Skip to main content

United nations goals take backseat: India lags in creating just, peaceful, inclusive society

By Gagan Sethi* 
Goal 16 of the United Nation’s Sustainable Development Goals may have focused, among other things, on access to justice for all. But facts show that India’s effort towards achieving the goal is anything but satisfactory, whether it is provision of infrastructure, human resources, or public investment into achieving the goal. Worse, when it comes to the marginalised communities, access to justice particularly takes backseat.
A nationwide survey on access to justice, conducted by Bengaluru-based NGO Daksh, in 305 courts across 170 districts of 24 states, interviewing 9,329 litigants, gave startling results. The loss of wages and business for litigants attending lower court hearings was estimated at over Rs 50,000 crore a year at an average of Rs 1,746 per case per day. If one adds to this the cost incurred by litigants in a year on payment of legal fees and other expenditure, the figure reaches a whopping Rs 80,000 crore annually or 0.70 per cent of India’s GDP (in 2015-16).
Pointing out that “majority of litigants strongly felt that delay in their cases is caused because judges do not pass orders quickly”, the survey report states that more than 60 per cent of the litigants said the delay was caused because the judges did not pass orders quickly, while about 50 per cent said that it was because of lack of adequate judges. The marginalised communities suffer the most, suggests the survey. In majority of cases involving poorer and marginalised sections, the lawyers appointed by courts are “not allotted” through legal services authorities (without any fees). Of the 9,329 cases, only in 132 of the survey respondents, or less than 2 per cent, said they availed the facility. The rest got lawyers based on reference from family, or friends, or colleagues, or other acquaintances.
There is no dearth of data suggesting poor infrastructure and human resources as the main hurdles in access to justice. A report by the Centre for Research and Planning of the Supreme Court (October 2016), titled “Subordinate Courts of India: A Report on Access to Justice 2016”, stated, “If the demographic standard of 50 judges per million of population is applied, with a population of 1,210.6 million (Census 2011) India requires a total of 60,530 judges to reach a judge-population ratio of 50 per million.” It pointed out that India has a judge-population ratio of 18 judges per million as on December 31, 2015, one of the worst in the world. Australia has 48 judges per million, while England and Wales have 56 judges per million. If the 19,634 “serving magistrates” of England and Wales are included, the ratio shoots up to 342 judges per million. China has 147 judges per million.
That the marginalised communities suffer the most because of poor infrastructure and human resources is clear from the Supreme Court taking strong exception to tardy implementation of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. Criticising the government’s “indifferent attitude” towards the Act, a bench headed by former Chief Justice TS Thakur, observed in December 21, 2016 that “the constitutional goal of equality for all the citizens can be achieved only when the rights of the Scheduled Castes and Scheduled Tribes are protected. The abundant material on record proves that the authorities are guilty of not enforcing the provisions of the Act.”
Facts released by the Ministry of Social Justice and Empowerment in December 2016 showed that from 2013 to 2015, only 43.3 per cent of the total cases registered (13,8077) under the Act were disposed of by courts and 25.7 per cent of total cases disposed of by courts (59,779) ended in conviction. “In certain states, that is Andhra Pradesh (6.3 per cent), Gujarat (3.1 per cent), Karnataka (3.5 per cent), Maharashtra (7.6 per cent), Odisha (4.3 per cent), Tamil Nadu (7.5 per cent), Telangana (7.5 per cent) and West Bengal (3 per cent), the conviction rate was in single digit,” an agenda note put forward for discussion before the ministry reads.
The International Dalit Solidarity Network notes non-implementation of laws prohibiting caste discrimination, especially the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and ignoring of “several UN human rights bodies” which have “underlined the need for strong enforcement of laws to prevent and eliminate discrimination”. The Committee on the Elimination of Racial Discrimination has “expressed deep concern about the non-implementation of legislative measures to protect the rights of Dalits in a large number of affected countries”, while UN Special Rapporteur has called it as one of the “contemporary forms of racism.”
An international survey carried out by the World Justice Project, placed India among 133 countries in rule of law index, well below at least two peer countries Brazil (52nd) and South Africa (43rd). An editorial notes, the poor ranking is the result of “insufficient attention” to access to justice, pointing towards the fact that India hasn’t yet ratified “UN conventions on torture, rights of migrant workers and their families, and protection against enforced disappearance.” Calling it a “serious lacuna” it adds, one would also need to look into factors like the need to handle “major emerging challenges such as urbanisation, the housing deficit, access to power, water, education and health care.”

