The pursuit of justice is intricately tied to the principles of equality, yet
the use of English in higher judiciary proceedings poses a significant obstacle
to equal access to justice. This challenge is particularly pronounced in rural
areas and among socially deprived groups. In this analysis, we explore how
language and associated expenditures in the legal system hinder the realization
of equal justice, emphasizing the need for awareness campaigns, legal aid, and
technological solutions.
Language as a Barrier:
The English language, prevalent in the higher judiciary of countries like India,
becomes a formidable barrier for a substantial portion of society. Understanding
judicial procedures, accessing legal documents, and comprehending judgments in a
language not widely spoken exacerbate disparities in legal knowledge. Although
the Supreme Court's initiative to publish judgments in regional languages is a
positive step, this approach needs broader implementation.
Addressing Linguistic Gaps:
Legal aid institutions play a pivotal role in bridging linguistic gaps. By
providing support in local languages, they enable individuals to comprehend
their rights and navigate the legal system effectively. Embracing technology in
legal aid services further democratizes access to justice. The dissemination of
legal information through digital platforms ensures a wider reach and empowers
individuals to seek redressal without being hindered by language barriers.
Cost Implications:
One of the most significant barriers to justice is the cost associated with
legal proceedings. A substantial portion of the population, particularly in
rural areas, finds it financially burdensome to pursue legal remedies. To
enhance equal access, there is a pressing need to reduce the overall cost of
obtaining justice. This could involve subsidizing legal services, streamlining
court processes, and advocating for policies that alleviate financial burdens on
individuals seeking justice.
Promoting Awareness:
Creating awareness among the populace about their legal rights is paramount.
Initiatives to educate people about their rights and the avenues available for
legal aid must be widespread. Empowering individuals with knowledge ensures they
are not only aware of their rights but also equipped to seek legal assistance
when necessary. Judges, as educators, play a crucial role in disseminating this
information to both students and the broader public.
Global Perspectives and Best Practices:
The Supreme Court's initiative to publish judgments in regional languages sets a
commendable precedent. Other countries can emulate such practices to make legal
information more accessible to diverse populations. The consensus among top
judges globally, advocating for the implementation of the right to legal aid
even before an arrest, underscores the urgency of addressing these issues on an
international scale.
The Concluding Note:
Equal access to justice is a fundamental tenet of a just society, yet linguistic
barriers and associated costs hinder this principle. By promoting awareness,
leveraging technology, and adopting inclusive language practices, societies can
pave the way for a more equitable legal system. The commitment of top
judiciaries to make legal information accessible in regional languages is a
positive step, but sustained efforts are required to ensure justice is truly
within reach for all.
Disclaimer:
Ideas, thoughts, views, informations, discussions and interpretation expressed
herein are being shared in the public Interest. Readers' discretion is advised
as these are subject to my subjectivity and may contain human errors in
perception, interpretation and presentation of the fact and issue involved
herein.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and
Trademark Attorney
Email:
[email protected], Ph no: 9990389539
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