Access To Justice For Rural People And Entrepreneurs: Challenges & Legal Reforms

The meaning of the phrase "access to justice" varies depending on the society in question and is therefore ambiguous. Regardless of how it is defined, there is always a connection to conflict resolution because the latter's sole goal is to uphold justice. Therefore, having access to the state's dispute settlement mechanism is synonymous with having access to justice. More people are realizing that expanding access to justice is a necessary component of inclusive growth and a strategy for combating inequality. The Constitution provides substantive basis for this by guaranteeing certain fundamental rights such as, equal protection of laws, equality of status and opportunity, and the right to life and personal liberty to all its citizens and on violation of these rights to approach the court.

Many aspects of the Indian Constitution have been borrowed from other nations, including Britain, Ireland, the United States of America, Canada, Australia, Russia, France, Germany, South Africa, and Japan; however, the document was written with consideration for India's unique historical context, cultural heritage, and geographic constraints. The judiciary is the most trusted institution in India. Every person is entitled to express their opinions when their rights are violated. The "protection of an individual's dignity" is not achieved by the fundamental rights; rather, the right to the unrestricted exercise of one's rights must be guaranteed. As a result, Article 32 ensures the right to constitutional remedies, or the go to the Supreme Court to uphold basic rights.

The people who live in rural areas encounter numerous challenges. After filing a single complaint over several years, they become insolvent, Institutional constraints as well as obstacles related to the economy, society, and culture are frequent obstacles to obtaining justice services. Access to justice and legal services, both in actual and perceived terms, seems to be a significant factor. It seems difficult to link the needs for justice and the judicial system with the availability of legal aid. This problem is exacerbated by a growing number of individuals who are eligible for legal help, along with low or even falling public legal aid finance and coverage.

Legal Framework & Constitutional Provisions

The judiciary in India gives one the power to voice out their opinions when their rights are being enraged and when talking so it is protected by the following rights: Article 14 states that “The state shall not deny any person equality before law or equal protection of laws within the territory of India.”. So because of Article 14, all the citizens of India irrespective of their economic, social and political status has access to the courts in the same manner without any discrimination and with equality. According to Article 21 of the constitution-“No person shall be deprived of his right to life and personal liberty except in accordance with procedure established by law”. The process that limits this basic right must meet the reasonableness standard outlined in Article 14 and be equitable and effective. As a result, both parties to the disagreement can access the court procedures' legal services thanks to this impartial and non-arbitrary approach. When the state violates a person's fundamental rights, the Constitution offers protections in the form of the right to a constitutional remedy, which gives the affected party direct access to the Supreme Court or High Courts with extraordinary writ authority under Article 32 and Article 226, respectively. Article 32 is a basic right in and of itself. The previously mentioned constitutional clauses assume great significance in our nation, since the impoverished and those residing in rural and tribal areas exhibit social and educational regression. The Supreme Court expanded the application of these Constitutional provisions, which has benefited the poor and socially marginalised class, particularly in rural and tribal areas. However, a sizeable portion of these individuals continue to lack access to justice. They continue to believe that there are too many obstacles in the way of justice since it is facilitated by the legal system and laws. For them, justice is still unreachable and the law is still mysterious. Article 30 A states that - “Access to Courts and Tribunals and Speedy justice”-

(1) Everyone has a right to have any dispute that can be resolved by the application of law decided in fair public hearing before an independent court, or where appropriate, another independent and impartial tribunal or forum.

(2) The right to access to courts shall deem to include the right to reasonably speedy and effective justice in all matters before the courts, tribunal or other for and state shall take all reasonable steps to achieve the said objectives.

Access through public interest litigation

The Public Interest Litigation is one of the newer ways to make access to justice a reality. The judiciary is working to eliminate barriers that keep the underprivileged from accessing the legal system. The court now allows public interest litigation at the request of "any member of public or social action group acting bona fide" for the purpose of safeguarding the constitutional and legal rights of the weaker sections, which is a new development heralded by Justice P.N. Bhagwati. In the People's Union for the Democratic Rights v. Union of India case, he expanded on the idea even further by saying that“It would not be right or fair to expect a person acting pro bonus public to incur expenditure out of his bag for going to a lawyer and preparing a regular Writ petition. In such a case a letter addressed by him can legitimately be regarded as an appropriate proceeding”.

