Statement by India at the Forum on Human Rights, Democracy and the Rule of Law, Panel discussion on ‘Equal access to justice: a foundation for human rights, democracy, the rule of law and sustainable development’ (16 November 2021) delivered by Ms. Seema Pujani, Second Secretary, Permanent Mission of India [Geneva, 16 November 2021] 

Thank you, Madam Chair.

We welcome the remarks of the President of the Human Rights Council, the High Commissioner for Human Rights and of the Chairperson of the Forum on this subject of fundamental significance for the enjoyment of all human rights.

The Universal Declaration of Rightsand the International Covenant on Civil and Political Rights give due recognition to the right to ‘access to justice’. The makers of the Constitution of India were also acutely aware of the importance of this enabling right thatprovides for a remedy in caseof infringement of other rights. Dr.B.R. Ambedkar, the Chairman of the Drafting Committee of the Constituent Assembly of India had referred to the Fundamental Right to Constitutional Remedies as the heart and soul of India’s Constitution. In case of a violation of any of the Fundamental Rights such as equality, freedom of speech and expression, freedom of religion etc. that are guaranteed under the Constitution, this right allows the aggrievedto approach the Supreme Court of Indiaor the concerned High Court directly.

The National Legal Services Authority provides free legal services to the weaker sections of the society and works for amicable settlement of disputes.The COVID-19 pandemic has made the role of legal aid institutions more pronounced in mitigating the sufferings of people. A Legal Services Mobile Application has been launched recently with features such as seeking legal assistance, legal advice and application tracking facilities for legal aid delivery and legal empowerment in India.

‘Public Interest Litigation’ over last three decades by social action groups, advocates, voluntary organizations and public-spirited citizens has also helped to ameliorate the miseries of the common man or woman arising from governmental omissions, excesses, arbitrariness or non-enforcement of welfare legislations.

We believe that the right to access to justice is crucial for sustainable development and to ensure we ‘leave no one behind’. For societies governed by the rule of law, it is imperative to bridge the gap of accessibility to justice.

I thank you.

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