“It is not possible to be in favour of justice for some people and not be in favour of justice for all people.” – Martin Luther King, Jr.
At the heart of this story lies a pressing issue – access to justice, interwoven with the complexities of identity, specifically the challenges faced by the Muslim community. Over time, these challenges have only intensified, becoming a problem that spans generations for marginalised groups.
There’s little that has changed, well, except for the State’s stance. It has shifted from a failure to protect or provide justice to outright denial of protection and justice – a departure from failure to denial.
All my time at law school has been marked by a fundamental question: ‘Why law?’ The answer to this question holds a profound answer, deeply rooted in my family’s history. It began with losing our ancestral home through a legal decision that never heard both sides – an ex parte decree. This injustice, compounded by a lack of understanding of legal processes and the inability to afford legal services, left my grandfather and subsequent generations of our family without land and a place to call home.
As I continued to grow, this feeling of displacement and vulnerability deepened. The pursuit of access to justice, hampered by complex legal procedures, a lack of knowledge about legal rights, and the financial burden of legal services, has remained an unattainable dream that continues to elude us today.
When I trace my family’s history to the present state of justice in Uttar Pradesh, a stark transformation emerges. What was once seen as a symbol of progress – the bulldozer – has now become a symbol of injustice for minority communities. In Uttar Pradesh, government authorities demolished the homes of Muslims who had dared to dissent against offensive remarks made by a BJP spokesperson about Prophet Muhammad in July of last year.
The critical issue of Housing Justice, a fundamental human right recognised in international treaties and the Indian Constitution, has, unfortunately, never been a central political concern. The current administration’s use of bulldozers, fuelled by fear and hostility towards Muslims, is a stark consequence of decades of neglect in discussing housing justice within the socio-political sphere.
Access to Justice is a crucial aspect of the Sustainable Development Goals (SDGs) for 2030. It’s more than just having access to courts; it’s about people’s ability to seek solutions for their problems while also upholding their human rights.
It becomes deficient when citizens, particularly those from marginalised groups, live in fear of the justice system, find it alien, or can’t afford its services. In the heartland of India’s most populous state, Uttar Pradesh, this harrowing tale of injustice unfolds.
The grim picture of justice in Uttar Pradesh
India allocates just INR 0.78 per capita for legal aid, the world’s lowest. The India Justice Report 2022 ranks Uttar Pradesh as the worst state for justice delivery among 18 large and mid-sized states. It scores only 3.5 out of 10 on various parameters. High Courts in Uttar Pradesh have an average case pendency of 11.34 years, raising questions about judicial efficiency. Legal aid clinics, vital for equal access to justice, are in short supply, with one clinic serving 520 villages in Uttar Pradesh, reports Access (In)Equality Index 2021.
The deficiencies revealed in these reports starkly illustrate the socio-economic disparities faced by minorities, compounded by the additional layer of identity-based challenges they face.
To understand this better, I spoke to Advocate Najmus Saquib Khan, a practising lawyer in Lucknow and the Secretary of the UP East Chapter of the Association for Protection of Civil Rights, an organisation dedicated to offering free legal services to marginalised communities. He explains, “False accusations and wrongful framing of innocent individuals run rampant in Uttar Pradesh. The core of the problem lies within the police force, which has shirked its lawful responsibility of conducting thorough investigations.”
Khan’s right. During work, I once came across a 40-year-old widow whose son had been falsely accused and entangled in a series of charges by the police. Despite six long months of searching, she had minimal information about her son’s whereabouts, and her attempts for help from police to politicians had yielded no respite. She had limited information about her son’s arrest – no FIR, arrest memo, or case and court details.
Marginalised families are often left in the dark by the police, making it difficult to seek legal recourse. I had to meticulously review 100s of FIRs utilising online resources like the CTNS portal and e-courts services to uncover case details. It was only then that I was able to help the woman and take the case to the courtroom, where her son’s fate hung in the balance. It was a glimmer of hope amidst overwhelming despair, and it offered a glimpse into the daily challenges marginalised communities face in their relentless pursuit of justice.
This story starkly illustrates the state of our criminal justice system—a system where access to information and justice itself can be tortuous and uncertain.
