“Black Coat Syndrome” : On Human Rights Day, CJI Sanjiv Khanna Highlights Deep-Seated Fear Of Legal System In Marginalized Communities

Chief Justice of India Sanjiv Khanna today (December 10) shed light on the pervasive “black coat syndrome” during the Human Rights Day 2024 celebrations organized by the National Legal Services Authority (NALSA). The CJI described the syndrome as the fear and alienation experienced by marginalized communities in their interactions with the legal system, including both judges and lawyers.

Justice Kanna was speaking at an event to commemorate the 77th anniversary of the adoption of the Universal Declaration of Human Rights (UDHR). Justice BR Gavai, Justice Surya Kant, and Union Law Minister Arjun Ram Meghwal also attended the event.

The CJI echoed remarks by President Droupadi Murmu, highlighting the need to reimagine the justice system through the perspective of the marginalized.

“Her timely observations have brought about critical focus to concerning phenomena of what I will call, and some others call, the “black coat syndrome”. In that syndrome, I'll include both the judges and the lawyers. The challenge reflects a deep-seated fear and alienation failed by the marginalized and the disadvantaged about our legal system. Her concerns extend further to the under-trial prisoners languishing in jails, underscoring the pressing need to transform our justice delivery system in favour of the most vulnerable”, the CJI said.

Illustrating his concern, the CJI provided examples, such as the plight of daily wage earners, such as rickshaw pullers if they are accused in a criminal case, as accused are required by law to appear in person for court hearings unless granted an exemption. He noted that for wealthier individuals, attending court may not disrupt their livelihood significantly. However, for a daily wage worker, attending court can result in a complete loss of income for the day.

“He loses entire day wages. He has to pay the fee of the lawyer. He has to ensure that his food for his children, his family members, is made,” the CJI explained.

CJI Khanna shared a personal experience highlighting the challenges faced by self-employed individuals, particularly those relying on vehicles for their livelihood. He referenced cases in Delhi's traffic challan courts, where enhanced fines and impoundment of vehicles—meant to deter violations—had severe unintended consequences.

For self-employed individuals or those working on vehicle loans, a fine of Rs. 5,000 to Rs. 6,000 can be devastating, he highlighted. Impounding their vehicles not only disrupts their ability to earn but also jeopardizes their ability to pay monthly EMIs. This can lead to a downward spiral, where the individual struggles to support their family or maintain their livelihood.

“This situation often leads to frustration and unrest in traffic challan courts,” the CJI observed, recalling incidents of violence and shouting in these courts.

He stressed the need for reforms in criminal courts and laws to address these disparities, pointing out overcrowded prisons as a significant issue.

“The question is, call for compassionate and humane justice. How do we ensure this? How do we promote this in our legal system? Criminal Courts are the area which require a lot of emphasis, which require a lot of reform. The laws require a change. We have decriminalized number of laws, but lot of work is still in progress. This becomes particularly important if you look at the number of undertrial prisoners”, he highlighted.

India's prison system, he noted, is over-occupied up to 119% of its capacity, housing 519,000 prisoners against a capacity of 436,000. He highlighted Section 479 of the Bhartiya Naksha Sanhita 2023, which allows first-time offenders to be released after serving one-third of their maximum potential sentence, as a progressive step toward addressing these challenges.

“It (section 479) acknowledges the crucial reality that prolonged undertrial detention affects the presumption of innocence, while trapping individuals, especially those from marginalized background, in deepening cycles of disadvantage and societal alienation”, the CJI said.

CJI Khanna said that NALSA's “Special Campaign for Elderly and Terminally Ill Prisoners”, which was launched today, aims to ensure expedited legal aid and compassionate justice for these vulnerable groups. The campaign will continue until March 10, 2025, with operational units at national, state, and district levels. Additionally, newly developed awareness materials were unveiled to empower citizens by enhancing understanding of their rights and NALSA's 13 targeted schemes, including a toll-free helpline.

Justice Khanna praised India's legal aid system, describing it as the largest and most comprehensive globally, with a workforce of 43,050 paralegal volunteers, 1,227 prison legal service facilities, and 419 grassroots legal aid centers, he said, adding that 17.5 crore cases have been resolved via Lok Adalats in 2024 and more than 7.76 lakh beneficiaries got assistance this year. Further emphasizing early legal intervention, NALSA has provided aid to over 25,000 individuals pre-arrest and 150,000 during remand, he shared.

He concluded his address by reflecting Rabindranath Tagore's vision of civilizations being measured by their humanity.

“'Civilizations must be judged and prized not by the amount of power it has developed, but by how much it has evolved and given expression to by its laws and institution the love of humanity', these words of Rabindranath Tagore remind us that our achievements mark significant milestones in making justice accessible. Our journey is a work in progress”, the CJI concluded.