‘Access to Justice’ Starts Much Before Entering Court: Justice Gita Mittal, Chief Justice Jammu & Kashmir and Ladakh High Court

Indian judicial system is firmly rooted in common law tradition

The Indian judicial system, like those in Commonwealth countries, is firmly rooted in the common law tradition. The subject of ‘access to justice’ is one of great contemporary importance. The words ‘access to justice’ immediately stir up in our mind the idea that every person who seeks justice must have timely and affordable access to the appropriate level of legal assistance, and a fair and efficient court or process to resolve disputes. 

This will enable them to understand the issue and get fair & cost-effective resolutions on the facts and applicable law. They will feel like they were heard and treated fairly.

Access to justice starts much before entering the court premises

Justice Gita Mittal, Chief Justice Jammu & Kashmir and Ladakh High Court, at an event by BW Legal World, spoke on how the issue of ‘access to justice’ starts rather before entering the court premises. She recounts a few instances from her rich industry experience and believes that people who come to court overcome many barriers, which may not always be economical. “Ignorance, family inhibitions, societal pressures, fear of institutions, etc., bring a gamut of experiences for them,” she adds. 

Uniform procedures will make 'access to justice' easier for all

She further illustrates her point with a few examples, of how the court itself imposes barriers to litigants. She recalls how once a litigant was denied the gate entry since he did not have a photo id, a rape victim was made to stand with the criminal and how once a litigant took 20 years to reach the court, owing to his sheer lack of knowledge. Such instances have had such a profound impact on Justice Mittal. She urges to have uniform procedures and enabling measures to make the process of ‘access to justice’ easier for all. 

Virtual Courts are a challenge for entry-level lawyers

During her interaction with us, she discussed how the availability of e-connectivity in the courts is an issue of ensuring access to justice to the citizens. This is a fundamental right and cannot be impeded in any manner. She also opines on how efficient the E-courts are proving today. “E-courts are advantageous in the sense that the hearings are controlled. However, as a disadvantage, lawyers and litigants are not having the means to access virtual courts (digital divide). Virtual courts are a challenge for entry-level lawyers to make their points. We need to find ways that will encourage young people to enter our courts. Lack of connectivity can be a huge barrier, especially in J&K. "We must look with a new dimension and perspective. As for now, people are facing issues with virtual courts". This is in turn, is a barrier to ‘access to justice’.”