*Development educator and practicing OD professional with the voluntary sector, co-founder of Ahmedabad-based Centre for Social Justice, which works on access of justice. Source: Citizens’ Report on Third year of the NDA Government -2017 – Promises and Reality, Civil Society Initiative, coordinated by Wada Na Todo Abhiyan

Comments

TRENDING

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा*  जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए। 

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das*  India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

Censor Board's bullying delays 'Phule': A blow to India's democratic spirit

By Vidya Bhushan Rawat*  A film based on the life and legacy of Jyotiba Phule and Savitribai Phule was expected to release today. Instead, its release has been pushed to the last week of April. The reason? Protests by self-proclaimed guardians of caste pride—certain Brahmin groups—and forced edits demanded by a thoroughly discredited Censor Board.

CASR urges immediate halt to Operation Kagaar, calls for peace talks with Maoists

By A Representative   The Campaign Against State Repression (CASR), a collective of over 40 civil society organizations, has issued a press statement demanding an immediate end to "Operation Kagaar" and alleged state-led killings of Maoist rebels and indigenous people in central India. The group also called on the central government to create a conducive environment for initiating peace talks with the banned Communist Party of India (Maoist).

Maoist call for peace talks: A democratic opening amidst state repression?

By Harsh Thakor*  The readiness of the CPI (Maoist), a banned organisation, for peace talks is seen as signifying a democratic gesture that should be welcomed by all who uphold democratic values. The ongoing conflict under ‘Operation Kagaar’ in Central India represents a clash between alleged state aggression and self-defence by oppressed communities. Critics argue that the Indian government has violated constitutional principles by promoting corporate expansion in Adivasi regions under the pretext of development, endangering the lives and livelihoods of local populations.

Incarcerated for 2,424 days, Sudhir Dhawale combines Ambedkarism with Marxism

By Harsh Thakor   One of those who faced incarceration both under Congress and BJP rule, Sudhir Dhawale was arrested on June 6, 2018, one of the first six among the 16 people held in what became known as the Elgar Parishad case. After spending 2,424 days in incarceration, he became the ninth to be released from jail—alongside Rona Wilson, who walked free with him on January 24. The Bombay High Court granted them bail, citing the prolonged imprisonment without trial as a key factor. I will always remember the moments we spent together in Mumbai between 1998 and 2006, during public meetings and protests across a wide range of issues. Sudhir was unwavering in his commitment to Maoism, upholding the torch of B.R. Ambedkar, and resisting Brahmanical fascism. He sought to bridge the philosophies of Marxism and Ambedkarism. With boundless energy, he waved the banner of liberation, becoming the backbone of the revolutionary democratic centre in Mumbai and Maharashtra. He dedicated himself ...

How Mumbai University crumbles: Not just its buildings

By Rosamma Thomas*  In recent days, the news from the University of Mumbai has been far from inspiring – clumps of plaster have fallen off the ceiling at the CD Deshmukh Bhavan, and it was good fortune that no one was injured; creepy crawlies were found in the water dispenser that students use to collect drinking water, and timely warning videos circulated by vigilant students have kept people safe so far.

Why crucifixion is a comprehensive message of political journey for the liberation of the oppressed

By Vijayan MJ  Passion week is that time of the year when Christians all over the world remind themselves about the sufferings, anguish, pain and the bloody crucifixion that Jesus Christ took on himself, as part of his mission of emancipating the people and establishing the kingdom of god. The crucifixion was not just a great symbolism of the personal sacrifice of one person, but it was a comprehensive messaging of a political journey for the liberation of the oppressed; one filled with struggle, militancy, celebration of life, rejection of temptations, betrayals, grief, the long-walk with the cross, crucifixion and ultimately resurrection as a symbol of victory over the oppressors and evil. 

Akhilesh Yadav’s boycott of Dainik Jagran: A step towards accountability or political rhetoric?

By Vidya Bhushan Rawat  Akhilesh Yadav has called for a total boycott of Dainik Jagran, a newspaper owned by the Gupta family. He also declared that the Samajwadi Party will no longer participate in any panel discussions organized by a media channel allegedly controlled by the family or relatives of the omnipresent Rajiv Shukla. Akhilesh Yadav and the Samajwadi Party are well aware that Dainik Jagran has long been antagonistic to Dalit-Bahujan interests. The newspaper represents a Bania-Brahmin corporate and ideological enterprise.

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor*  In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.