WEBVTT 1 00:00:00.040 --> 00:00:08.884 Music 2 00:00:32.137 --> 00:00:36.973 Hello, Hello Everybody, Myself Dr. B.S. Patil. 3 00:00:37.322 --> 00:00:38.997 Today, I am making a presentation 4 00:00:38.997 --> 00:00:41.767 on behalf of my colleague Kim Couto. 5 00:00:42.298 --> 00:00:46.211 The content writer of this module one is Kim Couto and 6 00:00:46.211 --> 00:00:48.522 I am making a presentation on her behalf. 7 00:00:49.529 --> 00:00:53.124 The module one is relating to Access to Justice 8 00:00:53.322 --> 00:00:56.886 and Analysing of its Concept, History and Evolution. 9 00:00:59.123 --> 00:01:00.663 And in today's presentation, 10 00:01:00.901 --> 00:01:05.955 I'll be going through the meaning of justice 11 00:01:06.616 --> 00:01:08.687 and when we go through the meaning, 12 00:01:08.925 --> 00:01:10.513 it has got two components. 13 00:01:10.513 --> 00:01:14.481 Traditional as well as modern view over the meaning. 14 00:01:15.155 --> 00:01:18.521 Then from justice we move on to Access to Justice, 15 00:01:18.521 --> 00:01:21.481 that's what the main topic of today's discussion. 16 00:01:21.719 --> 00:01:24.028 And here again we are having two 17 00:01:24.028 --> 00:01:26.259 components, traditional as well as modern view. 18 00:01:26.687 --> 00:01:30.749 And finally, I end my presentation with a discussion on 19 00:01:30.749 --> 00:01:34.534 the mechanisms to ensure this Access to Justice. 20 00:01:36.026 --> 00:01:38.361 So, to start with today's presentation, 21 00:01:41.328 --> 00:01:45.722 the object behind this presentation is to make you 22 00:01:45.722 --> 00:01:49.986 understand the concept of justice and its significance. 23 00:01:50.906 --> 00:01:53.573 The conceptual analysis and the framework 24 00:01:53.946 --> 00:01:58.452 and identify and recognize various mechanisms 25 00:01:58.452 --> 00:02:02.953 which ensure such access to justice. 26 00:02:04.283 --> 00:02:07.263 To understand the concept of justice, 27 00:02:07.263 --> 00:02:11.021 it is necessary to know the concept of law. 28 00:02:11.636 --> 00:02:15.462 The law and justice are so closely related with each other 29 00:02:15.837 --> 00:02:18.742 that they are as good as the two sides of a same coin. 30 00:02:19.797 --> 00:02:23.956 The justice and the law, their relationship again 31 00:02:23.956 --> 00:02:25.692 I want to quote another example 32 00:02:25.692 --> 00:02:28.494 that, it's like a pen and ink. 33 00:02:29.137 --> 00:02:31.472 A pen without ink is of no use. 34 00:02:31.748 --> 00:02:35.701 Similarly, an ink without pen may not be put to proper use. 35 00:02:36.280 --> 00:02:40.207 So, similarly law and justice are has to be kept together. 36 00:02:40.858 --> 00:02:42.742 So one of the Jurist has mentioned 37 00:02:42.742 --> 00:02:46.492 very beautifully that 'law without justice is blind 38 00:02:47.310 --> 00:02:49.538 and a justice without law is lame'. 39 00:02:50.483 --> 00:02:52.729 So, therefore, in the beginning 40 00:02:52.729 --> 00:02:54.134 I just want to spend some time 41 00:02:54.134 --> 00:02:55.933 knowing understanding what is law 42 00:02:55.933 --> 00:02:59.236 but as the topic is connected with justice 43 00:02:59.236 --> 00:03:00.847 and access to justice, 44 00:03:01.188 --> 00:03:02.653 I may not be able to go through 45 00:03:02.653 --> 00:03:05.759 with the definition of law elaborately. 46 00:03:06.347 --> 00:03:08.074 So, in the beginning what is law 47 00:03:08.074 --> 00:03:12.102 and what is justice is going to be our first task to clarify. 48 00:03:12.748 --> 00:03:13.921 So, what is law? 49 00:03:14.391 --> 00:03:16.383 So there have been many jurists 50 00:03:16.383 --> 00:03:18.145 working on this concept of law. 51 00:03:18.471 --> 00:03:21.312 And many jurists have also come up 52 00:03:21.312 --> 00:03:23.645 with various definitions of law. 53 00:03:24.169 --> 00:03:28.193 But one final conclusion that we can draw is that law, 54 00:03:28.425 --> 00:03:33.243 justice these are the concepts which cannot be explained 55 00:03:33.243 --> 00:03:36.420 or defined from one's point of view. 56 00:03:37.007 --> 00:03:40.491 There are two broader concept, but nonetheless 57 00:03:40.491 --> 00:03:43.261 the efforts of these philosophers have not gone waste, 58 00:03:43.587 --> 00:03:49.621 as it is you may recall the names, the philosopher Aristotle, 59 00:03:50.124 --> 00:03:54.363 St. Thomas Aquinas, Roskopon, Kelsen. 60 00:03:54.735 --> 00:03:58.576 These jurists have come up with their own definitions of law 61 00:03:58.576 --> 00:04:01.752 and these definitions has brought us, 62 00:04:01.752 --> 00:04:04.752 may not be complete full proof definition 63 00:04:04.894 --> 00:04:07.741 but definitely it has brought lot of clarification 64 00:04:07.741 --> 00:04:09.742 in understanding the law. 65 00:04:11.100 --> 00:04:18.232 In the similar vein, it is also necessary for us 66 00:04:18.232 --> 00:04:20.510 to know the definition of justice. 