democratic society. Ensuring that it is robust and inclusive is essential for the realization of justice for all.
The Right to Access to Justice is indispensable for upholding democracy, equality, and the rule of law. However, its effective realization requires systemic reforms, strict action against abuse, and widespread awareness among citizens.
Frequently Asked Questions (FAQs)
Q. What is the right to access to justice?
Ans: The right to justice gives access to justice to all the citizens of the nation as well as foreigners alike which provides meaning to every other existing right like the right to freedom of religion under the constitution. Article 14 combined with Article 15 obliges the state to remove the inequalities and backwardness.
Q. What is the DISHA scheme?
Ans: The DISHA initiative is an ambitious program aimed at transforming access to justice in India. It emphasizes leveraging technology, innovative processes, and public-private partnerships to ensure equitable and efficient access to the judicial system.
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-Article by Swathi Satish
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