Building Equal Access to Legal Support
How many times have we heard of cases languishing in the annals of the court for years on end?
In a country like India, the immensity of the population creates many problems, leading some to argue that population itself is the biggest issue. The truth is really that — to paraphrase the Mahatma — we have enough for everyone’s need but not for everyone’s greed. This phrase really highlights the misallocation of resources that has led to underdeveloped public institutions. And the most underfunded public institution is the legal system, and within it, the lack of access to legal services.
For starters courts are few and far between in our country. While the metropolitans benefit from better infrastructure, the Indian countryside is found sorely lacking in this regard. This means that people often have to travel very far to get courts. To make matters worse, cases go on for years, making this a major headache for people in rural areas.
The reason behind the lengthy time for cases to get resolved is a lack of personnel. India desperately needs not only better infrastructure for rural courts but more judges and lawyers to take on the piled up casework. From time to time the Indian government will fast-track cases but such temporary solutions miss the mark as well as the point — there is a systemic problem here. Also one must consider which cases get fast tracked by the government. Cases concerning the ongoing strife in Kashmir have been languishing for over a year whereas cases of religious importance seem to be given preference. At these points in time, the courts seem to represent the worst bits of majoritarianism.
The good news is that even while the government drags its feet, private actors have sprung into action. Whether it is leading firms offering pro-bono services or civil rights groups, non-state efforts have provided an important cushion especially in rural areas. Today several such groups have set up operations in Bihar, UP and Maharashtra.
Still, there is an urgent need for the state to take its place among these stalwarts of justice. Quite simply put, no one has the same amount of power or reach as the Indian government. Let the days when cases lasted years be gone, let India be the staunchest soldier of lady justice.