67 00:04:21.740 --> 00:04:25.922 And the definition of justice differs from person to person 68 00:04:26.311 --> 00:04:28.946 and definitely differs from time to time, 69 00:04:28.946 --> 00:04:30.677 and culture to culture. 70 00:04:31.185 --> 00:04:33.289 And there is no acceptable definition 71 00:04:33.289 --> 00:04:35.311 of justice that exists in this world. 72 00:04:36.130 --> 00:04:38.191 To explain my point of view, 73 00:04:38.606 --> 00:04:42.162 let me take up an example of say moral policing. 74 00:04:43.154 --> 00:04:45.796 Moral policing is been defined 75 00:04:45.796 --> 00:04:48.820 and it's been considered to be a wrong 76 00:04:49.844 --> 00:04:52.612 by many of the legal luminaries. 77 00:04:52.991 --> 00:04:54.993 But many of the traditionalist 78 00:04:54.993 --> 00:04:58.260 find moral policing as the necessary... 79 00:04:58.602 --> 00:05:02.502 necessary evil which has to exist in this society. 80 00:05:04.451 --> 00:05:08.805 To take an example from one culture to another culture. 81 00:05:09.971 --> 00:05:13.209 There is a concept called as White Man's Burden. 82 00:05:13.519 --> 00:05:15.201 Now, this White Man's Burden 83 00:05:15.201 --> 00:05:18.302 is the burden which an European carried with him 84 00:05:18.582 --> 00:05:21.066 wherever he went to colonise the world. 85 00:05:21.979 --> 00:05:24.773 So, the colonizer thought that 86 00:05:24.773 --> 00:05:29.075 there is un-civilisation exists in rest of the world 87 00:05:29.193 --> 00:05:30.297 other than the Europe 88 00:05:30.297 --> 00:05:33.932 and he is under the burden to civilize the rest of the world. 89 00:05:34.578 --> 00:05:37.002 So, that is his justification 90 00:05:37.002 --> 00:05:39.879 for the act of bringing in civilization. 91 00:05:40.490 --> 00:05:43.012 But wherein the other parts of the world 92 00:05:43.012 --> 00:05:46.442 where they tried to impose their views 93 00:05:46.442 --> 00:05:50.001 on this the culture, the traditionalist felt 94 00:05:50.001 --> 00:05:52.112 that it is a attack on their existence. 95 00:05:52.993 --> 00:05:55.850 So, this again led to two different views. 96 00:05:56.406 --> 00:05:58.852 So, justice according to white man is different 97 00:05:58.852 --> 00:06:01.218 and justice according to the traditional 98 00:06:01.218 --> 00:06:03.652 and the locals is different. 99 00:06:03.652 --> 00:06:08.476 So, this conflict of views do exist 100 00:06:08.476 --> 00:06:10.516 while defining the definition. 101 00:06:10.921 --> 00:06:13.754 So therefore, what we can do is, 102 00:06:13.754 --> 00:06:18.382 what we can final conclude is justice is a concept 103 00:06:18.382 --> 00:06:23.737 which is influenced by politics, ideology, religion, 104 00:06:24.078 --> 00:06:26.991 ethics, culture and etc. 105 00:06:28.072 --> 00:06:32.550 So therefore, rather than looking into what is justice, 106 00:06:32.550 --> 00:06:35.622 let us look into the justice as we understand. 107 00:06:36.312 --> 00:06:39.192 So, understanding of justice is of two kinds. 108 00:06:39.601 --> 00:06:42.324 There is a traditional view to justice 109 00:06:42.975 --> 00:06:45.371 as well as there is a modern view to justice. 110 00:06:46.403 --> 00:06:48.268 What traditionally we look at justice? 111 00:06:48.871 --> 00:06:52.652 As Plato has mentioned justice is 112 00:06:53.594 --> 00:06:56.723 performing fair and just actions 113 00:06:57.729 --> 00:07:00.451 giving each person their due 114 00:07:01.602 --> 00:07:05.382 sense of being fair, sense of being equal, 115 00:07:05.554 --> 00:07:07.395 moral and impartial, 116 00:07:07.610 --> 00:07:10.911 and we treating all of them equally is justice. 117 00:07:11.586 --> 00:07:17.284 So traditionally, justice is a behavioural pattern 118 00:07:17.284 --> 00:07:19.046 between the two individuals. 119 00:07:19.821 --> 00:07:23.344 So whenever I treat other person fairly, equitably 120 00:07:23.344 --> 00:07:27.075 and impartially I tend to do justice. 121 00:07:27.955 --> 00:07:32.408 So justice in Indian context, 122 00:07:32.408 --> 00:07:35.103 justice takes over the role of Dharma. 123 00:07:35.606 --> 00:07:36.711 So according to this, 124 00:07:37.019 --> 00:07:40.082 the a person who treats everybody is 125 00:07:40.082 --> 00:07:43.122 everybody equally is acting according to Dharma. 126 00:07:43.829 --> 00:07:46.872 So this is how traditionally we look at justice. 127 00:07:48.194 --> 00:07:51.412 So if you closely analyse the traditional view, 128 00:07:51.896 --> 00:07:54.261 the justice has got three attributes. 