Author: Minakshi Trivedi, a Student of N.B.T. Law College
To The Point :-
India is a democratic country that claims to ensure every citizen is guaranteed justice, equality, and liberty. However, the actual access still remains a rare opportunity and not a legal right. In spite of countless schemes, the average population usually comes across a bewildering legal system outlined by rigid and grotesquely gradual outdated procedures, a burdened judiciary, and no transparency.
Investment with the total funding of central and state is not enough for a simple legal consultation. When statistically compared with the entire legal framework, legal aid’s position is extremely negligible. Spending on milk by an average Indian per annum is undeniably more than what the government allocates for legal aid. There are numerous pending cases, and statistically, it can be said that there are 21 judges per million population.
The system is theoretically open but closed; it is a disguise of justice—only those with power, connections, or education can have access to it.
Abstract :-
This article analyses the mockery system of legal accessibility in India. While the Constitution assures equality before law and free legal aid, the actual today’s world says something totally contrasting to it. Franz Kafka’s Before The Law is an epitome of a common man who waits his entire life and gives up everything that he has to understand and imply the legal system by getting inside the gate which was used as a metaphor of how the legal system is inaccessible to the common man and to the extent that the average men are rendered with nothing after they devote their life, money, and expectations and end up dying at its gate. Likewise, Indians, especially in rural areas and vulnerable sections of the society, are left with empty dreams.
This article critically and articulately analyses legal schemes, case laws, system, and false narratives to ask: Is access to legal justice really democratic? Or is it an articulately woven illusion whose key to the reality is with those in power?
The Proof :-
Although the Indian Constitution guarantees justice and legal aid, the actual implementation of the legal system still serves as a dream for many people out there. For an average person, when taking into consideration the condition of the weaker sections of society and those who live in remote areas, the way to justice is filled with many blunders, obstacles, complicated legal language, ambiguity, and corruption. Courts are insurmountably burdened, which eventually leads to prolonged litigation that often extends to many years.
- Judicial Delay:
What commences as a meagre issue often is changed into a long procedure of law that stretches across years, with victims spending more money than they can afford while being forced to attend thousands of hearings. Justice is delayed so much that it loses its value over time. - Exclusion through Inaccessibility:
People with disabilities, women going through domestic violence, and poor litigants frequently are not even given mercy by the local authorities, being forced to bribe, seek legal representation, or even access the courtroom. For example, many courtrooms lack basic necessities and infrastructure such as ramps, functioning help desks, and so on. - Legal Aid in Name but Never Implemented:
Government schemes like NALSA and Tele-law are created in such a way that legal support can be given for free, but most people are completely unaware of this. Even when they do show interest, the procedure is completely prolonged. Legal clinics in village areas are almost nonexistent and irregularly filled with staff members, defeating the very purpose of legal aid. - Language and Procedural Obstacles:
Legal notices, summons, and court orders are often depicted in confusing, ambiguous legal English that is not easily understood by common people. The lack of local language translations and clarified instructions gives rise to a gap between the legal system and those who should benefit from it. - Imbalance of Representation:
Well-connected individuals can manage senior advocates and special counsels. On the other hand, the destitute must completely rely on over-prolonged public defenders, often unable to manage their cases sufficiently and efficiently.
Together, these issues form a pattern. The law may grant equal access—at least that’s what it claims—but it only gives actual equal access to those who possess education, power, or privilege. For the remaining people, the legal system looks like an apple on a tree that cannot be reached no matter how hard you endeavour; theoretically it is open, but in reality, it is not even there.
Use Of Legal Jargon :-
∙ Access to Justice:
The ability of individuals to obtain relief by filing a suit for justice against the sufferings that they have suffered.
∙ Legal Aid:
Free legal services that are given to individuals who are poor and cannot pay to hire a lawyer.
∙ Undertrial:
A person who has been kept in custody after being convicted but whose trial has not yet been finished.
∙ ∙ Judicial Delay:
The excessive time taken by the courts to come to judgments while dealing with the cases.
∙ Tele-Law:
A government initiative to connect village-side people to legal service providers through online conferencing.
∙ Labyrinthine:
Refers to something that is extremely complex and a herculean task to analyse.
Case Laws :-
To imply how the judiciary system of India has been interpreted to the issue of legal accessibility, there are some case laws that will provide a deeper insight.
Olga Tellis v. Bombay Municipal Corporation (1985):
Being held that the right to livelihood is now considered a part of Article 21, it indirectly depicted that such fundamental protections are only accessible to the destitute when fought through prolonged, overburdened litigation—something that the average man often lacks the ability to seek.
Hussainara Khatoon v. State of Bihar (1979):
This case showed the deep-rooted refusal of access to the legal system for the destitute and revealed how scarcity of representation leads to unconstitutional detention, a practice that unfortunately prevails in many parts of the country.
Khatri v. State of Bihar: (1981)
This emphasised the requirement for the immediate need of legal intervention, which is frequently absent in reality, especially in rural and remote areas where public defenders are not seen or are inefficient.
Conclusion :-
The Indian legal system, on paper, guarantees every right to every citizen, regardless of their class, sex, gender, literacy, or so on. But the reality paints a much bitter and unfortunate truth. While the Constitution shows the safeguarding of the rights through judicial activism and multiple government initiatives, the implementation still looks like a big obstacle that is yet to be solved or eliminated or improved. Lengthy procedures, language ambiguity, lack of legal awareness, understaffed courts with overburdened cases, and a lack of proper framework continue to eliminate the very people that the law says that it should serve and will serve.
The truth is that justice in India remains a dream for the weaker sections of the society. A large section of the population still looks at courts not as a source through which justice will be served but as a last option, which will be sought only when their other options are completely exhausted. And as we all know, Franz Kafka’s work Before The Gate becomes more than a metaphor—it becomes a reality, reflecting how justice is beautifully articulated and assured of, but consistently delayed for those who are outside the special circle of the special people.
Thus, while the Constitution enshrines legal equality, the reality requires so many improvements. Legal literacy, clarification of the prolonged procedures, technological inaccessibility, and responsibility in public legal aid systems must all be kept as the top-notch priority. Justice must be seen as a source of what it claims and should be proved to be fair.
Only then can we expect the country to move from a theoretical access to the real justice for every Indian.
FAQs :-
Is legal aid free in India?
No. Free legal aid is accessible only to eligible individuals under the Legal Services Authorities Act, 1987.
Where can free legal aid in India be registered?
Citizens can apply at:
District, State, and Common Services Centres.
Why does the common man hesitate to approach the courts?
Many reasons, such as those who are in power are able to bribe and take help from the special counsel and the advocates, there are prolonged procedures in hearings and judgments, and there is a lack of accessible infrastructure for persons with disabilities.
Can a person file a PIL without a lawyer?
Yes. A public interest litigation can be filed by any citizen, even without legal representation, if the issue affects the public at large.
How is language considered as a barrier in the courts?
Many court procedures and judgments are in English, which the population does not comprehend properly. Lack of proper translation of the documents and the procedures further leads to isolation of the uneducated litigants.
