Justice
in general is the delivery of equal opportunities, rights and dignity to all
the people. As far as the reach of justice is concerned, the poor may not
explicitly mean people who are stricken with poverty or economically backward.
Our society is stratified into different classes of people, essentially the
upper class, the middle class and the lower class of which the former one is
dominant and has more power compared to the other two. A common man in a
country like India falls in either middle class or the lower class in general.
Keeping aside his economic viability in the society, he may or may not be in a
position to assert his choices and opportunities which he deserves morally and
legally. The point to be driven home here is people who are non-dominant or
weak in social, political or for that matter economic aspects can be considered
poor in regard to justice.
The
preamble of the Indian constitution assures Justice- social, economical and
political to all the citizens of India. The democratic form of governance
avowed by the constitution also has the principle of socialism embedded in it.
The fundamental rights guaranteed by the constitution are to be enjoyed equally
by all the people and the rule of law provides equal opportunities to everyone.
There is also a constitutional enforcement of these rights via the “Right to
Constitutional Remedies” which empowers the citizens to approach the Supreme
Court, the highest form of judiciary, in the event of their violation. The
marginalised classes are given protection by repealing the evils of
Untouchability, trafficking, bonded labour, child labour etc.
In
spite of all the rights and protective laws conferred by the State on the
people, one has to be an position to avail all these opportunities. This is especially
true in case of poor people for they lack awareness and literacy in many cases.
When the poor are denied what they rightfully deserve, firstly they should
understand what they are deprived of and secondly they should be ready to
approach for justice without the fear of denial by the undue power of the
victimising party. They should also be able to meet the cost and time of
availing justice by means of reaching for the courts or tribunals.
There
are several police stations, tribunals and courts established by the state all
over the country to look after the law and order problem and delivery of
justice to the people. Further, the directive principles of state policy
emphasise that the government should strive to bridge the gap between the haves
and have nots and promote inclusive growth. The Legal Services Authorities Act
of, 1987 is a move to provide free legal aid to the poor and needy to make the
justice reach them. The phenomenal outcome of the judicial activism in the
country is the Public Interest Litigation which enables any concerned citizen
to litigate in public interest. This is one of the ways in which the
marginalised people can benefit from the initiative of vigilant citizens.
However,
having a glance at the existing judicial machinery, one cannot be elated with
the present justice delivery system. The enormous burden on the judiciary with
millions of cases piling up every day is leading to unreasonable delay in the
delivery of justice. In such cases people may prefer to refrain from approaching
the courts as justice delayed is justice denied indeed. A more co-operative
environment in the police stations is required to encourage the poor to file a
case. In case the poor are the accused, it takes them a great deal to prove
their innocence due to political and economic vulnerability. Establishment of
Lok Adalats and Fast track courts, reduction in the court fee,
providing legal aid to the defendants, making the
criminal procedure stringent are some of the initiatives taken to improve the quality
of justice delivery.
Eventually, it is the proactive
behaviour of the citizens which upholds the justice. A vigilant and considerate
society is needed to make the justice reach the poor. Implementation of the
available laws and statutes at the grass root levels is the key factor to be
noted. Awareness should be spread among everyone to affirm a dignified life
legally irrespective of their economic and political status in the society.
Political backing of criminals is to be curbed by strict implementation of the
rule of law. Special committees and organisations can be set up to cater to the
needs of the poor. “Truth alone triumphs” when people choose to let the truth
expose herself.
