Tuesday, December 12, 2017
Home / Judicial Reforms

The current judicial system needs to be cleared of procedural complexities and hurdles to make it accessible for the common citizens. It must be strengthened to deliver justice quickly, efficiently and honestly. This section contains links and updates on various laws and policies (existing and proposed) and an analysis of the same.

Access of Poor and Delays in Justice

Who do these delays and backlogs impact the most? How do they impact access to justice? In case of the criminal cases, the poor people are the most affected. More than 70% of persons inside jails who are held on suspicion of having committed a crime are not able to pay the bail amount, which is very high. They are inside the jails for months and years, as they cannot afford a lawyer. …more

Values and Attitude towards the poor

  • Labour: After independence, the concept of social justice was introduced and the labour law developed more as a judgment law. There were various laws but with the intervention of judiciary, the labour law was moving in a progressive direction. The issues concerning the labour matters such as wage, minimum wage, fair wage, employment security, social security, etc. were initiated, right from the Express Newspaper’s case. …more
  • Urban Poor: One broad category of urban poor is the slum dwellers living in unorganized housing sector, having occupation of street vendors, rickshaw pullers, etc. This is the section, which has suffered the maximum onslaught of judicial decision in the recent past.…more
  • Rural Poor: This debate is quite crucial, which is reminiscent of what happened with judiciary during the period when India was trying to abolish Zamindari system and introduce land reforms. While reflecting on the judiciary and its impact on the rural poor, the most popular analysis is the class analysis but one should not confine to it alone, one should also consider caste analysis. We must also remember the indigenous people. …more
  • Public Interest Litigation: It is important to discuss about the reasons for developing a tool like Public Interest Litigation and how it has transformed recently. While criticizing judiciary one must not forget about the executive inactions of last ten years and the recent laws passed by the legislature. It is necessary to substantiate by two examples, one is aquaculture case which permitted the multinational corporations to have their aquaculture activities at the cost of the traditional fishermen.   …more