Open Access Research Article
BEYOND THE COURTROOM: A DEEPER LOOK AT BARRIERS TO JUSTICE
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BEYOND THE
COURTROOM: A DEEPER LOOK AT BARRIERS TO JUSTICE
AUTHORED BY - AYSHA KHATOON
B.B.A. LL. B 2nd Year 2023 – 24
Integral University, Lucknow
CO AUTHOR - MOHD SOMAAN
B.B.A. LL. B 3rd Year 2022 – 23
Integral University, Lucknow
ABSTRACT
Access to justice isn't something we
celebrate - it's a lifeline to fairness and equality in our society.
Unfortunately, however, there remain countless barriers in the form of even
just race and racial background, and especially for marginalized communities.
Think of a rural resident with many miles to travel to the next courthouse or a
single mother who can’t afford to pay for a lawyer. These aren’t isolated stories;
there’s a larger pattern. Millions deserve justice – but there are
socio-economic hurdles, geographical isolation and cultural stigmas that make
it impossible.
The challenges are staggering:
Because there are few legal professionals in rural areas, high costs that make
the economically disadvantaged unable to access their legal rights, and
cultural norms that prevent victims of violence or discrimination from speaking
out, rural communities are often denied the benefits of legal inclusion
programs. These barriers shouldn’t be the end for us. Hope lies in what the
community based legal aid programs, legal literacy campaigns and the
"Justice Weave" project. We can, if we embrace systemic reforms and
cultural sensitivity and technological advancement, make justice a reality for
the many not the few. Let us unite together to cross this divide and build the
fairer society together.
KEYWORDS: Injustice,
Defendant, Alaska, Justice Weave, Culture.
INTRODUCTION
Injustice is paid for with the human
cost in profound and often tragic ways around the world. Suffering and loss of
life due to injustice springs from a systemic discrimination, social disparity
and cultural biases[1].
Without equal access to justice, a fair and democratic society is impossible, a
cornerstone of that is a society of the rule of law and one in which all can
protect their rights and seek redress for grievances[2].
Frequently, it is suffering, death
and economic consequences that make up the human cost of injustice on a global
scale. Extreme inequality is associated with mortality of 21,300 people a day
and is the direct root cause of inequality and mortality rates[3].
A significant number of people are denied such essential resources as health
care and nutritious food, including preventable deaths, primarily among
marginalized groups who are notably exposed to such crises as the COVID-19
pandemic. The problems only get worse when these issues exacerbate systemic
injustices such as racial discrimination and gender-based violence[4].
For example, if people of color are victims of police violence they have higher
mortality rates in their communities. Women have unique challenges that are
threatening to not only their safety but also their ability to access justice
and healthcare. Equally bad are the economic implications; racism and
inequality across a system causes heavy losses to society. A growing wealth gap
between racial groups will cost economies trillions as society struggles to
close gaps in investment required for growth and consumption to taken place.
Such is also the case for the societal cost, which is further augmented by a
rise in social health problems, and a decelerate in social cohesion, in more
unequal societies[5]. It’s
important to address these injustices not just for individual wellbeing, but
also in pursuit of the full health of a fairer, healthier society.
Access to justice is a building block
of a fair and just society, but many barriers access to justice is,
particularly barriers that are disproportionately felt by marginalized communities.
There is a challenge of socio-economic nature which constitute a problem,
because individuals do not have money to pursue their legal claims.
Economically disadvantaged people are unable to seek justice because high court
fees are combined with the costs of legal representation[6].
Legal aid does exist for the poorest citizens, but many who earn merely below
the privileged lines end up without enough help, in a way marginalized from
accessing justice. These issues are indeed not helped by the lacking infrastructure
and transportation options, which, aside from peddling the cause of delay in
justice delivery, discourages legal action[7].
Secondly, many citizens do not know their legal rights, thus are unable to make
sense of the interconnectedness of things in the justice system.
SOCIO-ECONOMIC BARRIERS
It's hard enough for people living in
poverty to get by in this world without an added set of challenges in the legal
system. Legal Services Corp. data shows that people making less than $15,000 a
year are 80 percent less likely to have any legal help than those who make more
than $75,000[8]. It’s
also an issue of significance because legal representation and court fees
simply can’t be afforded for most people, but it also means there’s not the
evidence that might lead to a DC—so it’s pretty much everywhere[9].
In the end, many low incomes people simply cannot afford competent legal
representation which can result in unpromising results in their cases. But it
also means they could find it difficult to pay up court fees and can actively
prevent them from filing claims. This inability impacts their immediate legal
needs, but it’s a cycle of disadvantage, unresolved legal issues often mean
further economic instability, social exclusion[10].
