Reimagining access to justice and rectifying systemic barriers, Pg11

Key Highlights

• Books reviewed: “Taareekh Pe Taareekh” (judicial reforms) and “Legally Yours” (legal rights for women).

• Public trust in judiciary eroding amid corruption scandals, bulldozer justice, and caste-religion bias.

• Calls for structural reforms in district courts, improved judicial transparency, and access to legal knowledge.

• Advocates reintroduction of jury trials, clearer court hierarchies, and Right to Information (RTI) compliance.

• Highlights systemic barriers facing women victims, especially in navigating justice for sexual violence and abuse.

Detailed Insights

• Crisis of Judicial Legitimacy:

  • Recent scandals (currency seizures at judges' residences) have eroded confidence.

  • Biases (religious/political) influencing judgments; bulldozer actions undermine legality.

  • Systemic Reforms in “Taareekh Pe Taareekh”:

  • Suggests a U.S.-style dual court model, separating local and appellate courts.

  • Proposes jury trials to democratise justice and curb elite capture.

  • Advocates using judicial data and RTI transparency to improve accountability.

  • Calls for legislative oversight, arguing impeachment alone is insufficient.

  • Legal Empowerment in “Legally Yours”:

  • Addresses knowledge gap among women—87% of marital violence victims never seek help.

  • Explains legal rights in simplified language—marriage, domestic violence, workplace harassment.

  • Dissects legal and cultural myths, helping women assert autonomy in hostile settings.

Scientific/Technical Concepts Involved

• RTI (Right to Information): Legal right enabling citizens to access information from public authorities to ensure transparency.

• Judicial Accountability: Principle requiring judges to explain decisions and be answerable for judicial conduct.

• Jury Trials: System where a group of citizens determine verdicts, reducing elite control over justice.

Significance

• Reinforces need for grassroots judicial reform, especially in district courts, where most Indians engage with justice system.

• Highlights how gender justice is hindered by legal illiteracy, cultural silence, and institutional inaccessibility.

• Bridges gap between institutional reform and legal empowerment, especially for marginalised citizens.

Mains Mock Question:

Discuss the key structural challenges in ensuring accessible justice in India’s lower judiciary. How can reforming district courts and promoting legal literacy, especially among women, restore public trust in the judicial system?