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Access To Justice

Rule of law is meaningless unless there is access to justice for the common people. Access to justice is one of the constitutionally recognized human and fundamental rights. Access to justice means to reach justice easily by legally proceedings in appropriate time. Delivery of justice should be impartial and non-discriminatory, state to taking all necessary steps to provide fair, transparent, effective, and accountable service that promote access to justice for all. legal aid programs are a central component of strategies to enhance access to justice.

Access to justice is often used as a term for access to the formal institution of the legal system by those in search of a remedy either individuals in a particular civil or criminal case or collectively in a group of action or constitutional challenges.

It is essential today for not only the effectiveness of the rule of law but also enhancing access to justice.

Access to justice?, In the civil justice system, it means that a person can learn about her right and then give voice to them through a neutral and nondiscriminatory formal or informal process that determine the fact, applies the rule of law and enforce result. Viewed through the lens of human right access to justice is the obligation of states to:
Construct a legal and institutional framework which facilitates access to independent and effective judicial and adjudicatory mechanisms and ensure a fair outcome for those seeking redress without discrimination of any kind.

The universal declaration of right, 1948. Gave recognition to two rights pertaining to access to justice in following ways:
Article 8: Everyone has the right to an effective remedy by the competent national tribunal for acts violating the fundamental rights granted to him by constitution or by law.

Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal in the determination of his rights and obligations and of any criminal charge against him.

In Anita kushwaha v. Pushap sudan[i] supreme court held access to justice a facet of right guaranteed under article 14 and 21 of the constitution of India.

The following are the four facets that constitute the essence of access to justice:
  • The state must provide an effective adjudicatory mechanism.
  • The mechanism so provided must be reasonably accessible in term of distance.
  • The process of adjudication must be speedy.
  • The litigants, access to the adjudicatory process must be affordable.
'But still unfortunately in India can claim to have adequate courtroom and adequate number of judges and judicial magistrate. There are still many number of cases are pending before trial courts and high courts because of lack of judges in courtrooms. These are the major problem in India for delivery a good speedy access to justice. There has been continuous inordinate delay in appointment of higher and lower judiciary which in turn piles up cases and delay the process.

Martin luther king jr, used the phrase in the form justice too long delayed is justice denied.
Access to justice not only about people seeking justice by court, but also endow justice within reasonable time period.

Preamble of the constitution of India also enshrined justice: social, economic, and political which means provide justice or access to justice to citizens of India in different aspect of social, economic, political.

Article 39 also help to fulfill the concept of access to justice which also enshrined equal justice and free legal aid for promotes justice.

Article 32 of Indian constitution which is also known as heart of our constitution, provide concept of PIL (public interest litigation) which helps to achieve the goals of access to justice. The PIL cannot be used in solving disputes of private nature. PIL was evolved with a view to render justice to poor & pauper, depraved, the illiterate and downtrodden who have either no access to justice or had been denied justice. PIL has been evolved by apex court of our country to bringing justice within easy reach of the poor.

If we look at criminal procedure code section 304 says that, legal aid to accused at state expense in certain cases: where, in a trial before the court of session, the accused is not represented by a pleader, and where it appears to the court that the accused has not sufficient means to engage a pleader, the court shall assign a pleader for his defence at the expense of the state.

State and Central government is established some authority to provide free legal service help to people as follows:'
  • National legal service authority (NALSA)
  • State legal service authority
  • District legal service authority
  • Supreme court legal service committee
  • High court legal service committee
'These are the various governmental organization mechanism to provide free legal aids plus speedy trials before court which helps to reach access to justice

I would like to conclude this blog here, that access to justice is one of the most important object of our democratic country. ordinary peoples expects this from court that they will get justice in the court, that's why peoples say so I will see you in the court because they hope that they will get access to justice through the court. Judiciary always play a vital role in democracy when no one listens to people, their court listens. Judiciary is free from bias and always protect citizens fundamental rights, civil, political, social, economic rights through access to justice.

A Judges is a very responsible person because he is directly or indirectly influence the society at large by deliver a judgments, order, bail, decree, etc. and peoples only hope that the decision will come in their favor. if people won't have access to justice, then rule of law is idle in democracy. thank you!

  1. AIR.2016.SC.
Written By Akhil Shrivastava - Currently A 4th Year Law Student In Dr.Harisingh Gour Vishwavidyalaya, Sagar. (M.P).

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