To improve the disadvantaged people's access to justice, the common rule of locus standi was broadened and the conservative position was abandoned. Judge Krishna Iyer made reference to “If the centre of gravity is to shift, as to the preamble of Constitutional mandate, from the traditional individualism of locus standi to community orientation of Public Interest Litigation.”

Access through free legal aid

Articles 14, 21, 39 A, and 22 (1) and 38 of the Indian Constitution guarantee the right to free legal help to those who cannot afford legal representation for whatever reason. This right is crucial in a welfare state like ours, where complicated laws make it difficult for members of marginalised communities to understand their rights and know how to defend them in court. This right has been evolved through case laws in addition to the Constitution. In MH Hoskot's case, the Supreme Court enlarged this power, with Justice Krishna Iyer declaring “If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned individual 'for doing complete justice.”

The state has passed appropriate laws, such as the National Legal Service Authorities Act of 1987, to fulfil its constitutional mandate. These laws address issues such as legal aid, legal literacy, and legal awareness.

The legal aid system made the assumption that the victim knew her rights and how to approach the court, that there were legal aid offices in outlying villages and tribal areas, and that the assigned attorney was qualified to handle the case in a way that would meet the needs of the local community. For the oppressed population in question, these assumptions proved to be unfounded and eventually irrelevant.

The Role of Technology in Enhancing Justice Access

Access through Alternative Dispute Resolution:

The state established the idea of alternative dispute resolution in order to advance justice based on equal possibilities because a significant portion of the population in this nation is impoverished, illiterate, regressive, or unaware. This judicial system includes Lok Adalat's, Grama Nyaya Layas, Ombudsman, and judicial Service Authorities under the Legal Service Authorities Act 1987. Its goal is to provide these individuals with quick and affordable access to social justice. These days, the court may order the parties to participate in conciliation, arbitration, or mediation.

The former Chief Justice of India, Dr. A.S. Anand, had hoped that by bolstering the authority of alternative dispute resolution (ADR), the coming century will see more discussion, conciliation, and arbitration than litigation. The effectiveness of the current ADR system is low. Because neither a mediator nor a conciliator has the authority to compel a party to appear and provide a defence, conciliation and mediation under the ADR procedure are ineffective. Furthermore, a ruling cannot be enforced on the losing side. Parties may relinquish rights under the ADR procedure, even though doing so goes against the Constitution's intent. An equal power structure between the parties has not been able to be upheld by this mechanism to provide access to justice.

Since the introduction of mobile courts in rural areas in 2015, there has been a 20% increase in the number of cases resolved in remote regions. Feedback surveys conducted among rural residents indicate a high satisfaction rate (85%) with the accessibility and efficiency of mobile court services.

Through the adoption of methods applied in methodology with the collection and in-depth analysis on rural access; it is to be concluded that education on fundamental rights with the right medium of establishment of communication and channel and setup of legal camps facilitates the growth of rural development and leads to provision of rural access to justice.

Awareness of fundamental rights is crucial for providing access to justice in rural areas. Ensuring that people understand their rights empowers them to seek legal recourse when needed. This awareness can be promoted through community education programs, legal literacy campaigns, and access to legal aid services. It's also important to address barriers such as language, literacy, and cultural differences to effectively communicate these rights to rural populations.

The importance of legal awareness camps in India is that the following goals must be attained by the Legal Services awareness camps:

• To increase community access to the programs being carried out by the Legal Services Authority and other government ministries, as well as to raise understanding of welfare laws and programs.
• Locating and linking individuals to welfare programs in order to guarantee that those who qualify receive the benefits of these initiatives.
• To comprehend people's legal demands and solve their legal issues by providing legal advice and carrying out other required actions.

Author: Rahul G, Manipal Law School, MAHE. Views are personal.