129 00:07:54.896 --> 00:07:59.515 The attribute number one is fairness, equality, 130 00:07:59.825 --> 00:08:02.209 and finally it is impartially. 131 00:08:02.963 --> 00:08:07.321 The fairness, now let us take fairness for the discussion. 132 00:08:08.590 --> 00:08:14.429 Fairness means absence of discrimination. 133 00:08:15.747 --> 00:08:19.883 Fairness is acting without bias. 134 00:08:21.216 --> 00:08:24.399 And as long as a person act without discrimination 135 00:08:24.399 --> 00:08:27.820 and without bias is considered to be a fair person. 136 00:08:28.288 --> 00:08:32.761 And it is one of the important component of justice. 137 00:08:34.320 --> 00:08:35.939 Next is equality. 138 00:08:36.788 --> 00:08:39.986 Now equality, to their to explain equality 139 00:08:39.986 --> 00:08:42.062 it has four components, that is 140 00:08:43.578 --> 00:08:47.374 fair distribution of benefits among all stakeholders 141 00:08:47.689 --> 00:08:50.332 is important component of equality. 142 00:08:51.141 --> 00:08:52.935 Similarly, in the same line 143 00:08:53.498 --> 00:08:55.225 the same equality should be shown 144 00:08:55.225 --> 00:08:57.476 in distribution of burden also. 145 00:08:57.476 --> 00:08:59.865 Not only the benefits, burden also. 146 00:09:01.071 --> 00:09:03.460 Equals should be treated equally 147 00:09:03.786 --> 00:09:06.533 and unequal should be treated unequally. 148 00:09:06.841 --> 00:09:10.524 So these are the four things which constitute equality. 149 00:09:11.888 --> 00:09:15.070 Then comes the final component, that is Impartiality. 150 00:09:15.570 --> 00:09:18.149 So Impartiality is a hallmark of justice 151 00:09:18.149 --> 00:09:20.816 where access of prejudice 152 00:09:21.911 --> 00:09:26.292 is what is expected in idea of justice. 153 00:09:26.852 --> 00:09:31.075 So prejudice cannot go hand in hand with a justice process. 154 00:09:31.757 --> 00:09:34.379 So absence of prejudice has to be shown 155 00:09:34.561 --> 00:09:37.649 to establish impartiality of a person. 156 00:09:38.101 --> 00:09:41.366 So these are the three important components of 157 00:09:41.594 --> 00:09:44.578 justice in a traditional sense. 158 00:09:45.912 --> 00:09:51.596 Let's say, for example, if a teacher 159 00:09:53.397 --> 00:09:56.024 gives same marks for the two students. 160 00:09:57.397 --> 00:10:01.003 Let's take an example of a test, a spelling test. 161 00:10:02.257 --> 00:10:05.948 A girl secures full out of out marks in the test 162 00:10:06.742 --> 00:10:08.210 and she is not happy with that. 163 00:10:08.980 --> 00:10:12.916 Because even inspite of securing out of out 164 00:10:13.202 --> 00:10:15.162 she got only star. 165 00:10:15.924 --> 00:10:17.726 But whereas the other girl 166 00:10:18.019 --> 00:10:22.789 who has scored out of out but got a golden star. 167 00:10:23.932 --> 00:10:27.945 According to the child, she is been treated unfairly 168 00:10:28.292 --> 00:10:30.919 because there is an absence of fairness, 169 00:10:31.586 --> 00:10:33.721 there is absence of equality, 170 00:10:34.086 --> 00:10:36.506 there is an absence of impartiality. 171 00:10:37.332 --> 00:10:41.348 So, this is how the traditionally 172 00:10:41.348 --> 00:10:43.014 justice could be understood. 173 00:10:43.705 --> 00:10:46.768 And the same understanding continued in 174 00:10:46.768 --> 00:10:48.395 many of the legal systems. 175 00:10:48.649 --> 00:10:53.674 In Magna Carta that is a great charter, in drafted in 1215. 176 00:10:54.492 --> 00:10:59.278 To no one will we sell, to no one will we deny 177 00:10:59.619 --> 00:11:02.035 or delay, right or justice. 178 00:11:02.670 --> 00:11:05.092 So that's how the traditionally we took up 179 00:11:05.218 --> 00:11:06.922 the understanding of justice. 180 00:11:06.948 --> 00:11:11.321 But modern view is quite different from the traditional view. 181 00:11:13.027 --> 00:11:14.464 The main difference is 182 00:11:14.932 --> 00:11:18.573 the dissociation of concept of justice 183 00:11:18.573 --> 00:11:20.361 from that of religion. 184 00:11:21.168 --> 00:11:24.176 For the first time in a modern view, 185 00:11:24.176 --> 00:11:26.691 justice is looked up on as a different 186 00:11:26.691 --> 00:11:28.398 all together from the religion. 187 00:11:29.208 --> 00:11:30.819 So what happens in a modern view? 188 00:11:31.803 --> 00:11:36.939 In modern view, the same the justice which was 189 00:11:38.106 --> 00:11:44.277 actually told to us through a system called as morals 190 00:11:45.142 --> 00:11:46.627 continue to remain with us 191 00:11:47.173 --> 00:11:50.796 but now it has taken up a grab of a law. 192 00:11:51.677 --> 00:11:54.686 So, natural justice continue to remain with us 193 00:11:54.757 --> 00:11:57.164 but in the form of legal rules. 