CJI DY Chandrachud was addressing Regional Conference on Access to Legal Aid
Listing the barriers in the way of equal access to justice, Chief Justice of India DY Chandrachud has called for a collaboration between legal systems of various countries in the Global South as a step towards taking justice to everyone.
He was addressing the first Regional Conference on Access to Legal Aid. The two-day conference in New Delhi began today with the goal to address challenges in ensuring quality legal aid in countries of the Global South. The meet has been organised by National Legal Services Authority, International Legal Foundation, UN Development Programme and UNICEF.
The Chief Justice began his address by thanking the organisers. "The discourse about human rights and access to justice has been historically monopolised by voices from the Global North, which often makes such dialogue unsuitable for application in other contexts. Undeniably, it is imperative to amplify the justice needs of under-represented populations in our respective countries. I am certain that this conference will serve as a meaningful point of departure for engagement between India and the 69 other participating countries, with whom we share a close bond," he said.
The Chief Justice said the concept of justice has historically been construed as applicable within the confines of a sovereign state. "Given the intricate web of transnational relationships in the present age, our conceptions of justice have also changed. In these transnational relationships, not all nations are treated equally. However, some nations share a sense of solidarity and belonging. It is here that constructed categories such as the 'Global South' become important points of collaboration," he said.
The Global South term, he said, is not geographical, "but rather it reflects political, geopolitical and economic commonalities between certain nations". "Several nations in the Global South, including India, have historically been at the receiving end of imperialism or colonial rule. This history resulted in a relationship of unequal power, with such nations being forced into the periphery of the world economy. It is for this reason that before academics used the term 'Global South', terms such as 'developing/'underdeveloped' and 'third world' had gained wide currency," he said.
The Chief Justice said this conception has now changed due to a "universal 'shift in wealth' from the metaphorical 'North Atlantic' to 'Asia Pacific'". "One of the reasons why nations in the Global South have been able to achieve economic prosperity is their willingness to recognise their unique needs and collaborate with each other. This conference serves as a starting point for our nations to expand beyond mere economic and trade alliances and make cooperation between our legal systems a key priority," he said.
The complexities of law and process, the inequality between ordinary citizens and powerful adversaries, judicial delays, and the belief that the system works against marginalised communities are among the various barriers that stand in the way of equal access to justice, the Chief Justice said. "When I assumed office as a Judge of the Supreme Court, this perception of our court worried me greatly, and with utmost humility, continues to worry me. I realised over time that access to justice is not a right that can be secured only by crafting pro-people jurisprudence in our judgements, but rather it requires active progress on the administrative side of the court as well," he said.
The Chief Justice referred to the steps he had taken to increase the citizen's access to the courtroom and said the "most effective weapon that we wield to accelerate access to justice is technology". He went on to refer to how the Supreme Court started live-streaming of its proceedings to bring the courtroom to the homes of common citizens. He also spoke about the steps taken to make the Supreme Court a more inclusive space. These include installation of nine gender-neutral restrooms and introducing an additional column for lawyers to mention their preferred pronouns while appearing before the court or filing documents.
"Recently, the Supreme Court acted swiftly to appoint a sign-language interpreter for a member of the bar with a hearing impairment. Such initiatives aim to ensure that individuals belonging to diverse communities, including gender minorities and persons with disabilities, are not only granted physical access to the court but are also able to express themselves authentically," he said.
The Chief Justice said the judiciary has the potential to play an extraordinary role in increasing access to justice, and this has been uniquely displayed by several countries in the "Global South". "Countries, including India, have developed ingenious legal practices to increase access to justice," he said, saying such steps resulted in the court being regarded as the "people's court".
"At the administrative level, too, the legal systems of various nations in the Global South can collaborate with each other to increase judicial cooperation and access to justice," he said.