Does The Average Indian Feel They Have Equal Justice Under The Law?
Justice is essential because it
requires the acknowledgment of pain, prevents repetition, and restores a
feeling of equality and compassion. One of the most essential goals of a
successful state is to seek to ensure justice for every segment of society.
Since the Indian constitution was created by the people and lays out the
creation of the state and instructs it to carry out its duties while keeping in
mind the fundamental ideals stated in the constitution, achieving justice for
the residents has been given the top importance. The Indian Constitution's
Preamble mentions promoting social, economic, and political fairness as one of
its goals.
The Preamble aspires to guarantee social,
economic, and political justice to all citizens. Although it can be difficult
to define justice precisely, it can generally be said that justice is
synonymous with equity and fairness. Therefore, social justice would entail
treating everyone equally and prohibiting discrimination based on caste, creed,
sex, place of birth, religion, or language for all segments of society. Similar
to social justice, economic justice entails equal access to all of the nation's
natural resources by all of its citizens and the elimination of all
unjustifiable poverty. Similar to this, political justice accords equal
political rights to all citizens, including the right to vote, the right to run
for office, the right to occupy public office, etc.
When the state violates a basic right,
the constitution provides protections, such as the right to a constitutional
remedy, which allows a person to go directly to the Supreme Court or High
Courts under article 32. The Indian Constitution's most distinctive
characteristic is this. The article's clause specifies that:
(2) For the purpose of enforcing any of
the rights granted by this Part, the Supreme Court may issue directives,
orders, or writs, including writs in the form of habeas corpus, mandamus,
prohibition, quo warranto, and certiorari.
Free, legal aid is mentioned in Article 39 A as one of our directive principles. It states that the state must ensure that the functioning of the legal system promotes justice on the basis of equal opportunity and must, in particular, provide free legal aid through appropriate legislation or programs or in any other way to ensure that no citizen is denied the opportunity to secure justice due to financial or other disabilities. In light of the extreme poverty in our nation, where a sizable portion of the populace struggles to meet their basic needs like food and clothing, this provision was added to our constitution.
In such a situation, it is difficult to
imagine how the people could consider engaging in expensive and time-consuming
litigation when their rights are violated. Suppose if a person has been charged
for theft and he has no money, he will need to consult a criminal lawyer for
securing the legal assistance under Article 39A. Criminal Lawyer In
Rohini Court can be consulted. Likewise, he has been charged for
theft in Hyderabad or Kolkata then he can consult Criminal
Lawyers In Hyderabad or Criminal Lawyers In
Kolkata.
The Legal Services Authorities Act
(LSAA) went into effect in 1995 to make free legal assistance available to
those who are socially and economically vulnerable. It might have changed the
course of equitable access to justice. LSAA, like many other welfare-based
laws, is subject to substantial implementation problems, such as government
indifference, administrative obstacles, corruption, and, most importantly, a
severe lack of funding.
Free legal assistance has not made much
of a difference, in my opinion. It is remarkable that civil society has not
paid enough attention to the public provision of legal aid and the need to
demand higher funding and better implementation of the Act despite increased
awareness of the need to reform our judicial system and the different efforts
in this regard. Strengthening advocacy through more extensive dialogues and
public engagement on this subject is urgently required.
In order to provide equitable justice
under the law, much work remains. Although Article 14, 21, 38, and 39A support
equal justice by providing free legal assistance, in practice they have not
been able to accomplish their intended aim.. India merely lacks the commitment
to put its laws into practice, not the laws themselves, which are necessary to
ensure justice. The political elite will greatly benefit from realizing that no
nation can be considered truly developed until it ensures fairness for every
segment of society. Additionally, it should be kept in mind that all Indians
have a duty to support their fellow citizens in order to ensure that justice is
obtained for all social groups. This responsibility extends beyond the
political elite.
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Criminal Lawyer In Rohini Court, Criminal Lawyers In Hyderabad, Criminal Lawyers In Kolkata
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