1 - Right To Justice

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Chairperson ,

Justice N.K. Jain


(Former Chief Justice
High Court of Madras & Karnataka)
With best Compliments
RSHRC
Under the guidance of
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RAJASTHAN STATE HUMAN RAJASTHAN STATE HUMAN
RIGHTS COMMISSION RIGHTS COMMISSION
Prepared by:-
Internship students of
various law
university and
colleges.
Under the guidance
of Honble Mr.
Justice N.K. Jain.
(Former Chief justice of
Madras and Karnataka
High Court)
Chairperson, RSHRC
SECRETARIAT
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Honble Chief Minister Shri Ashok Gehlot
Justice N K Jain,
Chairperson
Member s
Justice Jagat Singh
Shri D.S.Meena
Shri Pukhraj Seervi
Honbl e Chai r per son and
Member s Of Raj ast han
St at e Human Ri ght s
Commi ssi on are :
From 06-07-2005
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Project
on
RIGHT TO JUSTICE
With kind inspiration from Honble
Mr. Justice Nagendra Kumar Jain.
(Former Chief justice of Madras and Karnataka
High Court)
Chairperson - R.S.H.R.C
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Pankaj Sevta Siddharth Paliwal
B.B.A. L.L.B. (Hons.) 2
nd
year B.B.A. L.L.B. (Hons.) 2
nd
year
NATIONAL LAW NATIONAL LAW
UNIVERSITY, CUTTACK UNIVERSITY, CUTTACK
Mob- 9799027475 Mob. 07742268364
E-Mail Id- pankajnluo@gmail.com siddharthpaliwal09@gmail.com
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SOURCE OF RIGHT TO SOURCE OF RIGHT TO
JUSTICE JUSTICE
Article 39 Article 39- -A of the Indian Constitution that A of the Indian Constitution that
directs the State directs the State - - to secure equal justice and to secure equal justice and
free legal aid for the citizens. free legal aid for the citizens.
Securing justice Securing justice - - social, economic and political social, economic and political
to all citizens is one of the key mandates of the to all citizens is one of the key mandates of the
Indian Constitution Indian Constitution
Justice Delayed Justice Delayed
Is Is
Justice Denied Justice Denied
Why Has This Why Has This
Delay Happened Delay Happened
CAUSES OF DELAY CAUSES OF DELAY
Delay in disposition of cases Delay in disposition of cases
Strength of Judges are inadequate Strength of Judges are inadequate
according to population and bunch of cases according to population and bunch of cases. .
The infrastructure of the lower courts is The infrastructure of the lower courts is
very disappointing very disappointing
Competency of the Other Staff in Court Competency of the Other Staff in Court
Investigative agencies generally delay Investigative agencies generally delay
DELAY IN DISPOSITION OF CASES DELAY IN DISPOSITION OF CASES
Due to huge Due to huge pendency pendency, the cases take years for its final , the cases take years for its final
disposal, which would normally take few months time disposal, which would normally take few months time
It means negating the accessibility of justice in true terms to It means negating the accessibility of justice in true terms to
the common man the common man
Decision must be delivered within a reasonable time. Decision must be delivered within a reasonable time.
Totally unfair if a suspected criminal waits for trial for years Totally unfair if a suspected criminal waits for trial for years
and is ultimately found innocent. and is ultimately found innocent.
Victim will not be satisfied if there is no punishment to the Victim will not be satisfied if there is no punishment to the
criminal for so long. criminal for so long.
Speedy justice could ensure effective maintenance of Law and Speedy justice could ensure effective maintenance of Law and
order. order.
STRENGTH OF JUDGES ARE INADEQUATE STRENGTH OF JUDGES ARE INADEQUATE
ACCORDING TO POPULATION AND BUNCH ACCORDING TO POPULATION AND BUNCH
OF CASES. OF CASES.
Pending cases in the Supreme Court number 30,000 Pending cases in the Supreme Court number 30,000
Pending cases in high courts over 33.79 Pending cases in high courts over 33.79 lakh lakh
Pending cases in subordinate courts over 2.35 Pending cases in subordinate courts over 2.35 crore crore. .
This is due to shortage of judges This is due to shortage of judges
Ratio of judges to population is 10.5 to one million, Ratio of judges to population is 10.5 to one million,
the lowest in the world the lowest in the world
THE INFRASTRUCTURE OF THE THE INFRASTRUCTURE OF THE
LOWER COURTS IS VERY LOWER COURTS IS VERY
DISAPPOINTING DISAPPOINTING
Lower courts are not having good infrastructure. Lower courts are not having good infrastructure.
