The nationwide “Access to Justice” survey was conducted across 305 locations in 24 States between November 2015 and February 2016 to hear the voice and explore the profile of people making use of judicial system in India reveals that 90 per cent of the litigants earn less than Rs. 3 lakh per annum and the median expected cost of litigation for this group is around Rs. 16,000.
Though legal aid aims to provide free legal services to the weaker sections who otherwise can’t afford it, the survey found that that just one per cent of the respondents were making use of this service.
A majority of the respondents found their lawyers by way of reference from colleagues, acquaintances or family members.
Key Points
Experts point out that accountability of legal aid lawyers towards their clients and lack of communication between the two are serious concerns plaguing the system.
The financial barrier is not just limited to accessing courts.
The main reason individuals could not meet the conditions of bail was found to be lack of funds.
A third of the respondents, who couldn’t get a bail when it was due, cited this as a reason. Also, around half the litigants cited expense as a major deterrent for filing appeals in the High Court if their cases were not resolved in their favour.
The survey shows that two-thirds of all civil disputes were regarding land and property, followed by litigation on family matters.
The India Human Development Survey also found that a majority of Indians had a ‘great deal of confidence’ in the judiciary. But this is not the case everywhere.
Researchers and lawyers present during the release of survey concurred that ‘access to justice’ should not be equated with ‘access to courts’, which is too narrow. The discourse around judicial reform needs to shift from ‘access to courts’ to ‘access to justice’.
Current Affairs 23rd April, 2016 Highlights of Union Budget 2016-17 Highlights of Railway Budget 2016-17
Join The Discussion