Ensuring Access to Justice: Challenges and Opportunities
Defining Justice through Different Theoretical Lenses
Different political, legal, and social theorists defined justice differently. For Plato, Justice was class division and functional specialization. Kant defined justice as a virtue through which respect for others’ freedom, autonomy, and dignity could be ensured. J.S Mill sought justice in qualitative utilitarianism to foster human liberty. John Rawls analyzed justice in terms of the maximum equal liberty of all members of a society. Despite these philosophical differences, modern political and social theorists widely believe that justice denotes equality of citizens, rule of law, and equal access to justice.
Access to Justice as a Fundamental Right
Access to justice can be defined as “the ability of people to seek and obtain a remedy through formal or informal institutions of justice, in conformity with human rights standards.” It is crucial for giving justice to the poor and disadvantaged, ensuring everyone can use the legal system when needed. However, in Pakistan, the legal aid system remains in crisis despite constitutional guarantees.
Challenges in Pakistan’s Legal Aid System
Despite constitutional guarantees, Pakistan’s legal aid system faces significant challenges. There is no comprehensive and uniform legal framework for legal aid, making access to the formal legal system unaffordable for most people. Compared to neighboring countries like India, Bangladesh, and Sri Lanka, Pakistan lags in establishing organized structures for legal assistance.
The Role of District Legal Empowerment Committees (DLECs)
Established to provide district-level legal aid, DLECs suffer from a lack of ownership, support, and effective management. The disbursement rate of legal aid funds under DLECs is alarmingly low across regions, indicating issues with transparency and utilization.
Ineffectiveness of Existing Legal Aid Committees
Existing legal aid committees, like those under the Pakistan Bar Council, lack capacity and support to effectively provide legal aid and create awareness about legal rights. Despite legislative frameworks, these committees struggle to fulfill their mandates.
Punjab Legal Aid Agency: Operational Challenges
The Punjab Legal Aid Agency, established to assist financially disadvantaged individuals, particularly women in family disputes, faces operational delays despite court directives. The failure to prioritize effective legal aid provision demonstrates ongoing challenges in the legal aid landscape.
Recommendations for Reform and Implementation
To improve access to justice, Pakistan must reform its legal aid system comprehensively. This includes engaging with provincial law ministries, the Pakistan Bar Council, superior judiciary, and civil society to ensure effective implementation of legal aid provisions and uphold constitutional rights.