The lower Courts have no convenient building or The lower Courts have no convenient building or
physical facilities. physical facilities.
In some courts security systems is also not good. In some courts security systems is also not good.
Financial aid should be provided to Bar Associations. Financial aid should be provided to Bar Associations.
Good working condition leads to excellence of Good working condition leads to excellence of
service and qualitative justice to the litigating public. service and qualitative justice to the litigating public.
COMPETENCY OF THE OTHER COMPETENCY OF THE OTHER
STAFF IN COURT STAFF IN COURT
The administrative and clerical staff should be The administrative and clerical staff should be
competent. competent.
Clerical staff must be free from all type of Clerical staff must be free from all type of
corruption. corruption.
Lack of adequate & efficient staff. Lack of adequate & efficient staff.
INVESTIGATIVE AGENCIES INVESTIGATIVE AGENCIES
GENERALLY DELAY GENERALLY DELAY
Investigating agency failed to submit charge Investigating agency failed to submit charge
sheet within statutory period sheet within statutory period
Investigation of crime is generally heard that Investigation of crime is generally heard that
the accused gets bail the accused gets bail
The lethargic police investigation is also a The lethargic police investigation is also a
ground of slow process of law. ground of slow process of law.
CONSEQUENCES OF CONSEQUENCES OF
DELAY AND DENIAL DELAY AND DENIAL
Leads to increasing "Out of Court Leads to increasing "Out of Court
settlements settlements
Leading to the loss of trust in our Judicial Leading to the loss of trust in our Judicial
System. System.
Shows our criminal justice system is sick. Shows our criminal justice system is sick.
Cases Cases
of of
Delay and Denial Delay and Denial
UPHAAR CINEMA CASE UPHAAR CINEMA CASE UPHAAR CINEMA CASE UPHAAR CINEMA CASE
UPHAAR CINEMA CASE UPHAAR CINEMA CASE
It took six years to prove 59 people died due to It took six years to prove 59 people died due to
criminal negligence on the part of the cinema criminal negligence on the part of the cinema
management management
Nobody would have died had the cinema followed Nobody would have died had the cinema followed
safety rules. safety rules.
Indian justice move at the pace of our national Indian justice move at the pace of our national
vehicle vehicle - - the bullock cart. the bullock cart.
It took six years for justice to be done It took six years for justice to be done
If appeal is done it would take more years. If appeal is done it would take more years.
UPHAAR CINEMA CASE UPHAAR CINEMA CASE
JESSICA LAL HORRIFIC JESSICA LAL HORRIFIC
MURDER MURDER
JESSICA LAL HORRIFIC JESSICA LAL HORRIFIC
MURDER MURDER
She was shot dead in a Delhi bar in full view of She was shot dead in a Delhi bar in full view of
several people. several people.
On the basis of their statements that the police built On the basis of their statements that the police built
their case against Manu Sharma. their case against Manu Sharma.
He fled the crime scene. He fled the crime scene.
Remained on the run for days. Remained on the run for days.
Witnesses to the murder suddenly became unable to Witnesses to the murder suddenly became unable to
identify him as the killer. identify him as the killer.
He is already out on bail He is already out on bail
How This Delay How This Delay
Could Could
Be Tackled Be Tackled
REMEDIES TO OVERCOME REMEDIES TO OVERCOME
DELAY (SUGGESTIONS) DELAY (SUGGESTIONS)
Need to improve the basic infrastructure and management of Need to improve the basic infrastructure and management of
resources resources
Urgent requirement of Independent Investigative Agency Urgent requirement of Independent Investigative Agency
Establish more courts and to increase number of judges according Establish more courts and to increase number of judges according to to
population. population.
Establish a body at national level composed of Judges, Lawyers a Establish a body at national level composed of Judges, Lawyers and nd
Legal academics, which should be charged with a duty to conduct Legal academics, which should be charged with a duty to conduct
examinations for recruitment to IJS examinations for recruitment to IJS
Establishing special courts to deal with cases of corruption and Establishing special courts to deal with cases of corruption and
cyber crimes. cyber crimes.
Civil and Criminal procedure codes and the laws of evidence have Civil and Criminal procedure codes and the laws of evidence have to to
be substantially revised to meet the requirements of modem judic be substantially revised to meet the requirements of modem judicial ial
administration administration
CONCLUSION CONCLUSION
Should not resort in extra Should not resort in extra- -ordinary hurry ordinary hurry- -up of up of
cases by whatever means. cases by whatever means.
Justice hurried is justice buried is equally true. Justice hurried is justice buried is equally true.