194 00:11:57.725 --> 00:12:01.046 And these legal rules provide us justice. 195 00:12:01.838 --> 00:12:05.113 So whenever a legal rule ensures justice, 196 00:12:05.703 --> 00:12:07.953 it becomes legal justice 197 00:12:07.953 --> 00:12:10.706 and that's what the modern view of justice. 198 00:12:11.345 --> 00:12:14.540 So it is not a justice a mere justice, 199 00:12:14.540 --> 00:12:19.406 it's a justice dispensed accordance with the legal rules. 200 00:12:20.398 --> 00:12:23.604 So therefore, in the modern concept of justice 201 00:12:23.604 --> 00:12:25.354 there are two per parties, 202 00:12:25.509 --> 00:12:29.510 one is the right holder and another is duty bearer. 203 00:12:31.454 --> 00:12:34.661 So in the modern view of justice, 204 00:12:34.661 --> 00:12:41.084 there are five important components or characteristics. 205 00:12:42.116 --> 00:12:45.243 The first and very important characteristic of justice is 206 00:12:45.489 --> 00:12:47.300 it is secular in nature; 207 00:12:47.862 --> 00:12:50.458 so religion has got nothing to do with it. 208 00:12:51.196 --> 00:12:55.945 Second one is the uniformity in justice because 209 00:12:55.945 --> 00:13:00.381 the law prescribes justice and law ensures justice. 210 00:13:01.548 --> 00:13:05.541 Third, providing only the right is not enough 211 00:13:05.541 --> 00:13:07.972 we need to have remedy for that also. 212 00:13:08.603 --> 00:13:10.652 So that is the third important component 213 00:13:10.652 --> 00:13:13.504 that every right that is prescribed by a law 214 00:13:13.723 --> 00:13:15.406 they provide remedy for it. 215 00:13:15.826 --> 00:13:19.040 The remedy can be of redressal of violated right 216 00:13:19.478 --> 00:13:23.144 or it can be compensation for violating of right. 217 00:13:24.621 --> 00:13:31.769 Then, the third the fourth one is that the making of a law, 218 00:13:32.444 --> 00:13:33.853 enforcement of justice 219 00:13:34.428 --> 00:13:38.004 is going to be a prerogative of the state. 220 00:13:38.769 --> 00:13:41.983 The state is going to look after dispensation of justice. 221 00:13:42.793 --> 00:13:47.858 And the last one, the benefits, the punishments 222 00:13:48.255 --> 00:13:52.089 would be based upon the deeds of the each person only. 223 00:13:52.422 --> 00:13:54.295 And no other consideration 224 00:13:54.295 --> 00:13:56.517 should be taken into consideration. 225 00:13:57.890 --> 00:14:00.294 So to make a final distinction between 226 00:14:00.294 --> 00:14:02.042 traditional and the modern view. 227 00:14:02.358 --> 00:14:05.644 Traditional view is connected with religion 228 00:14:06.493 --> 00:14:10.086 and it is giving each his due. 229 00:14:10.739 --> 00:14:13.565 Justice is a virtue connected with the religion 230 00:14:13.565 --> 00:14:15.319 but whereas in the modern view, 231 00:14:15.446 --> 00:14:17.805 the five components are important. 232 00:14:18.144 --> 00:14:23.186 So there is dispensation based upon the act of the person. 233 00:14:23.858 --> 00:14:26.208 There is recognition of a right. 234 00:14:26.620 --> 00:14:28.676 There is existence of a law 235 00:14:28.914 --> 00:14:32.640 and then there is a remedy to enforce the violated right. 236 00:14:34.767 --> 00:14:39.703 So, let's us move on from the traditional and modern view 237 00:14:39.894 --> 00:14:41.995 understanding of justice to 238 00:14:42.370 --> 00:14:46.195 effect of this modern view on the system. 239 00:14:47.489 --> 00:14:54.214 So here, the effect is that the state is under the duty 240 00:14:54.273 --> 00:14:55.933 not only to make a law, 241 00:14:56.250 --> 00:14:58.696 it is under the duty to establish 242 00:14:59.387 --> 00:15:03.542 an effective mechanism to enforce those rights. 243 00:15:04.625 --> 00:15:08.331 So, that is the most important impact of the modern view. 244 00:15:08.879 --> 00:15:11.935 The modern view led us to believe 245 00:15:11.935 --> 00:15:14.776 that you be just you be remedial 246 00:15:15.062 --> 00:15:18.125 where there is a right there has to be a remedy. 247 00:15:18.839 --> 00:15:22.665 A right without remedy it is like an illusionary right 248 00:15:22.665 --> 00:15:24.572 which has got no existence. 249 00:15:25.349 --> 00:15:27.564 So, the impact of modern view is 250 00:15:27.564 --> 00:15:30.571 establishment of an elaborate mechanism 251 00:15:30.571 --> 00:15:32.413 for enforcement of justice. 252 00:15:33.412 --> 00:15:36.314 So, under the modern view the state is under 253 00:15:36.314 --> 00:15:37.944 different kinds of obligations. 254 00:15:38.338 --> 00:15:40.401 The obligations goes as follows. 255 00:15:41.052 --> 00:15:45.744 State must ensure justifiable and fair 256 00:15:45.907 --> 00:15:49.740 equitable outcome of any act of a person. 