Discussion On Constitution & Fundamental Rights Should Be Taken To Grassroots : Justice AS Oka
Supreme Court Judge, Justice Abhay S. Oka expressed the need to introduce and simplify constitutional concepts and increase awareness of fundamental rights to people at the grass root level.
Speaking at an event organised by The Leaflet on December 4, Justice Oka opined that despite 75 years since the coming of the Constitution, intellectual conversions on fundamental rights and powers under the Constitution has remain limited only to the 'so-called elitist people'.
" 75 years of existence of Constitution, is it really an occasion to celebrate? What are we going to celebrate about? Perhaps its a good occasion for all of us to introspect and find out where we have gone wrong. There have been enough of discussions on Constitution and Fundamental rights where so-called elitist people participate....we must go at the grass root level and discuss what is constitution, discuss what is fundamental right and what is fundamental duty."
Justice Oka shared his experience when he was appointed as the Chairperson of the Maharashtra State Legal Services Authority and conducted legal aid camps in remote areas. It was there that he discovered that a large chunk of the common populace was unaware of the concept of fundamental rights and legal remedies in law. Recollecting from his journey, he expressed :
"The real challenge is that today after 75 years of the Constitution, there is a large section of the population who cannot even think of approaching the Courts, they silently suffer injustice. So on one hand we have this huge task before us- how to handle the mounting arrears (of cases) and on the other hand, we must think about those citizens who just cannot think of approaching the courts."
"We used to go to prisons, to villages, we used to come across several such persons who do not know that remedy is available, where they can go to the court and make an attempt to redress their grievances."
Justice Oka also stressed how simple criminal and civil cases before the district courts also impact the fundamental rights and right to justice of the citizens.
He flagged that often matrimonial matters not only take years to conclude but also affect multiple members of the family. According to him it was incorrect to overlook the importance of work undertaken by the District Courts.
Justice Oka was giving his opening remarks for the conversation between jurist Prof.Upendra Baxi and Justice Gautam Patel, former judge of the Bombay High Court.
The event can be viewed here.