Reimagining access to justice and rectifying systemic barriers

The Hindu

08-05-2025

Public confidence in the Indian judiciary appears to be wavering due to a slew of reasons. The alleged discovery of burnt currency notes at the residence of High Court judge Justice Yashwant Varma has reignited concerns over judicial corruption and prompted several judges to publicly declare their assets.
There is also a perception that caste, religion, and political affiliations often dictate judicial conduct. Recently, Justice Shekhar Kumar Yadav of the Allahabad High Court delivered a speech at a Vishwa Hindu Parishad event. Meanwhile, the continuing spectacle of 'bulldozer justice', despite the Supreme Court rendering such extra-judicial demolitions illegal, further signals the increasing pressures on the judiciary.
Rethinking judicial reforms
Amid a credibility crisis, Tareekh Pe Justice: Reforms for India's District Courts (Simon & Schuster) by Prashant Reddy T. and Chitrakshi Jain offers a timely and critical intervention. The authors argue that meaningful judicial reforms must begin at the level of the district courts — the first and often the only point of contact for most Indian litigants. Far removed from the grandeur of constitutional benches, these courts often operate from dilapidated facilities. Yet they form the backbone of the judiciary, adjudicating the vast majority of civil and criminal cases across the country.
Reddy and Jain challenge the popular narrative that a 'resource crunch' is the primary affliction of the district judiciary, manifesting in burgeoning case backlogs and a pervasive culture of adjournments. These visible systemic infirmities are merely the tip of the iceberg. Drawing on anecdotal evidence, the authors echo a concern once voiced by former Chief Justice of India D.Y. Chandrachud — that district judges operate under the looming threat of retribution, acutely aware that delivering a verdict perceived as unpalatable to the ruling dispensation could invite Kafkaesque disciplinary proceedings. These enquiries, initiated by the High Courts, have routinely admitted unreliable hearsay evidence, resulting in the arbitrary dismissal of judges.
Culture of opacity
Even more concerning is the secrecy surrounding these proceedings. The authors are unflinching in their critique: 'While the judiciary has been vocal about advocating for transparency in government, it has remained resistant to subjecting itself to external scrutiny.'
This entrenched culture of opacity extends to judicial statistics. The book raises serious concerns about the reliability of data published on the National Judicial Data Grid (NJDG), an online repository launched in 2015 under the e-Courts Mission Mode Project to track case statuses across all levels of the judiciary. The authors draw attention to the NJDG's own disclaimer, which concedes that it does not offer verified or authentic information. With scathing candour, they remark, 'These are strange disclaimers for the e-courts project, which has consumed ₹2,308 crore of public money since its inception in 2005.'
Reddy and Jain also flag instances where the Supreme Court has arbitrarily invoked Article 121 of the Constitution to withhold statistical information from Parliament. While the provision restricts parliamentary debate on the conduct of individual judges except during impeachment proceedings, they contend that it cannot be used to insulate the judiciary's performance from legitimate scrutiny. Adopting a similar adversarial stance, the Supreme Court Registry has aggressively litigated against Right to Information (RTI) requests filed by citizens seeking data on judicial delays and other systemic limitations.
In the final sections of the book, three radical reforms are proposed to fundamentally reimagine the justice system. The first involves restructuring the judiciary to mirror the U.S. model, with two parallel hierarchies of courts — one to adjudicate disputes under parliamentary law and another under State laws. Pointing to the growing trend of 'tribunalisation' as evidence that this shift is already in motion, they argue that such a framework would bolster accountability by establishing clearer chains of command. The second proposal advocates for the reintroduction of jury trials to foster civic engagement. While acknowledging the additional resource demands, the authors reason that the potential to restore institutional credibility and strengthen civic culture far outweighs the marginal increase in costs. Lastly, they underscore the importance of procedural law in ensuring fairness and predictability in adjudication.
Demystifying the law
Making justice truly accessible requires not only institutional reforms but also a concerted effort to cultivate greater awareness of legal rights. This is particularly crucial for women, who are increasingly vulnerable to violence, even within the confines of their homes. The National Family Health Survey (NFHS) 2019-2021 revealed that 29.3% of married Indian women aged 18 to 49 have experienced domestic or sexual violence, yet a staggering 87% of victims of marital violence do not seek help. All too often, due to a lack of legal literacy, countless women endure abuse, exploitation, and mistreatment in silence. Legally Yours (HarperCollins) by Manasi Chaudhari serves as a beacon of hope, offering women a comprehensive resource to understand and assert their legal rights.
Drawing on her decades of experience as a family lawyer, Chaudhari is cognisant that legal literacy extends far beyond merely knowing that laws exist. It requires a nuanced understanding of how legal provisions can be meaningfully applied to navigate the complex realities of women's personal and professional lives. Her book offers practical insights and actionable solutions to a range of issues that many women confront daily: What recourse is available if someone threatens to leak private photos? What are the property rights in a live-in relationship? How can one respond to workplace sexual harassment? What remedies are available if an employer unlawfully withholds maternity benefits?
Yet, Chaudhari remains mindful of her audience, consciously avoiding the intimidating jargon typically associated with legal discourse. Instead, she infuses the book with engaging elements — Bollywood references, quizzes, and group activities. She also debunks several common myths: that domestic violence only involves physical abuse and protects only married women; that silence constitutes consent; and that maternity leave is unavailable to women who suffer a miscarriage, among others.
In doing so, the book democratises legal knowledge and empowers a crucial stakeholder to confidently navigate a system that too often feels alienating.