Justice Sanjay Kishan Kaul delivered the inaugural lecture at the ‘First Annual Lecture Series’ organized by Gauhati High Court Itanagar Permanent Bench Bar Association (GHCIPBBA) in association with Tewari & Associates at WAII International, Itanagar. Union Law Minister Kiren Rijiju presided over the event.
At the outset, Justice Kaul highlighted the importance of the concept of access to justice, which he said was the first principle of the legal and constitutional framework. Therefore, he said it is the role of lawyers to make individuals visible to legal entities by confirming their communication goals. He said—
“I am saying that all procedures to bring a person before the law, to give a permanent position to that person, should be handled by a lawyer.“
Elaborating on this, he said that Article 14 of the Indian constitution broadly embraces the concept of ‘access to justice’ as a measure of equality before the law. . He said that this guarantee of equality is negated if, in accessing justice, one encounters obstacles of any kind. He also said that the Supreme Court had widened the scope of the trial by including those under Article 21. Further, he said that Article 22(1) and 22(2) were ensure access to justice for those who dispute the law. . Highlighting the importance of lawyers in justice, he said –
“A lawyer is an extension of the court. A lawyer who informs people about their rights, guides them about available legal resources, and presents their grievances in a court of law with a fair view of the law and the judicial president. In this process, the lawyer bridges the gap between the people and justice, which they seek to achieve. The legal profession is not about personal or private practice, but a form of public service that serves the needs of the people. Lawyers need to contribute by being involved in the wider community.”
Justice Kaul also spoke about the importance of Article 39A of the Constitution of India which envisages free legal aid for the poor and destitute. He said—
“Hearing some legal aid cases every day, I find it important to say that pro-bono cases today really need to be pursued with interest. Many of these issues have raised important questions about the law that will inevitably be problematic and scholarly.“
He also urged lawyers to advise consumers to adopt ADR procedures such as mediation, negotiation, arbitration, and arbitration as they are time-consuming and expensive. trial. He said that the new nature of ADR process allows the parties to take full control and ensure that each other is responsible for the outcome. Although he said that mediation is cheaper, faster and more efficient than traditional litigation, he said that in today’s fragmented world, the main advantage of these methods is allowing the parties to maintain their commercial and personal relationships. before the debate.
Justice Kaul also said that in India there are various forms of mediation that are still in place in states like Arunachal Pradesh where there are various forms of dispute resolution in addition to adversarial courts. He said—
“‘Kebang’ is one of the indigenous traditions, which take care of the daily activities of the villages. Unlike the courts, the Kebang is a non-adversarial judicial system that believes in the peaceful resolution of disputes outside the courts. Similarly, the Nyishi tradition includes the Nyelee, which is very important in the administration of justice. Nyelee joins a council of elders who are well versed in local customs, traditions and customs, and they resolve local disputes based on this.”
He added that the ongoing efforts are not only about conducting diplomacy but also about inculcating diplomatic culture and academic research for learning.