Appearing in Court in India: Challenges in Representing the Marginalised
Article Sidebar
Main Article Content
Abstract
This article reflects on the challenges faced in the process of improving access to justice and representation of the marginalized communities in the legal system. The author has drawn reflections from his own career as a human rights lawyer. Explaining this, the author first highlights the barriers faced by marginalized communities in the legal system, and then narrates the challenges faced by those who seek to represent the marginalised or espouse their causes. The emphasis of the article is on understanding what it means to be a marginalised person facing the barriers of the system. Lastly, the article suggests institutional measures to approach the challenges thrown up in the process of representing the marginalised.
Acknowledgements
The author acknowledges Mohd. Arsalan Ahmed, Aligarh Muslim University for his assistance in editing the article in the format required by the CASTE: A Global Journal on Social Exclusion.
The Editors of the Journal are grateful to CEDE team (Community for the Eradication of Discrimination in Education and Employment), for facilitating the process of publishing this article in the Journal. CEDE is a network of lawyers, law firms, judges, and other organisations and individuals, who are committed towards reforming the Indian legal profession. It was founded in April 2021 by Disha Wadekar (Lawyer, Supreme Court of India), Anurag Bhaskar (Assistant Professor, O.P. Jindal Global University, India), and Avinash Mathews (Lawyer, Supreme Court of India). Since its inception, CEDE is organising annual Dr Ambedkar Memorial Lectures. The first inaugural lecture in 2021 was delivered by Dr. Justice DY Chandrachud (Judge, Supreme Court of India) on the topic “Why Representation Matters”. On 14 April 2022, Dr. S. Muralidhar (Chief Justice, High Court of Orissa) delivered the second annual lecture on the topic “Appearing in Court: Challenges in Representing the Marginalised”. This article is an edited version of the lecture delivered by Dr. Justice Muralidhar.
Downloads
Article Details
A. CORRESPONDING AUTHOR’S GRANT OF RIGHTS
The Corresponding Author grants to the Journal, during the full term of copyright and any extensions or renewals of that term, the following:
- An irrevocable non-exclusive right to reproduce, republish, transmit, sell, distribute, and otherwise use the Work in electronic and print editions of the Journal and in derivative works throughout the world, in all languages, and in all media now known or later developed.
- An irrevocable non-exclusive right to create and store electronic archival copies of the Work, including the right to deposit the Work in open access digital repositories.
- An irrevocable non-exclusive right to license others to reproduce, republish, transmit, and distribute the Work under the condition that the Authors are attributed. (Currently this is carried out by publishing the content under a Creative Commons Attribution 4.0 license.)
Copyright in the Work remains with the Authors.
B. CORRESPONDING AUTHOR’S DUTIES
- When distributing or re-publishing the Work, the Corresponding Author agrees to credit the Journal as the place of first publication.
- The Corresponding Author agrees to inform the Journal of any changes in contact information.
C. CORRESPONDING AUTHOR’S WARRANTY
The Corresponding Author represents and warrants that the Work is the Authors’ original work and that it does not violate or infringe the law or the rights of any third party and, specifically, that the Work contains no matter that is defamatory or that infringes any literary or proprietary rights, intellectual property rights, or any rights of privacy. The Corresponding Author also warrants that he or she has the full power to make this agreement, and if the Work was prepared jointly, the Corresponding Author agrees to inform the Authors of the terms of this Agreement and to obtain their written permission to sign on their behalf. The Corresponding Author agrees to hold the Journal harmless from any breach of the aforestated representations.
D. JOURNAL’S DUTIES
In consideration of the Author’s grant of rights, the Journal agrees to publish the Work, attributing the Work to the Authors.
E. ENTIRE AGREEMENT
This agreement reflects the entire understanding of the parties. This agreement may be amended only in writing by an addendum signed by the parties. Amendments are incorporated by reference to this agreement.