Sufficient, reasonable and due hearing of every Sufficient, reasonable and due hearing of every
cases with consideration of its circumstances is cases with consideration of its circumstances is
the necessary requirement of natural justice and the necessary requirement of natural justice and
balance of convenience. balance of convenience.
Efforts required by Indian Judiciary to provide Efforts required by Indian Judiciary to provide
timely and speedy justice. timely and speedy justice.
Legal Aid
Legal Aid
SOURCES OF RIGHT TO SOURCES OF RIGHT TO
LEGAL AID LEGAL AID
Art.39 A of the Constitution of India says provide Art.39 A of the Constitution of India says provide
free legal aid to those who cannot access justice free legal aid to those who cannot access justice
due to economic and other disabilities. due to economic and other disabilities.
Sec. 304, Criminal Procedure Code says Sec. 304, Criminal Procedure Code says
If the accused does not have Sufficient means If the accused does not have Sufficient means
to engage a lawyer, the court must provide to engage a lawyer, the court must provide
one for the defense of the accused at the expense of the st one for the defense of the accused at the expense of the state. ate.
In In Khatri Khatri II Vs. State of Bihar, 1981 SCC ( II Vs. State of Bihar, 1981 SCC (Cri Cri) 228 it was said ) 228 it was said
The constitutional duty to provide legal aid arises from the tim The constitutional duty to provide legal aid arises from the time e
the accused is produced before the magistrate for the first the accused is produced before the magistrate for the first
time and continues when ever he is produced for remand. time and continues when ever he is produced for remand.
WHO IS ENTITLED TO FREE WHO IS ENTITLED TO FREE
LEGAL AID LEGAL AID
A member of scheduled castes or tribes. A member of scheduled castes or tribes.
Poor person with an annual income of not more than Poor person with an annual income of not more than
Rs Rs. 50000 for cases in supreme court and . 50000 for cases in supreme court and Rs Rs. 25000 . 25000
in other courts. in other courts.
A victim of trafficking in human being or beggar A victim of trafficking in human being or beggar
Disabled , including mentally disabled Disabled , including mentally disabled
A woman or child A woman or child
A victim of mass disaster, ethnic violence, caste atrocity, floo A victim of mass disaster, ethnic violence, caste atrocity, flood, d,
drought etc. drought etc.
An industrial workman An industrial workman
In custody, including protective custody In custody, including protective custody
Facing a charge which might result in imprisonment Facing a charge which might result in imprisonment
In case of great public importance In case of great public importance
DUTIES OF THE AIDED DUTIES OF THE AIDED
PERSON PERSON
Comply with directions given by the Secretary of the Comply with directions given by the Secretary of the
Legal Services Authority. Legal Services Authority.
Attend the office of the committee or courts as well Attend the office of the committee or courts as well
as of the advocates assigned, as when required. as of the advocates assigned, as when required.
Furnish true and full information to the advocate Furnish true and full information to the advocate
rendering legal service. rendering legal service.
Not pay any fee or expenses to the advocate rendering Not pay any fee or expenses to the advocate rendering
legal service. legal service.
STEPS INVOLVED IN THE STEPS INVOLVED IN THE
PROCESS PROCESS
The eligibility criteria and the merits of the The eligibility criteria and the merits of the
case are examined. case are examined.
If the application for legal aid is rejected, If the application for legal aid is rejected,
reasons shall be duly recorded and also reasons shall be duly recorded and also
informed to the applicant. informed to the applicant.
The applicant has the right to appeal before the The applicant has the right to appeal before the
chairman for a decision against such rejection. chairman for a decision against such rejection.
HOW TO APPROACH? HOW TO APPROACH?
A written application can be made to the concerned A written application can be made to the concerned
authority. authority.
When a person cannot read and write, the legal When a person cannot read and write, the legal
services authority will record his/ her statement services authority will record his/ her statement
along with thumb impression. Such a statement is along with thumb impression. Such a statement is
treated as application. treated as application.
The person who claims legal aid has to file an The person who claims legal aid has to file an
affidavit of his income. affidavit of his income.