257 00:15:50.573 --> 00:15:52.462 And to ensure such outcome 258 00:15:52.462 --> 00:15:54.208 they have to have mechanism. 259 00:15:54.383 --> 00:15:56.430 This is going to be the second obligation 260 00:15:56.637 --> 00:16:01.115 to build up mechanism for justice delivery. 261 00:16:02.107 --> 00:16:05.866 Then after establishing mechanism, 262 00:16:05.866 --> 00:16:09.541 there has to be an effective and efficient judiciary 263 00:16:09.541 --> 00:16:12.517 to function and delivery the justice. 264 00:16:13.160 --> 00:16:15.858 Then along with deliver of justice, 265 00:16:15.858 --> 00:16:19.160 there has to be a mechanism to make the law. 266 00:16:19.676 --> 00:16:22.834 Law that facilitates access to justice; 267 00:16:23.310 --> 00:16:25.900 and then state also should provide 268 00:16:25.900 --> 00:16:27.717 additional kind of justices 269 00:16:27.717 --> 00:16:30.282 which I am going to deal in the nearby slides. 270 00:16:31.598 --> 00:16:35.487 So, coming to next part of the discussion 271 00:16:35.487 --> 00:16:37.154 that is Access to Justice. 272 00:16:37.368 --> 00:16:41.312 So what we have seen now is that there is a need for 273 00:16:42.114 --> 00:16:44.622 justice dispensation by the state. 274 00:16:45.154 --> 00:16:48.463 That is the obligation created by the modern view 275 00:16:49.336 --> 00:16:51.173 and one of the important requirement 276 00:16:51.173 --> 00:16:54.326 under the modern view is access to justice. 277 00:16:55.133 --> 00:16:57.645 So, now question is what is access to justice. 278 00:16:58.339 --> 00:17:00.929 According to jurist Upendra Bakshi, 279 00:17:01.722 --> 00:17:05.881 access to justice is ability of a person 280 00:17:05.881 --> 00:17:08.882 to participate in judicial process. 281 00:17:10.228 --> 00:17:13.506 The question is whether that is actual definition 282 00:17:13.531 --> 00:17:15.959 or whether that is being, if that is a definition, 283 00:17:15.959 --> 00:17:19.785 whether that is being ensured by the state. 284 00:17:22.877 --> 00:17:26.314 So, traditionally we look at access to justice 285 00:17:26.314 --> 00:17:31.095 as providing courts, sufficient number of courts 286 00:17:31.580 --> 00:17:34.374 and then providing assistance 287 00:17:34.485 --> 00:17:37.254 to the needy people to approach the court. 288 00:17:37.802 --> 00:17:40.616 So that becomes the major functions of 289 00:17:40.977 --> 00:17:43.175 access to justice in traditionally. 290 00:17:43.715 --> 00:17:45.525 So, therefore traditional view 291 00:17:45.525 --> 00:17:47.255 of access to justice would be 292 00:17:48.239 --> 00:17:52.175 court establishment of a court to dispense the justice, 293 00:17:53.104 --> 00:17:56.125 then providing access to such courts 294 00:17:56.874 --> 00:17:58.263 and in case of difficulties, 295 00:17:58.263 --> 00:18:02.360 providing legal assistance to such needy persons. 296 00:18:02.969 --> 00:18:05.167 So if these three activities are performed, 297 00:18:05.294 --> 00:18:07.225 then the justice is ensured. 298 00:18:07.715 --> 00:18:11.621 This is what a narrow look at access part. 299 00:18:13.190 --> 00:18:16.397 But if you look at the access to justice 300 00:18:16.397 --> 00:18:18.765 practically, there are a series of problems 301 00:18:18.984 --> 00:18:20.414 which a person faces. 302 00:18:22.151 --> 00:18:26.130 So, I have just made a list of the six problems 303 00:18:26.130 --> 00:18:30.289 which a person may face while accessing justice. 304 00:18:30.733 --> 00:18:33.690 But this list is not exhaustive, 305 00:18:33.690 --> 00:18:35.357 this is a mere illustrative list. 306 00:18:36.428 --> 00:18:40.174 First is economic capacity or incapacity. 307 00:18:40.746 --> 00:18:42.995 So when a person is economically weak, 308 00:18:43.302 --> 00:18:46.144 he may not be able to access justice because 309 00:18:46.548 --> 00:18:49.255 justice do not come free of cost. 310 00:18:49.795 --> 00:18:52.310 He have to make court fees as a payment 311 00:18:52.493 --> 00:18:56.016 and then also you have to hire a service of an advocate. 312 00:18:56.398 --> 00:18:58.281 That is the first hindrance. 313 00:18:58.931 --> 00:19:01.582 Second one is procedure of justice. 314 00:19:02.550 --> 00:19:06.206 The Indian courts follow a justice delivery system; 315 00:19:06.206 --> 00:19:08.661 the procedure is cumbersome 316 00:19:09.677 --> 00:19:14.045 and the delay would be unimaginable; 317 00:19:14.472 --> 00:19:17.234 and further it is lot of 318 00:19:17.234 --> 00:19:19.782 time consumption is involved in this process. 319 00:19:20.711 --> 00:19:23.258 So this time consumption is going to be the second 320 00:19:23.258 --> 00:19:27.735 biggest hurdle which a litigant has to cross over. 321 00:19:28.631 --> 00:19:30.877 Third one would be complex procedure. 