‘Access to justice’ is an invaluable human right recognised in most constitutional democracies and civilised societies. Our Supreme Court has, in a Constitutional Bench judgement in 2016 , observed that "the Magna Carta, the Universal Declaration of Rights, the International Covenant on Civil and Political Rights, 1966, the ancient Roman Jurisprudential maxim of ‘Ubi Jus Ibi Remedium’, the development of fundamental principles of common law by Judicial pronouncements of the Courts over centuries, have all contributed to the acceptance of access to justice as a basic and inalienable human right which all civilized societies and systems recognise and enforce”.
The Supreme Court has by a long line of Judicial pronouncements given ‘access to justice’ a place of pride in its interpretation of "life” under Article 21 of the Constitution. It has underlined that if "life” implies not only physical life but also the bundle of rights that make life living, then the denial of "access to justice” would violate the right to life guaranteed under Article 21.
The Supreme Court has further held that access to justice is also a facet of the right guaranteed under article 14 which guarantees equality before the law and equal protection of the laws not only to citizens but non-citizens also and that equality before the law and equal protection of the laws is not limited in its application to executive action that enforces the law but also in relation to proceedings before the courts, tribunals and other for a where law is applied and justice is administered. In fact, lack of access to such systemic measures and mechanisms for the purpose of finding a remedy to the grievance despite the existence of a robust justice system, ultimately frustrates the quest of justice and exposes the marginalised to extreme vulnerability and exploitation. Access to justice can be maximized and strengthened by enhancing its outreach by removing the barriers in the way.
"Access to justice" has remained a challenge for the physically inaccessible areas of the State owing to its unique topography.
A historic new initiative –
The Court is undertaking an elaborate exercise of ensuring that access to justice reaches the remotest corner of the Union Territories, especially to areas which are rendered inaccessible on account of protracted harsh weather and to the marginalised communities.
This proposed initiative is called the "Insaaf Ki Dastak” that has a two-pronged approach to enable continuous access to justice to people living in areas that disable them on account of being located in far flung locations, prevented by harsh weather conditions or on account of ignorance, illiteracy, disability, poverty or any other disabling reasons in approaching the nearest Munsiff, Magistrate, District and Sessions Courts and the High Court.
The filing of cases by persons from designated remote area before the District Court or the High Court can be undertaken either at the designated Post Offices/approved CSCs or at the nearest Court of lowest jurisdiction located in the area. In case he / she desires so, the Legal Services Authority / concerned District Legal Service Authority Security of the Judge and staff.
While acknowledging the fact that this system is under a primary obligation to deliver justice and to uphold its majesty, the "Insaaf Ki Dastak” initiative undertaken by the Hon’ble High Court of J&K, strives to achieve justice by reaching out to the last person in the remotest areas of Jammu, Kashmir & Ladakh regions by taking outreach initiatives for connecting to the people with the help of PLVs, Legal Service Institutions, Post Offices, Government approved CSCs and the local administration.
Innovative and effective strategies are necessary for combating the endemic challenges and obstacles in this quest towards justice. The magnificence of the "access to justice” concept would be upheld and ensured when we remove all the hindrances in the way and ensure the Rule of Law.