WHOM TO APPROACH FOR FREE LEGAL AID WHOM TO APPROACH FOR FREE LEGAL AID
The person who needs free legal aid can approach the legal servi The person who needs free legal aid can approach the legal services authority ces authority
at any level : at any level :
National Level National Level - -State Level State Level - -District Level or District Level or Taluq Taluq
l^li ^i ilii lil-, ss/
-i -i ^ni i, r lln l l ili i li ni
ii i ; inl i in i ^ ^ ln r i, li ~ i i-
l^li ^i i i l l^li ^i ilii i n- li ni r | i l^li
rini i^i, -i ^ iii i i ^ i ini ,ii -i-i
i l-ii ni| l i r ni i, li ii, ii i n-
ii - l^li ^i l-lni i n- li ni r | l- - ln i, l i ;
-i-i i; i r i l| -i- - i^ i r , ; lil- i| l^li ^i
i ri i| -ni ri ni, l i ln
() ln iln i ln iln i - r ,
(z) l^ii . zs - iill - -i^ ^ri i ni i nii r i r ,
(s) -| i i r ,
() -il -^-i i ii -i r,
(r) lin ii^ r l^ii, in| lri, in| -ii, i, ii, i- i
i ni ln l^ii | iii i| nii r i ln r ,
(s) i ; i niln - i r ,
(/) i ln r , i ili -i | i| - ini r |
lin i - , ni i, li ii, ii, n- ii - ii i
lin l^li rini l-ln -i- - ^| l n li ~ i |
rini n||
-i n lil- ^ i -i^ lii ii n ,ii ilin i | i n| i i
- - a,zaas
WHOM TO APPROACH FOR FREE WHOM TO APPROACH FOR FREE
LEGAL AID LEGAL AID
Request can be made to Request can be made to
The Senior Civil Judge nominated as Chairperson of the The Senior Civil Judge nominated as Chairperson of the Mandal Mandal or or
Taluq Taluq Legal Service Authority. Legal Service Authority.
The Secretary, District Legal Services Authority at District The Secretary, District Legal Services Authority at District Level Level
The Secretary. Human Court Legal Services Committee at the State The Secretary. Human Court Legal Services Committee at the State
Level Level
Supreme Court Legal Services Committee at higher Level Supreme Court Legal Services Committee at higher Level
The Member Secretary of the State Level Services Authority The Member Secretary of the State Level Services Authority
The Magistrate before whom She/he is produced The Magistrate before whom She/he is produced
The Custodial Authorities, if under Detention. The Custodial Authorities, if under Detention.
SERVICES OFFERED BY THE LEGAL SERVICES OFFERED BY THE LEGAL
SERVICES AUTHORITY SERVICES AUTHORITY
Payment of court and other process fee Payment of court and other process fee
Charges for preparing, drafting, and filing of Charges for preparing, drafting, and filing of
any legal proceeding. any legal proceeding.
Charges of a legal petitioner or legal advisor Charges of a legal petitioner or legal advisor
Cost of obtaining decrees, Cost of obtaining decrees, judgement judgement, orders or other , orders or other
any documents in a legal proceeding. any documents in a legal proceeding.
Cost of paper work including printing and translation etc. Cost of paper work including printing and translation etc.
CASES FOR WHICH LEGAL AID IS NOT CASES FOR WHICH LEGAL AID IS NOT
AVAILABLE AVAILABLE
Cases in respect of defamation, malicious prosecution, Cases in respect of defamation, malicious prosecution,
contempt of court, perjury etc. contempt of court, perjury etc.
Proceedings relating to election; Proceedings relating to election;
Cases where the fine imposed is not more than Rs.50/ Cases where the fine imposed is not more than Rs.50/- -; ;
Economic offences and offences against social laws; Economic offences and offences against social laws;
Cases where the person seeking legal aid is not directly Cases where the person seeking legal aid is not directly
concerned with the proceedings and whose interests will concerned with the proceedings and whose interests will
not be affected, if not represented properly not be affected, if not represented properly
WHEN CAN LEGAL WHEN CAN LEGAL
SERVICES BE REJECTED SERVICES BE REJECTED
If the applicant has adequate If the applicant has adequate
means to access to justice. means to access to justice.
If he does not fulfill the eligibility If he does not fulfill the eligibility
criteria. criteria.
Has no merits in his application Has no merits in his application
requiring legal action. requiring legal action.
The Commission under the guidance of the The Commission under the guidance of the Hon Hon ble ble
Chairperson is making the common people aware about the Chairperson is making the common people aware about the
duties mentioned in Art. 51(A) of the Constitution. duties mentioned in Art. 51(A) of the Constitution.
Justice N.K Jain has made the Performa of these duties and Justice N.K Jain has made the Performa of these duties and
distributed. So many institutions have reprinted and distributed. So many institutions have reprinted and
distributed in public to create awareness as many people are distributed in public to create awareness as many people are
not aware of their duties. not aware of their duties.
