Assignment

While preparing for my law entrance exam, the first quote I read was, "Justice must not only
be done but also be seen to be done."
Many of the individuals in society come across some or the other legal issues in their life or a
a situation where they seek the help of a lawyer. The lawyers are considered a respected
individual for understanding the law and to approach the appropriate authority to get the
claimant the rightful remedy.
 
Over a period of time, the lawyers have revolutionised the laws for a better and welfare
society with the changing times. However, if a person approaches the court, it is generally the
last resort they have to come to because no one else could help them. The issue could be civil
or criminal or any violation of the rights. In such a situation, the advocates have fought
outright for the needy and done well under the profession's noble mark and held it high.
 
But over time, as the unevenness of wealth has increased in society with rapid growth in
specific industries and reach to education, the effect of wealth can be seen in the legal system.
Recently, during a conversation with an advocate on the topic of justice outreach, he
happened to quote, "after entering the business, I have realised that justice shall be paid to be
done". A practising advocate expressing such a statement shows the actual image of the legal
outreach.
 
This is unfair and discriminatory on the poor and unfortunate, where the advocates are so
expensive, making the path to justice unaffordable. Though there have been steps of legal aid
by the government, that has not been that helpful. We have seen many cases where the
paralegal members have reached the person from legal aid but got hired after taking the fees.
If that is the case, then what is the use of that legal aid? 
 
On the lines of that, CJI Ramana said, "Internationally, law firms are taking up several social
causes and actively engaging in providing justice to those in need. I urge you all to take up
more and more pro-bono cases and reach out to those who are inhibited from reaching us.
When it comes to fulfilling our constitutional aspirations, we must all do our bit".
 
Speaking on National Legal Service Day, CJI Ramana said, "the legal profession is not about
profit maximisation, but about service to the society".
When the CJI of the nation expresses his concern about the legal service and system; it can be
understood well, that there is an imbalance.
Many lawyers these days are coming up with forged wills and establishing claims based on
those documents. It shows how shallow the law profession is becoming to kneel to money to
exploit someone in this way.
 
I remember this line for the movie "Just Mercy", where an advocate in the United States
starts defending the death row convicts after his law graduation from Harvard. He had to face
a lot of backlash from society for defending them and also because of his colour. It's the true
story of this advocate and the convict who was given the death penalty without substantial
evidence. The line is "the job is to achieve justice". The job isn't a conviction; the job isn't
acquittal but to follow the law and bring justice. 
 
Right to counsel is the right to be defended against the charge or claim, but it's not to
humiliate someone. Unfortunately, in so many cases, the lawyers have blatantly embarrassed
and bashed the rape victims' previous sexual encounters in life and the type of dresses they
wear. Though the court doesn't allow it, this still has happened many times, and it shows how
deep some lawyers are ready to fall to create reasonable doubt.
 
Instead of a noble profession, it has transformed into an industry to be measuring gains and
not the penetration of rights and justice. The majority of the Indians are unaware of the basic
fundamental rights guaranteed by the Indian Constitution, which leads to no enforcement. 
 
Khatri And Others vs State of Bihar 1981 SCC (1) 627
This case had discussed, "There is so much lack of legal awareness that it has always been
recognised as one of the principal items of the programme of the legal aid movement in this
country to promote legal literacy. It would make a mockery of legal aid if it were to be left to
a poor ignorant, and illiterate accused to ask for free legal services. Legal aid would become
merely a paper promise, and it would fail of its purpose."
 
In the current times where the world is expanding fold by fold, there is a need to re-organise
the legal system to its proper form to serve society.
 
-Umang Malik, Delhi University