UNEQUAL JUSTICE
India Legal|May 02, 2022
Is the Indian legal system structured in a way that it marginalises a sizeable section of the population and favours the rich? A High Court chief justice sparks a debate
Abhilash Singh and India Legal Bureau
UNEQUAL JUSTICE

The Chief Justice of Orissa High Court S Muralidhar said that the laws in India are structured to discriminate against the poor and that the system works unequally for the poor and the rich.

ORISSA High Court Chief Justice S Muralidhar has said that India's legal system is structured in such a way that it promotes discrimination and works unequally for the poor and the rich. Speaking at the Ambedkar Jayanti lecture organised by the Community for the Eradication of Discrimination in Education and Employment on April 14, Justice Muralidhar said that laws are structured to discriminate against the poor and favour the rich. “There are many barriers to accessing justice that a marginalised person faces," Justice Muralidhar said. “The system works differently for the poor. The laws and processes are mystifying even for an educated literate person. The laws are themselves structured to discriminate against the poor," Justice Muralidhar said. “Muslims and people from the Scheduled Castes and OBC communities formed the majority of those facing trials and convicted in the country," he pointed out.

Justice Muralidhar said that 21% of the undertrial population of 3.72 lakh in India and 21% of the convict population of 1.13 lakh belong to the Scheduled Castes. Similarly, 37.1% of convicts and 34.3% of the undertrials belong to the OBCs. The corresponding percentage for Muslims is 17.4% and 19.5%, respectively. He added that many people who are under trial continue to remain in jail despite being granted bail because of their inability to arrange surety bonds. Justice Muralidhar also expressed concern over the quality of legal aid in the country for those unable to afford legal representation.

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