NOW A DAYS WITH THE INCREASING COST OF LITIGATION IT IS VERY DIFFICULT EVEN FOR MIDDLE CLASS TO GET JUSTICE THROUGH THE COURTS OF LAW. OUR CONSTITUTION GIVES EQUAL RIGHTS AND PROTECTION TO ALL PERSONS IN INDIA. BUT WITHOUT THE GOVERNMENT ESTABLISHING AND APPOINTING EXPERIENCED ADVOCATES TO HELP PEOPLE CONDUCT CASES IN COURT ,IT WILL BE DIFFICULT OR RATHER IMPOSSIBLE FOR PEOPLE TO GET THEIR RIGHTS VINDICATED THROUGH THE MEDIUM OF COURTS.NOW A DAYS THE TREND WE SEE IS THAT EVEN THE SUPERIOR COURTS IS INTERESTED IN SEEING THAT PEOPLE DO NOT COME TO COURTS WITH THEIR CASES.
THIS ATTITUDE SHOULD CHANGE AND ALL SHOULD BE ENCOURAGED TO APPROACH COURTS ONLY THIS WILL HELP REDUCE PRIVATE VENGEANCE ,CRIME AND THE GROWTH OF GANGS.
FOR THE RIGHT OF EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAW TO BECOME REAL GOVERNMENT SHOULD APPOINT PUBLIC ADVOCATES PAYING THEM SALARIES IN POLICE STATIONS AND ALL COURTS. GOVERNMENT HOSPITALS ARE ESTABLISHED FOR THE WELFARE OF THE PEOPLE IN THE SAME WAY EXPERIENCED AND COMPETENT ADVOCATES SHOULD BE APPOINTED BY GOVERNMENT TO SEE THAT THE RIGHTS OF THE NEEDY ARE PROTECTED AND VINDICATED.ALL ADVOCATES WHO HAS PRACTISED AT LEAST FOR TEN YEARS AND IS STILL CONTINUING PRACTISE SHOULD BE GIVEN SALARIES AND ENTRUSTED WITH GOVERNMENT AND PUBLIC CASES.A ADVOCATE SHOULD BE EMPLOYED IN ALL COURTS BOTH THE CIVIL AND CRIMINAL, FOR CONDUCTING PEOPLES CASES. ALL POSTS WHICH INVOLVE DETERMINATION OF LEGAL RIGHTS SHOULD BE MANED BY ADVOCATES. PEOPLE WITH NO LEGAL BACKGROUND OR EDUCATION ,MANNING POSITIONS INVOLVING DETERMINATION OF PEOPLES RIGHTS AND LIABILITIES WILL ONLY MAKE THEIR WORK INEFFICIENT .BRINGING IN LITIGATION FOR RECTIFICATION AND REDRESS AL. PEOPLE WHO HAS CASES IN SUPREME COURT OR HIGH COURTS OR OTHER COURTS IN THE CAPITAL HAS TO BE GIVEN CONCESSIONAL TRAVEL FACILITIES AND ALSO LODGING AND FOOD FACILITIES .
THE CONSUMER FORUMS IS A REAL STEP TOWARDS MAKING THE SERVICE AND TRADING COMMUNITY PEOPLE FRIENDLY AND FAIR.BUT UNFORTUNATELY EVEN THE STATE COMMISSION HAS LIMITS FOR PECUNIARY JURISDICTION. THE STATE COMMISSION SHOULD BE GIVEN UNLIMITED PECUNIARY JURISDICTION SO THAT THE PEOPLE NEED NOT GO ALL THE WAY TO NEW DELHI ENDURING HUGE EXPENSES AND VIRTUALLY MAKING IT IMPOSSIBLE FOR EVEN MIDDLE CLASS TO GET JUSTICE WHEN THE PECUNIARY VALUE EXCEEDS ONE CR ORE. THIS IS NECESSARY KEEPING WITH THE INFLATIONARY TRENDS WHICH HAS INCREASED EVEN FLATS RATES BEYOND ONE CR ORE. ONLY IF THE STATE CONSUMER REDRESS AL COMMISSIONS PECUNIARY JURISDICTION IS MADE UNLIMITED IT WILL MAKE THE PROTECTION REALITY.
ONLY THESE URGENT STEPS WILL MAKE THE TALL CLAIMS OF EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAW A REALITY FOR THE PEOPLE OF INDIA.Everybody who are drafting law are ignoring the fundamental principle enshrined in Article 39A of the Constitution of India. Even though this is a fundamental basis to remember and incorporate when framing laws ,this concept. that " Accessibility to courts should not depend upon the financial capacity of a person" ,is conveniently forgotten and sidelined. See for instance the latest recommendation of the committed in respect of CONSUMER PROTECTION ACT. the COURT FEES ARE STEEPLY SOUGHT TO BE INCREASED FROM the present Rs 5000/- it will go upto one lakh. This will further curtail accessibility to the National Consumer Disputes redressal commission, New Delhi.
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