Add to this systemic discrimination
which further compounds these challenges, making barriers for individuals
beginning at every level of the justice system. Research shows that Black
defendants are more likely to be denied bail, and to get harsher sentences, for
similar crimes committed than white defendants[11].
That, however, reveals that the criminal justice system is so contaminated by
racial bias that people of various races are treated differently. Groups that
are already marginalized during arrest are more likely to be scrutinized – and
then incarcerated and punished more harshly. These discriminatory practices,
taken together, attack individual rights and which collectively erode public
trust in the justice system[12].
Education helps empower people to
distinguish rights and help navigate the legal system perfectly. Lack of legal
literacy can prevent people from knowing they need legal assistance, or knowing
how to be their own advocate inside the system[13].
But legal literacy programs are important to fill the gap as they give underserved
communities the knowledge to deal with their legal difficulties. They can help
people get information about their rights, what the process is, what resources
are out there, so that they have an ability to seek justice. By increasing the
awareness and awareness of legal rights among marginalized populations and at
the same time help access to justice[14].
GEOGRAPHICAL REALITIES
Increasingly the challenge to
geographical realities is that there is such a disparity between rural and
other areas where access to justice is increasingly seen as a fundamental
right. However, rural communities represent a population that might have to
travel further to the courthouse, will have reduced access to public
transportation, and almost certainly lack legal resources[15].
The Rural Legal Aid organization says these geographic factors create a
pronounced justice divide, where rural residents face barriers that urbanites
don't. This includes someone living in a rural area, the nearest courthouse may
be hours' travel time away, resulting in the need to be off work, and
additional expenses for travel or accommodation. In many cases, the fact that
this takes place can discourage people from pursuing legal action at all as
they may judge the logistical challenges to be insurmountable[16].
The graph shows a huge difference in
the presence of the legal professionals between urban and rural areas where
urban areas have had 8 lawyers for 1,000 residents and only 1 for 1,000
residents in rural areas. Of course, this disparity speaks to the barriers that
rural residents face in getting access to justice, as they 'live in legal
deserts' where lawyers are scarce, or nonexistent. Rural residents are forced
to spend more time, pay more, and are less able to seek due process services[17].
This continued inequality of legal resources in perpetuates systemic inequities
and spurred targeted intervention like incentivizing lawyers to practice in
rural areas or developing, community based, legal support programs[18].
For instance, rural
courts lack, for example, specialized resources and personnel to back up highly
sophisticated cases like domestic violence or family law. All these challenges
are exacerbated by the digital divide. Lack of internet access in rural places
limits people's capacity to utilize online lawful assets, e filing framework,
and remote restorative administrations. Similarly, many low-income communities
have similar internet access struggles, leaving them unable to reap the
benefits of initial technological advancements that are supposed to refine
legal processes. An inability to access online resources can leave individuals
without knowing the vital information they need about their rights, and the
procedures for them to follow when in court. It keeps this gap in the access to
the very ability to prepare for legal proceedings, but it also perpetuates
existing inequalities within the justice system[19].
Closing these gaps, however, is necessary to improve access to justice for
rural populations. Some of these challenges can be addressed by community
centered initiatives that give local residents the power to do some pro bono
work in providing limited amount of legal assistance. Alaska runs a program
called Community Justice Worker Program which trains people in rural Alaska to
give basic legal help without the requirement of an undergrad law degree[20].
Such initiatives use local knowledge and relationships to improve access and to
keep legal resources more accessible.
DECONSTRUCTING CULTURAL BARRIERS
Justice and the people’s interaction
within the legal system depend on cultural norms. Cultural values tell many how
they are to view authority, conflict resolution and community involvement. For
some cultures, there may be a bias to informal dispute resolution over formal
legal proceedings, and as such people may not even make it to the courtroom.
This can be a function of believing that the legal system does not provide an
appropriate venue to their values, or because they do not believe the legal
system will provide a fair outcome[21].
They can affect how people present
themselves in case, or in the interpretation of legal procedures. For example,
while some cultures emphasize the direct communication and may find it
challenging in adversarial setting where straight confrontation is required.
Misunderstandings, misinterpretations, and ultimately, it can affect outcome of
the case.
As well, religious beliefs form
important aspects of how the individual interacts with the legal process.