322 00:19:31.993 --> 00:19:34.295 The complex procedure makes a people 323 00:19:34.557 --> 00:19:37.406 or the litigant not to follow 324 00:19:37.406 --> 00:19:38.882 the proceedings before the court. 325 00:19:39.398 --> 00:19:41.055 So he would be at loss. 326 00:19:41.255 --> 00:19:43.581 As a result of that, he would be completely 327 00:19:43.581 --> 00:19:47.517 depended upon the professionals 328 00:19:47.954 --> 00:19:50.196 who are assisting the parties to 329 00:19:50.196 --> 00:19:52.696 reply on them to provide justice. 330 00:19:53.676 --> 00:19:55.771 Then comes the legal representation. 331 00:19:56.335 --> 00:19:59.295 So the legal representation is another problem 332 00:19:59.295 --> 00:20:01.652 which the needy person face as 333 00:20:02.454 --> 00:20:05.779 the legal representation comes with the cost. 334 00:20:07.033 --> 00:20:10.358 Then comes the important aspect of geographical factors. 335 00:20:11.652 --> 00:20:14.723 Courts are established at the headquarters. 336 00:20:16.954 --> 00:20:19.412 And a person living in a remote place, 337 00:20:19.731 --> 00:20:21.557 mofassil areas has to travel 338 00:20:21.557 --> 00:20:23.793 all the way to the headquarter to fight the case. 339 00:20:25.374 --> 00:20:28.886 So, if you keep aside the litigation cost, 340 00:20:28.886 --> 00:20:31.538 that is court fees and fees to the advocates 341 00:20:31.538 --> 00:20:34.332 and additional fees that is additional expenditure 342 00:20:34.332 --> 00:20:38.054 that is involved with other connected matters. 343 00:20:39.141 --> 00:20:43.094 The travelling itself would be another major expenses 344 00:20:43.094 --> 00:20:44.892 which a litigant has to undertake. 345 00:20:45.998 --> 00:20:48.274 Then comes the inadequate number of courts 346 00:20:48.639 --> 00:20:50.949 as the population is increasing, 347 00:20:51.488 --> 00:20:54.329 correspondingly there is a no increase of the court. 348 00:20:55.917 --> 00:20:59.060 So keeping these problems in mind, 349 00:20:59.496 --> 00:21:02.716 there has been continuous attempt made by the jurist 350 00:21:03.131 --> 00:21:06.324 to come up with a new method, new approach 351 00:21:06.324 --> 00:21:10.827 to provide meaningful access to justice. 352 00:21:11.823 --> 00:21:14.714 So I have classified these three processes 353 00:21:15.037 --> 00:21:17.242 into three waves of reforms. 354 00:21:18.161 --> 00:21:20.091 The first way of reform was 355 00:21:20.091 --> 00:21:22.988 initiative by Capelletti and Garth. 356 00:21:23.329 --> 00:21:27.766 These jurist came up with the idea of providing legal aid. 357 00:21:28.607 --> 00:21:31.274 Now legal aid is nothing but legal assistance. 358 00:21:32.424 --> 00:21:33.854 Then came the second wave 359 00:21:34.623 --> 00:21:40.755 where the second wave was marked with 360 00:21:41.083 --> 00:21:43.263 the system of class action. 361 00:21:44.247 --> 00:21:47.354 Now, class action is where a person is 362 00:21:47.707 --> 00:21:50.620 in not in a position to go to court and fight the case. 363 00:21:50.874 --> 00:21:51.969 A group of persons 364 00:21:51.969 --> 00:21:53.929 who are not in a position to fight a case; 365 00:21:54.437 --> 00:21:57.548 somebody else would fight for them as a class. 366 00:21:58.612 --> 00:22:01.668 So this class action to quote few examples 367 00:22:01.818 --> 00:22:03.862 public interest litigation is a best example 368 00:22:03.862 --> 00:22:05.588 for this class actions. 369 00:22:06.382 --> 00:22:09.929 Followed by we have a provision in civil procedure court 370 00:22:10.191 --> 00:22:11.859 of representative suits.. 371 00:22:11.993 --> 00:22:14.755 That's also and a good example of class action. 372 00:22:15.747 --> 00:22:19.509 Then comes a very important and the modern wave 373 00:22:19.509 --> 00:22:23.894 that is the third wave where the jurist, 374 00:22:24.640 --> 00:22:29.053 the legal systems, legislatures everybody is making 375 00:22:29.053 --> 00:22:33.268 encouraging the parties to go for ADRS, 376 00:22:33.522 --> 00:22:36.879 that is Alternative Dispute Resolution Systems. 377 00:22:37.593 --> 00:22:40.885 So court should not be considered as the sole 378 00:22:41.371 --> 00:22:43.475 dispute resolution authority. 379 00:22:44.196 --> 00:22:46.728 The parties can take on themselves 380 00:22:46.728 --> 00:22:48.753 the burden of resolve in the dispute 381 00:22:48.942 --> 00:22:54.482 by adopting negotiation, mediation, conciliation 382 00:22:54.815 --> 00:22:58.704 or even arbitration as alternative process for 383 00:22:58.704 --> 00:23:00.254 resolution of dispute. 