top of page
Search
Writer's picturelead india
May 31, 20233 min read

Do Every Indian Feel They Have Equal Justice Under The Law?

Equal justice under the law is a fundamental principle that strives to ensure fairness, impartiality, and equal treatment for every individual within the legal system. In India, the concept is enshrined in the Indian Constitution, guaranteeing equality before the law and the right to a fair trial. However, achieving true equality in the administration of justice remains an on-going challenge, influenced by factors such as social-economic disparities, access to legal resources, biases, and systemic inefficiencies.


Indian Legislation on Equal Justice

In India, the legislation and constitutional provisions that promote equal justice under the law include-

  • Article 14 of the Indian Constitution- It guarantees the right to equality before the law and equal protection of the laws. It ensures that all individuals are treated equally by the state and are not discriminated against on grounds of religion, race, caste, sex, or place of birth.

  • Code of Criminal Procedure (CrPC), 1973- The CrPC lays down the procedural framework for criminal proceedings in India. It emphasizes the principles of fair investigation, fair trial, and the presumption of innocence until proven guilty. It ensures the right to legal representation, protection against self-incrimination, and safeguards against arbitrary arrest and detention.

  • Legal Services Authorities Act, 1987- This act provides for the establishment of legal services authorities at various levels to provide free legal aid and assistance to the economically weaker sections of society. It aims to ensure that justice is accessible to all, regardless of financial constraints.

  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989- This act provides for special provisions to prevent atrocities against members of Scheduled Castes and Scheduled Tribes. It aims to protect their rights and ensure equal justice by providing for stringent punishment for offenses committed against them.

  • Protection of Women from Domestic Violence Act, 2005- It guarantees legal protection to women who encounter domestic violence. It recognizes the rights of women to live a life free from violence and ensures access to legal remedies, protection orders, and support services.

Does Every Indian Feel they Have Equal Justice under the Law?

The perception of whether every Indian feels they have equal justice under the law varies among individuals and is influenced by their personal experiences, social backgrounds, and interactions with the legal system. While the principle of equal justice is enshrined in the Constitution, the reality may differ due to factors such as socio-economic disparities, caste-based discrimination, access to legal resources, biases, and inefficiencies within the justice system.


While some individuals may feel confident in the fairness of the legal system, others may perceive disparities and challenges in achieving equal justice for all. It's important to recognize that this perception can vary widely among the diverse population of India.


Role of Lawyers for Providing Equal Justice under the Law

Lawyers play a crucial role in striving for equal justice under the law for Indians. There are some ways in which lawyers help in this pursuit-

  • Legal Representation- Lawyers provide legal representation to individuals, ensuring that their rights are protected and advocating for fair treatment within the legal system. They present their clients' cases, make arguments based on applicable laws, and challenge any violations of their clients' rights.

  • Access to Justice- Lawyers help bridge the gap between the legal system and individuals by providing legal advice, assistance, and representation. They make the legal process more accessible to people, particularly those who may lack resources or legal knowledge.

  • Upholding Constitutional Rights- Lawyers play a vital role in safeguarding the constitutional rights of individuals. They challenge any discriminatory practices, fight against violations of fundamental rights, and advocate for the equal treatment of all individuals before the law.

  • Due Process and Fair Trial- Lawyers ensure that due process is followed and that individuals are afforded a fair trial. They scrutinize evidence, cross-examine witnesses, and challenge any irregularities or biases that may arise during the legal proceedings.

  • Legal Aid and Pro Bono Services- Lawyers contribute to equal justice by providing legal aid and pro bono services to individuals who cannot afford legal representation. This helps ensure that even those with limited financial means have access to quality legal assistance.

You will need the help of lawyers to assist you in getting justice in your case. If you need the help of lawyers to help you get justice in your criminal case in Kolkata, then Criminal Lawyers In Kolkata can be hired. Similarly, Criminal Lawyers In Hyderabad can be employed if you need the help of lawyers to help you get justice in your criminal case in Hyderabad.


At Lead India, one can consult and talk to lawyers for any kind of legal consultation. They can get free legal advice online as well as Ask A Legal Question online for free to lawyers from Lead India.


Call Us: +91–8800788535

Email: care@leadindia.law


3 views0 comments

Comments

bottom of page