Faiths differ as to what justice, morality and law should be, and faiths can
impact legal decisions. For instance, a given religious community might put
emphasis in reconciliation or forgiveness transcending the punitive measures as
a norm that clashes with enforcement law or constitutional basis in punitive measures
and punishment[22]. The
legal system must consider these heterogeneous ideas, however, and demand faith
in secular law. Allowing alternative dispute resolution methods that are
consistent with religious teachings can increase the trust people of religious
communities’ places in the system, by accommodating religious beliefs in legal
context such as allowing religious beliefs accommodated in legal contexts. But
this accommodation must be carefully cut off so that the accommodation does not
deprive another of their rights and does not contravene to the basic legal
principles[23].
Issues such as domestic violence,
sexual assault, mental health and many more are brought with social stigma and
that prevents people from reaching justice. Many victims are afraid that if
they come forward with their experiences that they will be judged or retaliated
against by their communities[24].
In cultures which are very afraid to discuss such issues, or where such victims
are blamed for their plight, this fear is particularly great. This lack does
something to exacerbate this situation: Victims feel like they have nowhere to
go to get help when they need it without risking exposure or shame. It is
imperative to conduct campaigns that are educative on these issues and in
support services float the message of confidentiality[25].
Since victim advocacy programs offer safe spaces for those who need to have
safe spaces to share their experience and seek help without fear of judgment,
they are extremely important because they make it easy for people to talk about
certain things they can’t talk about otherwise. Support services can provide
victims with the resources and support in the legal system; while also ensuring
privacy[26].
JUSTICE
WEAVE
The idea of Justice Weave sums up the
idea of what justice really is, that is the harmonious and intricate
relationship of justice to society as a whole. Like everything weaved, the
search for justice trades off one thread from another to make sense of it all.
This is a metaphor used to say that justice is not a single idea or one thing,
but rather it is many sided because justice changes every day.
In the “Justice Weave,” we are invited to delve into how ideas of cultural
norms, religious beliefs, social stigma, and systemic inequity, weave into the
larger fabric of justice and the necessity of truly seeing these
interdependencies.
There is a great deal that influences
human perceptions of justice; cultural norms are generally how this happens.
These are norms in many societies in how people should look at authority, how
people should conflict the community and the people. For example, in some
countries it may be preferable for traditional dispute resolving methods,
rather than formal legal proceedings. This preference leads paradoxically to a
reluctance to engage with the legal system because individuals, for instance,
suspect that the system does not reflect their values, or that seeking to
engage with it will not necessarily result in fair treatment. Furthermore,
communication styles influenced by cultural backgrounds may as well, shape how
people represent their case, or rethink legal processes.
Second, religious beliefs also play a
large but indirect role in people’s interactions with the legal system. Faiths
differ, and perspectives about justice, morality, and law that affect legal
decisions. For instance, some religious consortia could favor the conciliation
and forgiveness in place of condemning steps, while secularity legal principles
centering on the dissatisfaction and deterring limit. The varied perspectives
inherent in the members of this society should be accepted by the legal system
and secular law. Little has been done in terms of accommodating religious
beliefs in legal contexts, but still, this may involve permitting alternative
dispute resolution methods that meet the teachings of religion with greater
trust in the system on the part of religious communities. This however, has to
be done carefully, otherwise it infringes on others’
rights or declare fundamental legal principles.
CONCLUSION
A critical issue with access to
justice remains much affected by socio-economic, geographical and cultural
barriers. The fact is, these obstacles disproportionately impede marginalized
communities: rural residents who are struggling to navigate an insufficient
supply of legal professionals, many of whom are deterred by prohibitive costs
and rampant systemic discrimination. These are such challenges and demand that
we tackle them with inclusive and equitable justice interventions.
Unquestionably, socio-economic,
geographical and cultural barriers continue to prevent people from accessing
justice. Especially marginalized communities face these obstacles, be they
people in the countryside who struggle to find legal professionals; people put
off by high costs; or people deterred by systemic discrimination. This presents
such challenges; they demand targeted interventions that aim at generating
inclusivity and equity in the justice system.
Justice, by the way, is important not
for an individual but for the health of the society as a whole. All of us must
commit to dismantling the barriers to channeling justice into places where
those seeking redress and protection under the law need it most. We can only
have a real fair and democratic society, where justice is both accessible and
equitable for all.
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Article Information
BEYOND THE COURTROOM: A DEEPER LOOK AT BARRIERS TO JUSTICE
Authors: AYSHA KHATOON, MOHD SOMAAN
- Journal IJLRA
- ISSN 2582-6433
- Published 2025/03/29
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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