Khan explained, “Courts and correctional facilities are overwhelmed, and the legal aid and defence infrastructure are inadequately supported. While I appreciate the government’s recent efforts to launch the Legal Aid Defence Counsel System (LADCS) under UPSLSA to provide legal assistance in criminal cases, it remains a fact that such schemes often remain detached from the realities on the ground, raising concerns about transparency and accountability. We maintain contact with around 35 jail authorities in UP, assisting undertrial and acquitted prisoners as needed. Since this fiscal year, we’ve released nearly 35 prisoners from various UP jails, and till date, we’ve been able to free over 300 prisoners in UP. But that’s not enough. We must demand increased budget allocation for the state’s legal aid system.”
An Indian Express investigation, uncovered a troubling pattern in 40 out of 41 cases related to the 2013 Muzaffarnagar communal violence. In all these cases involving attacks on Muslims, all the accused were acquitted in trial courts. The primary reason for these acquittals was the lack of evidence, stemming from witnesses turning hostile, upon whose testimonies the charge sheets were built, and significant procedural lapses by the police. The passing of time has only expanded the web of injustice and impunity in Uttar Pradesh.
Muhammad Tahir, a journalist based in Delhi, known for his reporting at the intersection of politics and human rights, offered insights into the challenges faced by victims of the crackdown on CAA NRC protests in Uttar Pradesh and the subsequent injustices they endure in the struggles of court battles.
“The victims from marginalised communities, often economically disadvantaged, receive minimal support and face immense pressure to abandon their pursuit of justice. Local politicians, authorities, and community figures often shatter their hopes. Muslims in Uttar Pradesh face even worse circumstances, with community organisations struggling to provide the necessary assistance. This is a painful reality we must not forget,” he said.
Nadhir’s ordeal – A student activist’s battle for justice
A recent report by the Association for the Protection of Civil Rights (APCR) reveals a shocking reality. Over 350 FIRs were filed against at least 1,05,000 people, almost all of them filed within just two days during the anti-Citizenship Amendment Act (CAA) protests in Uttar Pradesh. This report sheds light on the government’s attempts to suppress dissent, the tragic loss of lives, and the unjust treatment of the Muslim minority.
Around the same time in 2019, at the peak of the Anti-CAA NRC movement at Aligarh Muslim University, Nadhir*, a passionate student activist, became a prominent voice for justice. Little did he know that his vocal dissent would lead to a harrowing journey through the legal system, where access to justice proved to be just the beginning of his ordeal.
I spoke to Nadhir recently, and he recounted, “The police falsely implicated me in a case related to a student protest, even though I wasn’t physically present. [When it comes to pursuing justice], it’s not merely about access; it’s about the credibility and quality of legal defence, trust, reliability, and efficiency that is in question.”
He grapples with complex legal procedures and significant delays, which take a toll on him daily. When asked about his experience with government legal aid schemes for his case, he expressed scepticism, saying, “You can’t rely on the same government that has targeted you for your dissent. The entire process is punitive and draining. This baseless case has disadvantaged me, hampering my chances of pursuing government service. People like me, from marginalised communities, lack the social and financial capital needed. Raising funds for bail, securing a competent lawyer, finding local sureties to furnish in court, and the constant travel between Delhi and Aligarh have become formidable obstacles, turning daily life into an unrelenting struggle.”
Paving justice pathways for the marginalised
The key question is whether the Indian State has taken any specific steps to provide legal aid to minorities facing challenges due to regressive laws, policies and state-sponsored actions. Laws like UAPA, anti-religious conversion, and others are often misused against minorities, perpetuating fear and marginalisation.
Section 304 of the Criminal Procedure Code already mandates free legal aid for marginalised individuals in society. In the landmark case of Hussainara Khatoon vs. State of Bihar, the Supreme Court further emphasised this duty of the state.
Considering the evolving landscape and the specific issues faced by minorities, it’s worth exploring whether the scope of eligibility for free legal aid under the Legal Services Authority Act, 1987 should be expanded to include minorities as a distinct category. This change would ensure that minorities, regardless of their socio-economic status, have access to free legal aid, particularly in cases of rights violations, identity-based crimes, and state atrocities.
It’s imperative to elevate levels of legal literacy through specific educational and solution-oriented legal awareness materials. Establishing special legal aid funds dedicated to identity-based crimes and state atrocities against minorities is another crucial step. And so is the introduction of mobile-community legal clinics in remote areas would greatly enhance accessibility to legal advice, counselling, and other vital justice services. These changes are pivotal to ensure equity and justice reach the margins of our society.
Uttar Pradesh faces a formidable challenge in reforming its justice system, but it’s a challenge that must be met.
*Name changed to protect the privacy of the individual
This story has been written as part of the My City Writers’ Training Program.