Courts Should Also Consider 'Invisible' Victims Who Might Be Impacted By Adjudication : Justice Surya Kant

Supreme Court Judge, Justice Surya Kant recently expressed the need for the justice system to be considerate towards the rights of those individuals who are affected by a legal decision but virtually invisible before the Courts. 

Justice Surya Kant spoke extensively on the " Invisible Victims of the Legal System : The Need for Sensitivity & Compassionate Adjudication"  at the 250th Friday Group Meeting organized by Supreme Court Advocates. 

He stressed the need for the judges and advocates to understand that a case may not just decide the fate of the petitioner and respondent parties but also of all those individuals connected directly or indirectly to the main parties. He opined : 

"When the matter comes, maybe it is also our (Judge's) duty to see if we are really making sure that the parties who are likely to be impacted as an outcome of the proceedings are taken care of? "

"You see in our socio-economic cultural and personal circumstances, the kind of diversity we have - the bar and bench need to be very very sensitive about the subject which I am putting before you....it is nothing complicated- only a social predicament, a social challenge which is part of the judicial system."

"We have a huge class of de-facto consumers of justice, but factually they do not come forward, they do not have any space inside the Courtroom ....therefore it is the duty of the bar and bench that even in a manner conventionally under the common law jurisdiction- if matter if of A and B, we must find out if there is any right of C and D also which is getting impacted in the proceedings and if so, is it not our duty to protect their rights?"  

Justice Surya Kant added that those victims of gender-based violence also become a class of invisible victims of justice. Similar was the case with undertrials, whose families, including wives, and children also suffer socially and financially. Persons with disabilities and migrant workers were also another such class.

Sharing his experience as a young Judge in the Punjab and Haryana High Court, Justice Surya Kant mentioned a peculiar civil case where 4 minor daughters in the age bracket of 11- 2 years filed a suit against their father who was in jail for murdering their mother. To deprive the daughters further of the economic source- a few parcels of land, he issued a power of attorney in the name of the grandfather, who in turn entered into a sale deed with third parties.

The maternal uncle who was taking care of the daughters then filed a civil suit challenging the sale deed made by the grandfather. It was these third parties who came before him to be impleaded in the property suit.

Taking this example, Justice Suryakant explained how such instances made him realise the need to think about individuals who were effected apart from the official parties in the case. He expressed : 

"That matter, every night would force me to get up and think of - if I had not asked all these questions and had I allowed this application for impleadment, mind you - Court registered an FIR also in that matter- because ultimately I found some element of criminality also in that matter and being afraid of the case, those very persons who purchased the land, they donated some amount for the girls." 

"That was the first case which compelled me to think - is the judicial system equally sensitive about parties who are not before you?" 

"Normally we only see parties which are before us and we seldom see that there can be a party who can be virtually adversely affected as an outcome of the judicial process which we intend to adjudicate,"  he added further. 

Stressing the often-ignorant approach that the legal system has towards the above class of persons, Justice Surya Kant concluded by saying:

" If there are underprivileged sections of the society who are being deprived of (justice), I think it is extremely important that even their rights are also taken care of, and our adjudication must not be a one-sided affair it must address all those who are entitled in the system to have their legitimate rights to be enforced." 

Legal Discussions Are Part Of 'Continued Education', Foster Open-Mindedness: Justice PS Narasimha

Justice PS Narasimha, who was the Guest of Honor for the event, also spoke briefly on the importance of open-mindedness for lawyers to truly embrace the art of learning through public discussions and debates. Lauding the 'Friday Movement' for its dedication towards legal discussions amongst the legal fraternity, Justice Narasimha expressed that such discussions are to be seen as part of 'continued education'. 

He further added, " We have not institutionalized this concept of continued education, but informally, having started this Friday Movement and having these discussions- to have an open mind, to sit and share these ideas and thoughts." 

He exemplified this by sharing a Chinese story of a Guru and Disciple, where the disciple told the Guru that he had learnt everything. When Guru handed him a cup and saucer and started pouring tea into it- it started overflowing, and the disciples asked him to stop. The Guru explained that the mind is like the cup- it can only take as much as you tell it to. Thus for the disciple to learn more, he needs to go past the self-made constructs and be open-minded in his approach. 

Justice Narasimha also facilitated 13 speakers including several senior advocates who had contributed to the Friday Group Lectures. 

Additional Solicitor General Aishwarya Bhati and Senior Advocate Hufeza Ahmadi were also present at the event. 

The Friday Group: A Deliberation Hub For Lawyers

The Friday Group is an academic group of Supreme Court Advocates founded by Supreme Court Advocate G. Seshagiri Rao. Viewed as a continuing legal education initiative, the group began with 15 lawyers in 2015 and has now grown to over 1000 lawyers. 

The Group as a tradition gather every Friday and holds topic-based lectures on issues of law and the legal profession which is also available in video format for online learning purposes. 

The event can be viewed here. 

Facilitation of Panelists by Friday Group Organizers 

Justice PS Narasimha facilitating the thirteen advocates who contributed to the Friday Group Discussions as  guest lecturers,