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LATEST NEWS UPDATES | Orissa HC Chief Justice Says India's Laws Discriminate Against the Poor

Orissa HC Chief Justice Says India's Laws Discriminate Against the Poor

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published Published on Apr 15, 2022   modified Modified on Apr 16, 2022

-TheWire.in

“There are many barriers to accessing justice that a marginalised person faces. The laws and processes are mystifying even for an educated literate person."

New Delhi: The chief justice of the Orissa high court, Justice S. Muralidhar, said on Thursday that India’s laws are designed in a way that discriminates against the poor. The justice system, he argued, works unequally for the rich and the poor.

“There are many barriers to accessing justice that a marginalised person faces. The laws and processes are mystifying even for an educated literate person. The laws are themselves structured to discriminate against the poor,” Chief Justice Muralidhar said. “The system works differently for the poor. The beggars’ courts, the Juvenile Justice Boards and the Mahila Magistrate courts are the first point of encounter for the poor with the legal system.”

The judge was speaking at a lecture organised by Community for the Eradication of Discrimination in Education and Employment on “Appearing in Court: Challenges in Representing the Marginalised”.

Statistics, Justice Muralidhar argued, proves how unfair justice in India can be. Twenty-one percent of the undertrial population of 3.72 lakh in India and 21% of the convict population of 1.13 lakh belong to the Scheduled Castes. Also, 37.1% of convicts and 34.3% of the undertrials belong to OBCs, he stated. For Muslims, those numbers are 17.4% and 19.5%, respectively.

Those who have no option but to opt for legal aid services, the chief justice continued, do not get the representation they deserve. “The lack of confidence in the legal aid lawyer is a reflection of the general approach to welfare services by the providers and the perception that this is an act of dignity rather than the right of the person who receives such service. I call it the ration shop syndrome. The poor believe that if you get any service for free or it is substantially subsidised, then you cannot demand quality,” he said.

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TheWire.in, 15 April, 2022, https://thewire.in/law/orissa-hc-chief-justice-says-indias-laws-discriminate-against-the-poor


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