NEW DELHI: Less than a month before he takes over the reigns of India’s judiciary, justice N V
Ramana on Monday outlined some of his concerns including lack of access to justice for the poor, as they can't afford lawyers.
Next in line to be appointed Chief Justice of India (
CJI), justice Ramana also reminded lawyers at an event in Delhi’s Rouse Avenue court complex that not everyone can pay their fee, urging them to also do pro-bono (legal aid for free) work.
To drive home his point on challenges faced by poor litigants, justice Ramana recalled an incident from the time when he was Chief Justice of Delhi high court.
He said that an old lady waiting in the court premises asked him during an event - when will you put a cap on the fee lawyers can charge? “I responded, Madam, the Court cannot control these things. She asked me back - Sir, tell me how people like us can even come to the courts then?” the judge narrated.
Addressing the lawyers the judge urged them to “understand the plight of those who cannot afford legal fees….extend a helping hand whenever you can! I believe that all lawyers should attempt to do some pro-bono work in order to give back to society and serve the people.”
He explained that this is where legal aid assumes great importance. “When people cannot reach us, we should reach them,” justice Ramana told an audience that consisted of Chief Justice of Delhi high court D N Patel and senior judges of HC and district courts of the city.
The SC judge added that the idea of “access to justice” is deeply embedded in the Constitutional vision of justice and in a democratic country like India, it forms the very bedrock of “rule of law.
Referring to the “dual realities” where Indians are a highly talented, sought after work force yet millions live without access to basic fundamental amenities of life, including access to justice, the judge stressed on the need to discuss these topics. “Although the reality is sad, the same should not de-motivate us,” he remarked.
As the senior most judge after the CJI, justice Ramana currently helms the National Legal Services Authority (NALSA) which is celebrating its 25th year. He was speaking at the Delhi State Legal Service Authority’s (DSLSA) program to open front offices of district legal services at various court complexes of Delhi.
In his presidential address, the SC judge informed the gathering that during Covid pandemic NALSA and its affiliates such as DSLSA helped 57,79,546 migrants in terms of transit, food and medical aid.
The judge highlighted that India is probably the only country where the “means test” doesn’t apply while extending legal aid to women, children, persons in custody, SC/ST, victims of disaster etc. They are entitled to free legal aid irrespective of their income/means, he said, pointing out that 70% of the population are entitled for free legal aid, which makes Indian legal aid system one of the largest in the world in terms of the percentage of people entitled to free legal aid.
Explaining the steps taken to expand legal aid, the judge said “for strengthening legal services, we at NALSA have envisaged a scheme for providing legal aid to accused persons in criminal matters, called the Legal Aid Defence System. This office has been established by DSLSA in Dwarka Courts as a pilot project for providing legal aid in criminal matters in Sessions Courts. Under this scheme, lawyers are exclusively engaged on full-time basis, for conducting legal aid cases in Sessions Courts. This scheme is to be implemented in 17 districts across the country on a pilot basis for two years. Around 1600 cases have been handled by the Legal Aid Defense Counsel System during the year 2020 alone.”