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Law Min, CJI push for better access to justice for undertrials

Touching upon the issue of pending cases in the judiciary and the inordinate delay for justice, Prasad said all cases that are more than 10-year old must be expedited

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Ravi Shankar Prasad
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Union Law Minister Ravi Shankar Prasad championed for Section 436-A of the Code of Criminal Procedure (CrPC) to become a movement in a bid to increase access to justice for undertrial prisoners.

Section 436A of the CrPC states that all undertrials must be released if they have served "one-half of the maximum period of imprisonment specified for that offence under that law".

Prasad was speaking on the occasion of Legal Service Day at Pravasi Bhavan where paralegal volunteers were felicitated for their hard work.

"436A must become a movement. This is imminently doable," he said. Undertrial prisoners are not getting the help they need. Some of them are not even aware of their rights, he added.

Recalling an anecdote where a common man — tea estate worker Anwar ul-Haq — was awarded the Padmashree, Prasad said, "We must build an architecture where common men should be awarded for their good deeds."

"Can we pick up a genuinely good paralegal volunteer and recommend him for a Padmashree?" he questioned.

Touching upon the issue of pending cases in the judiciary and the inordinate delay for justice, Prasad said all cases that are more than 10-year old must be expedited. Nyaya Mitra Scheme will help facilitate all individuals involved in a case, he added.

Espousing the cause for pro bono lawyering, Prasad said serious consideration would be given to those who genuinely worked on cases pro bono and made a difference in the justice delivery system.

Echoing his sentence, Chief Justice of India Dipak Misra added that paralegal volunteers cannot practice law, but are perceivers of law. "They are the first point of contact for those who require assistance, he said.

The CJI further opined that these volunteers, who provide a service, must be adequately compensated. Volunteers not only need incentives, but also sustenance.

Speaking before judges from High Courts across the country, the CJI also advised them to give precedence to appeals that are more than 10-year old and constitute special benches on Saturday to dispose them.

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