What are the hurdles in ensuring equal access to justice in India
The cost of justice and the language used in higher judiciary pose challenges in ensuring equal access to justice in India.
There are several hurdles in ensuring equal access to justice in India, particularly pertaining to the cost of justice and the language used in higher judiciary. Here are some points to consider:
- Cost: The cost of legal representation and litigation procedures can be prohibitively expensive, making it difficult for marginalized individuals and economically disadvantaged groups to access justice. This creates a significant barrier to equal access to justice.
- Language Barrier: The higher judiciary predominantly uses English as the primary language. This presents challenges for those who are not proficient in English, particularly people from rural areas or those without formal education. Limited understanding of legal terminology and complex legal procedures can impede access to justice.
- Distance and Infrastructure: Geographical distances and inadequate infrastructure make it challenging for individuals, especially those residing in rural areas, to access courts and legal services. This further limits their ability to seek justice on an equal footing.
- Legal Aid: While legal aid programs exist in India, their reach and effectiveness vary. Insufficient awareness about legal aid mechanisms and inadequate availability of legal aid lawyers constrain access to justice for marginalized individuals.
- Delay in Legal Proceedings: Lengthy legal proceedings and delays in the disposal of cases often hinder equal access to justice. Prolonged litigation processes can be burdensome, particularly for those who lack financial resources and means of sustenance during legal battles.
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