Charles Dickens ‘A Tale of Two Cities’ describes Old Bailey, “It was famous, too, for pillory, a wise old institution, that inflicted a punishment of which no one could foresee the extent; also, for whipping post, another dear old institution, very humanizing and softening to behold in action; also, for extensive transactions in blood money, another fragment of ancestral wisdom, systematically leading to the most frightening mercenary crimes that could be committed under heaven….. For people then paid to see the play at the Old Bailey, just as they paid to see the play in Bedlam – only the former entertainment was much more dearer.”
This creative description in those olden days by Dickens paints a vivid picture of how the courts of law were then held. The court and its proceedings were a spectacle, the men in robes - almost immortal, meting out punishment and intimidating the common folk who viewed the institution in awe. Indeed, the prevailing view of the courts and what they represented, though in many ways exaggerated and satirized is a reflection of how the courts have for a long time been viewed. The court up until recently has been viewed as incapable of being approached by the poor for a good cause but rather only used to punish poor voiceless ‘earthlings’. Of course the court has struggled to shed off this turgid image that lingers as a dark cloud. Access to justice has been at the center of the reform struggle for a long time and the Constitution has enabled easier access to the courts especially to secure the protection of rights (Article 22).
Access to justice is an important right for a nation and a people keen on the protection of its most vulnerable. Having it as a constitutional provision (Article 48) is one thing... people feeling that they can freely access the courts when their rights have been infringed or violated without fear of suffering further from long, winding and complicated processes is another. That ought to be the aim of the courts as they proceed on their commendable task of judicial reforms.
The state has a constitutionally mandated task of removing any impediments to access to justice. Judicial reforms is just one of these. The laxity of the Government to fund the legal aid scheme or support organisations involved in legal aid is a great concern.
The spirit that informed and greatly influenced such constitutional provisions has to be kept in mind. Make legal aid an agenda...
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