384 00:23:01.593 --> 00:23:04.633 So therefore, the human rights movement 385 00:23:04.633 --> 00:23:08.545 of United Nations has actually expanded 386 00:23:08.545 --> 00:23:12.483 the concept of access to justice to the present date. 387 00:23:13.339 --> 00:23:18.161 So earlier the traditionally we look at access to justice as 388 00:23:19.240 --> 00:23:23.581 providing legal assistance but in the modern view, 389 00:23:23.581 --> 00:23:26.433 the access to justice would be much more 390 00:23:26.458 --> 00:23:29.751 then nearly providing assistance. 391 00:23:32.528 --> 00:23:34.632 So the modern view of access to justice 392 00:23:34.751 --> 00:23:37.004 has actually increased 393 00:23:37.251 --> 00:23:40.306 the ambit of the concept of access to justice. 394 00:23:40.798 --> 00:23:43.941 The presently, when we look at the access to justice, 395 00:23:44.735 --> 00:23:48.436 it is not merely providing legal assistance. 396 00:23:49.039 --> 00:23:51.405 In addition to legal assistance 397 00:23:51.619 --> 00:23:53.306 there is a provision for 398 00:23:53.841 --> 00:23:58.015 providing ADRS, Alternative Dispute Resolution forums. 399 00:23:58.976 --> 00:24:00.234 And in addition to that, 400 00:24:00.234 --> 00:24:03.164 there is going to be a third very important category 401 00:24:03.164 --> 00:24:05.736 which is a part of modern view 402 00:24:05.911 --> 00:24:09.455 that is a new category of justice seekers. 403 00:24:11.519 --> 00:24:16.615 So traditionally when you look at justice seekers, 404 00:24:16.615 --> 00:24:19.050 who are the people who want justice? 405 00:24:19.740 --> 00:24:21.939 The people whose rights have been violated. 406 00:24:22.312 --> 00:24:24.367 Now take for example of a criminal law. 407 00:24:25.272 --> 00:24:26.693 Who can file a complaint? 408 00:24:27.296 --> 00:24:30.407 Who can go to court? Is the person 409 00:24:30.407 --> 00:24:34.207 who has suffered a crime against himself 410 00:24:34.437 --> 00:24:36.255 or whose rights have been violated? 411 00:24:37.342 --> 00:24:38.413 So in other words, 412 00:24:39.540 --> 00:24:44.177 the rest of the world cannot initiate criminal proceedings 413 00:24:44.994 --> 00:24:46.844 for violation of somebody else's rights. 414 00:24:47.479 --> 00:24:49.965 It is the same person, 415 00:24:49.965 --> 00:24:52.854 the person himself the victim himself 416 00:24:52.854 --> 00:24:55.616 has to continue with the criminal proceedings. 417 00:24:56.703 --> 00:25:00.064 Similarly, the if you look at the criminal law, 418 00:25:00.064 --> 00:25:02.675 the whole edifice of the criminal law is 419 00:25:02.675 --> 00:25:04.445 based upon the rights of the accused. 420 00:25:06.080 --> 00:25:08.378 So this is how, traditionally, we have some up with 421 00:25:08.664 --> 00:25:10.855 the development of criminal laws in India. 422 00:25:12.482 --> 00:25:14.156 What is the modern view is doing it 423 00:25:14.156 --> 00:25:16.855 to this traditional understanding of a criminal law. 424 00:25:17.616 --> 00:25:21.640 The modern view added one more justice seeker into the list 425 00:25:23.125 --> 00:25:24.799 other than the accused, 426 00:25:25.061 --> 00:25:28.655 there is a victim who is also in need of justice. 427 00:25:29.744 --> 00:25:33.005 So the criminal law is now expanded to include 428 00:25:33.005 --> 00:25:34.816 not only the rights of the accused 429 00:25:35.093 --> 00:25:39.359 but also area of study called victimology. 430 00:25:39.772 --> 00:25:43.541 The development of victimology and 431 00:25:44.073 --> 00:25:46.341 coinage for this idea of victimology 432 00:25:46.341 --> 00:25:48.976 is because of the modern view of justice. 433 00:25:50.095 --> 00:25:52.444 In addition to this, now there are another 434 00:25:52.714 --> 00:25:55.243 some other category of justice seekers 435 00:25:55.809 --> 00:26:01.874 like victims of natural or man-made disasters. 436 00:26:03.550 --> 00:26:08.052 So these victims they have no right 437 00:26:08.052 --> 00:26:10.798 against any other individual but 438 00:26:10.798 --> 00:26:14.754 they have seeking justice against the state 439 00:26:14.754 --> 00:26:16.631 for the suffering that they are undergoing. 440 00:26:17.425 --> 00:26:21.974 Natural Disasters like Tsunami or Tufaan. 441 00:26:22.158 --> 00:26:24.412 So these disasters, can be 442 00:26:26.611 --> 00:26:30.103 the remedy can be provided through this modern view. 443 00:26:30.611 --> 00:26:33.301 Man-made disasters like Bhopal gas tragedy 444 00:26:33.587 --> 00:26:37.138 and questionably the Uttarakhand flooding, 445 00:26:37.432 --> 00:26:40.134 now these things are going to be considered 446 00:26:40.134 --> 00:26:43.761 under the new or modern view of justice. 