Examine the steps taken by the Indian judiciary to improve the involvement and representation of underrepresented groups in the legal system, including women, minorities, and the impoverished. Talk about the steps done to guarantee the legal system’s inclusion and to increase access to justice.
The Indian judiciary has made significant efforts to enhance the representation and participation of marginalized groups, such as women, minorities, and the underprivileged, in the legal system. Here are some measures taken to improve access to justice and ensure inclusivity:
Women’s Empowerment:
The Supreme Court has taken various initiatives to empower women, including:
Creation of the National Commission for Women (NCW) to investigate and take action against gender-based violence.
Establishment of women’s cells in High Courts and District Courts to address gender-based complaints.
Implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Minority Protection:
The Supreme Court has taken steps to protect minority rights, including:
Recognition of minority rights under Article 30 of the Constitution, which permits minorities to manage their educational institutions.
Protection of minority rights under Article 29 and 30 of the Constitution.
Establishment of the National Commission for Minorities (NCM) to promote and protect minority rights.
Access to Justice:
The judiciary has implemented measures to improve access to justice for marginalized groups, including:
Establishment of legal aid services, such as free legal aid clinics and mobile courts.
Introduction of Alternative Dispute Resolution (ADR) mechanisms, such as mediation and arbitration.
Simplification of court procedures and reduction of court fees.
Inclusive Jurisprudence:
The Supreme Court has adopted an inclusive approach in its judgments, considering the perspectives of marginalized groups, such as:
Recognizing the rights of transgender persons in Navtej Singh Johar v. Union of India (2018).
Protecting the rights of Dalits and Adivasis in various judgments.
Training and Capacity Building:
Judges and judicial officers have received training on issues related to marginalized groups, including:
Sensitivity training on gender issues and sexual harassment.
Training on disability rights and accessibility.
Technology Integration:
The judiciary has leveraged technology to improve access to justice for marginalized groups, including:
Online portals for filing cases and tracking court proceedings.
Video conferencing facilities for remote hearings.
Challenges:
Limited resources: Many marginalized communities lack access to resources, including lawyers, legal aid services, and infrastructure.
Limited awareness: Marginalized groups may not be aware of their legal rights or how to access justice.
Institutional bias: Judiciary may still be dominated by a male-dominated culture, which can perpetuate biases against marginalized groups.
Conclusion:
The Indian judiciary has made significant efforts to enhance the representation and participation of marginalized groups in the legal system. However, there is still much work to be done to address the systemic barriers that prevent full inclusion. Addressing these challenges will require sustained efforts from the judiciary, government agencies, civil society organizations, and individuals.