He is motivating students of various schools, colleges and other He is motivating students of various schools, colleges and other
institutions. Students of these institutions are reciting the oa institutions. Students of these institutions are reciting the oath th
of article 51(A) of Constitution of India under the guidance of of article 51(A) of Constitution of India under the guidance of
R.S.H.R.C. R.S.H.R.C.
Fundamental Duties Art 51 Fundamental Duties Art 51- -A A
37
How the Duties can Minimize How the Duties can Minimize
The Delay in Justice The Delay in Justice
Duties and rights are related to each other. Duties and rights are related to each other.
Duties of a person is Rights of other. Duties of a person is Rights of other.
If duties are discharged in best possible way with If duties are discharged in best possible way with
full devotion then Delay can be reduced & full devotion then Delay can be reduced &
controlled. controlled.
If parties, Advocates, Staff perform their duties If parties, Advocates, Staff perform their duties
properly then unnecessary delay could be tackled. properly then unnecessary delay could be tackled.
Judicial System and procedure can Judicial System and procedure can t do anything t do anything
until duties are discharged until duties are discharged
For the awareness of the human rights in public at large, Justic For the awareness of the human rights in public at large, Justice Jain e Jain
has wrote about 31 booklets of various legal issues. Out of thes has wrote about 31 booklets of various legal issues. Out of these booklets e booklets
18 booklets have been published by the R.S.H.R.C. Many other 18 booklets have been published by the R.S.H.R.C. Many other
organizations, District Legal Aid Authorities, Departments, Scho organizations, District Legal Aid Authorities, Departments, Schools, ols,
Colleges etc. has also published some booklets like Women, Child Colleges etc. has also published some booklets like Women, Children, ren,
Dalits Dalits, Arrest, HIV/AIDS, Human Rights etc. by the permission of the , Arrest, HIV/AIDS, Human Rights etc. by the permission of the
Commission. They have distributed these booklets in 80000 in num Commission. They have distributed these booklets in 80000 in numbers. bers.
Some of these booklets are available on Commission Some of these booklets are available on Commission s website s website
www.rshrc.nic.in www.rshrc.nic.in and and justicenagendrakjain.com justicenagendrakjain.com. English translation of . English translation of
Some booklets are also available on a German website herenow4u.d Some booklets are also available on a German website herenow4u.de. e.
These books are: These books are:
Legal Awareness Legal Awareness Programmes Programmes
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31 book l et have been w r i t t en by J ust i c e Nagendr a
J ai n (Chai r per son RSHRC, J ai pur ) on di f f er ent l egal
and i mpor t ant i ssues
40
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Students reciting the oath of section 51(A) of Constitution of
India under the guidelines of RSHRC.
In addition to that in legal literacy and awareness program, In addition to that in legal literacy and awareness program,
chairman motivated students and even general public to recite t chairman motivated students and even general public to recite the he
pledge as mentioned in article 51(A) of Constitution of India. I pledge as mentioned in article 51(A) of Constitution of India. It is t is
good sign that so many schools have started taking prayer as per good sign that so many schools have started taking prayer as per
instructions of different concerned authorities as per the reque instructions of different concerned authorities as per the request of st of
the commission. Some of them are as follows: the commission. Some of them are as follows:- -
46
47
Students of some institutions reciting the Oath as
per Article 51(A) of Constitution of India under
the guidelines of RSHRC.
48
Students reciting the pledge.
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Rajasthan State Human Rights Commission Rajasthan State Human Rights Commission
BEWARE OF YOUR RIGHTS AND DISCHARGE DUTY WITH DEVOTION BEWARE OF YOUR RIGHTS AND DISCHARGE DUTY WITH DEVOTION
Chairperson : Justice N.K. Jain Chairperson : Justice N.K. Jain
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Bibliography Bibliography
www.rshrc.nic.in www.rshrc.nic.in www.rshrc.nic.in
www. nicef.com www. nicef.com www. nicef.com
It gives us great pleasure to express our deep sense of
gratitude to all concerned for the encouragement We
have completed this project. We are very much thankful
to Rajasthan State Human Rights Commission in
particular Chairperson, Honble Justice N. K. Jain for
giving us a chance to do the internship in this Rajasthan
Human Rights Commission.
ACKNOWLEDGEMENT
Pankaj Sevta Siddharth Paliwal
B.B.A. L.L.B. (Hons.) 2
nd
year B.B.A. L.L.B. (Hons.) 2
nd
year
NATIONAL LAW NATIONAL LAW
UNIVERSITY, CUTTACK UNIVERSITY, CUTTACK
Mob- 9799027475 Mob. 07742268364
E-Mail Id- pankajnluo@gmail.com siddharthpaliwal09@gmail.com
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