Chief Justice of India (CJI) highlighted Access to Justice as Primary Impediment of Justice System | Current Affairs | Vision IAS

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In Summary

  • Key barriers to access to justice include economic, geographical, institutional, procedural, language, awareness gaps, and social discrimination.
  • Initiatives like Article 39A, ADR, Gram Nyayalayas, e-courts, and procedural reforms aim to improve access to justice.

In Summary

He stated that the primary challenge is not a shortage of laws, but the limited access ordinary citizens have to them.

Key Barriers to Access to Justice

  • Economic and Geographical
    • Poverty and High Costs: E.g., Around 75% of India’s prisoners are undertrials, many of whom remain in jail due to the inability to afford bail. (India Justice Report 2025)
    • Physical Distance: E.g., hilly and mountainous areas, remote, etc.
  • Institutional and Procedural
    • Systemic Delays, Complex Procedures, Inadequate Infrastructure and Staffing.
    • Language Barrier: Use of English in higher courts alienates non-English-speaking litigants.
    • Paucity of Awareness and Gaps in Legal Aid: Free legal aid is poorly implemented.
  • Social, Cultural, and Intersectional
    • Black coat syndrome: Refers to the fear, anxiety, and sense of alienation experienced by marginalized communities when engaging with or navigating the legal system.
    • Discrimination and Institutional Apathy: Marginalized groups face bias and difficulty.
    • Secondary Victimization: Sexual assault survivors face social pressure, intimidation, and humiliation.
    • Lack of Trust and Vested Interests: Corruption and resistance to reforms reduce public trust in the judiciary.

Initiatives taken to Promote Access to Justice

  • Constitutional Framework: Article 39A and the Legal Services Authorities Act 1987 mandate free legal aid through National Legal Services Authority (NALSA).
  • Promoting Alternative Dispute Resolution (ADR): Lok Adalats offer Mediation, pre-litigation conciliation, and Lok Adalats.
  • Decentralization:Gram Nyayalayas Act 2008 enables local courts to deliver affordable and speedy rural justice.
  • Technological Advancements: E.g., E-Courts Mission Mode Project and National Judicial Data Grid.
  • Procedural Reforms: E.g., Fast Track Courts; Undertrial Review Committees.
  • Local and context-specific strategies:  E.g., Access to Justice ProjectOne Stop Centres and Women Help Desks.
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Women Help Desks

Specific desks or units, often set up within police stations or other institutions, dedicated to addressing the concerns and grievances of women, ensuring a more sensitive and responsive approach to their issues.

One Stop Centres

Initiatives established under the umbrella of the 'Nirbhaya Fund' to provide integrated support and assistance to women affected by violence, both in private and public spaces. They offer medical, legal, psychological, and other forms of support under one roof.

Undertrial Review Committees

Committees formed to review cases of undertrials, especially those who have spent a considerable period in jail without trial. Their objective is to identify eligible undertrials for release on bail or other appropriate measures, thereby decongesting prisons.

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