447 00:26:44.412 --> 00:26:49.199 Then comes the final saying on this 448 00:26:49.199 --> 00:26:52.493 that is intended harm committed on a person, 449 00:26:52.993 --> 00:26:55.382 un-intended harm committed on a person, 450 00:26:55.715 --> 00:26:58.428 both have access to justice; 451 00:26:58.936 --> 00:27:00.714 that is the modern view of justice. 452 00:27:02.103 --> 00:27:04.714 So when this is the modern view 453 00:27:04.825 --> 00:27:08.889 wherein a person there is a new category of people 454 00:27:08.889 --> 00:27:10.397 who are seeking justice. 455 00:27:11.119 --> 00:27:14.232 Now we need to expand the mechanism to provide justice. 456 00:27:14.735 --> 00:27:19.321 So initially we felt or the system felt 457 00:27:19.321 --> 00:27:22.346 that only court can dispense with justice. 458 00:27:22.774 --> 00:27:26.504 But presently we are coming up with various other 459 00:27:26.504 --> 00:27:29.754 specialized authorities to deal with the disputes. 460 00:27:30.377 --> 00:27:33.274 So the now, there is a justice delivery mechanism 461 00:27:33.274 --> 00:27:35.004 has expanded multifold; 462 00:27:36.393 --> 00:27:37.673 along with the courts 463 00:27:37.673 --> 00:27:39.778 we have special courts established 464 00:27:40.008 --> 00:27:42.857 to deal with special kinds of disputes. 465 00:27:44.000 --> 00:27:47.782 So there is SCST Atrocities Court 466 00:27:47.980 --> 00:27:50.195 which is especially established to take care of 467 00:27:50.393 --> 00:27:52.607 atrocities against SC and STs. 468 00:27:53.059 --> 00:27:54.494 Family courts to take up 469 00:27:54.655 --> 00:27:56.686 the disputes relating to the family, 470 00:27:57.393 --> 00:27:58.678 so and so forth. 471 00:27:59.408 --> 00:28:00.702 Now, there are tribunals 472 00:28:00.702 --> 00:28:03.821 to take up highly technical disputes like 473 00:28:04.218 --> 00:28:07.139 Telecom Regulatory Authority, TRAI 474 00:28:07.940 --> 00:28:10.162 that takes up disputes 475 00:28:10.187 --> 00:28:12.012 concerning telecommunication companies. 476 00:28:12.837 --> 00:28:15.805 Similarly, we have consumer redressal forums 477 00:28:16.028 --> 00:28:18.724 which is not may not be highly technical one 478 00:28:18.724 --> 00:28:20.137 but it's a special forum 479 00:28:20.137 --> 00:28:22.256 to look into the consumer disputes. 480 00:28:23.034 --> 00:28:24.236 Company Law Board, 481 00:28:24.526 --> 00:28:28.100 this is again a specialized agency to look into 482 00:28:28.100 --> 00:28:29.917 the disputes relating to the companies. 483 00:28:31.298 --> 00:28:33.282 So in addition to these tribunals 484 00:28:33.282 --> 00:28:34.496 and special courts, 485 00:28:34.496 --> 00:28:37.505 we have informal mechanism established, 486 00:28:37.639 --> 00:28:39.636 informal systems established 487 00:28:39.877 --> 00:28:43.774 by establishing mediation centres, conciliation centres, 488 00:28:44.711 --> 00:28:46.335 court annexed conciliation, 489 00:28:46.335 --> 00:28:48.335 court annexed mediation etc. 490 00:28:51.441 --> 00:28:55.422 Unimpeded access to justice include free Legal Aid 491 00:28:55.422 --> 00:28:57.112 which is the part of the first wave. 492 00:28:57.819 --> 00:29:00.295 Class Action which is a part of the second wave. 493 00:29:00.922 --> 00:29:02.655 Alternate Disputes resolution 494 00:29:02.680 --> 00:29:05.030 which is the part of the third wave of reforms. 495 00:29:05.728 --> 00:29:06.966 And then finally, 496 00:29:06.966 --> 00:29:08.800 we are having a new category of people 497 00:29:08.825 --> 00:29:11.395 who are looking into these kinds of requirements. 498 00:29:12.435 --> 00:29:16.254 At the end, I want to speak of few concerns 499 00:29:16.588 --> 00:29:19.802 connected with these justice delivery systems. 500 00:29:20.389 --> 00:29:21.238 The first thing, 501 00:29:23.484 --> 00:29:26.965 we still have not reached millions of people 502 00:29:27.151 --> 00:29:29.500 whose rights are being continuously violated 503 00:29:29.675 --> 00:29:32.604 but they cannot afford to seek redressal. 504 00:29:34.255 --> 00:29:38.522 Similarly, I don't have any hesitation to mention 505 00:29:38.707 --> 00:29:43.095 that the lack of access is nothing but denial of justice. 506 00:29:44.113 --> 00:29:46.352 Legal rights have become illusory 507 00:29:46.352 --> 00:29:48.304 because of this lack of access. 508 00:29:49.169 --> 00:29:52.155 So the rule of law has become platitude 509 00:29:52.155 --> 00:29:54.151 because of this lack of access. 510 00:29:55.147 --> 00:29:58.957 And finally, this lack of access is leading to 511 00:29:58.957 --> 00:30:02.231 lack of public confidence in this public, 512 00:30:03.873 --> 00:30:06.783 public confidence in administration of justice. 513 00:30:08.547 --> 00:30:09.583 Thank you very much.