The crisis of justice that is the subject matter of discussion in the media today is in fact the crisis of “justice for the middle class”. The main difference between India and the OECD (Organisation for Economic Cooperation and Development) countries is that whereas the middle class in these countries has reasonable access to justice, in India it does not. A vocal and powerful middle class has emerged in India since 1991. It is demanding reasonable access to justice. Much of the judicial reform effort will help meet this demand…
The question of justice for the poor is, however, an altogether different challenge. No country in the world has been able to secure justice for the poor. Most of the jails of the richest countries are filled with the poorest. The “masses” are more often victims of the criminal justice system than of crime. In India as well, jails are almost exclusively filled with the poor. The civil justice system is hardly accessible to them. They are often victimised by lawyers, touts and court staff. They are docket-excluded, a new type of untouchability. The language and the logic—and the colonial and feudal culture—of the judicial system are alien to them. It rarely takes cognisance of their needs and interests.
Their main concern, therefore, is to escape the attention of the justice system, criminal and civil. A landless Dalit person in the interior of Madhya Pradesh once gave me an insightful definition of a court from the perspective of the masses: “A court is a place where you are forcibly taken by the police to be punished; no one goes to a court.” In contrast, many lawyers and judges colloquially define a court as “a temple of justice where rights are protected”. These sharply divergent visions mean that justice for one section is often injustice for another. Protecting the livelihood of traditional taxi and auto drivers from predatory pricing by corporate app-based taxi providers by imaginatively using the available tools of law to delay their incursion would be seen by the rich and by sections of the middle class as a failure of the judicial system, and possibly as also resulting in a downgrading of the “ease of doing business” measure. However, the masses would see such a judicial intervention as strong evidence of a good justice system. Although the conflict over competing visions of the nation and conflicting demands from social and economic segments have confined judicial reform of judicial administration mainly to “neutral” areas such as process reform, procedural law, technology, planning and court and case management, judge strength, and the workload of judges, there has been considerable improvement in these areas, and the judicial system has improved its performance.
[Extracted, with edits, from “Justice and the Two Ideas of India”, by G. Mohan Gopal, Frontline]
