ACCESS TO JUSTICE: WHO IS EXCLUDED?

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This article is written by Jesna Joy of 2^nd Semester of Christ (Deemed to be University), Delhi NCR, an intern under Legal Vidhiya

Table of Contents

Abstract

Access to justice refers to the ability of individuals and communities to understand their rights, seek legal remedies, and obtain fair, timely, and affordable resolution of disputes through justice institutions. It is central to the rule of law and democratic citizenship in India because constitutional guarantees have meaning only when people can actually enforce them in practice, rather than merely having rights “on paper”.

In reality, access to justice is most limited for people living in poverty ,castebased and religious minorities, women, LGBTQ+ people and persons with disabilities,and those residing in remote rural. These groups experience overlapping social, economic and institutional disadvantages that make it harder for them to use the legal system compared to more privileged citizens.

This paper argues that such patterns of exclusion persist despite strong constitutional guarantees under Articles 14, 21 and 39A and the existence of legal‑aid mechanisms in India. It contends that only stronger implementation, better resourced legal aid and targeted reforms to remove structural barriers can make access to justice a lived reality for marginalised groups

Keywords

Marginalized communities, Access to justice, Legal Aid, Social barriers, lgbtq, Women,Caste

Introduction

Access to justice refers to a situation in which every individual is able to seek legal remedies through the justice system, irrespective of their economic status, gender, caste, religion or other social characteristics. It covers not only the availability of courts, but also legal awareness, affordable and timely procedures, legal aid, and effective enforcement of decisions. It also includes the ability to understand legal information in an accessible language, to obtain competent legal assistance, and to participate meaningfully in proceedings that affect one’s rights and obligations. In the Indian context, access to justice is closely linked to constitutional guarantees under Articles 14 and 21, as well as Article 39A, which directs the State to ensure equal justice and free legal aid so that justice is not denied because of economic or other disabilities.

Concept of access to justice

Who is excluded?

Various groups and communities face particular difficulties in accessing justice in their own country, even though the law formally recognises their rights. People living in poverty, members of marginalised castes and tribes, women, LGBTQ+ persons, persons with disabilities, and people working in informal occupations are especially vulnerable to exclusion. Because of poverty and social prejudice, such groups often cannot afford lawyers, lack basic legal information, and face discrimination when they approach authorities like the police or courts. Women and LGBTQ+ communities, in particular, are frequently the main victims of gender based and identity based violence, yet they struggle to obtain protection orders. Their rights have been historically neglected or denied, and this history continues to influence how institutions respond to them today.

Barriers to accessing justice

One major barrier is language, as court proceedings and legal documents are often dominated by English or other formal legal language that many people cannot understand. Court procedures also exclude people because litigation involves high costs, indirect expenses such as travel and loss of daily wages, and long delays that make the process unaffordable and impractical for poor and vulnerable citizens. Low levels of legal knowledge and literacy mean that many individuals do not know their rights or the procedures to claim them, which makes it easier for others to mislead them or discourage them from pursuing their claims. Social factors such as caste based discrimination, gender bias, stigma against certain occupations and communities, and fear of retaliation further weaken the confidence of marginalised groups when approaching the police, lawyers or courts. In addition, physical barriers like distant courts, lack of safe and affordable transport, inaccessible infrastructure for persons with disabilities, and the growing digital divide as services move online prevent many people from participating effectively in justice processes, even when they technically have a right to do so.

India’s legal aid framework

Article 14 guarantees equality before the law and equal protection of the laws, while Article 21 has been interpreted to include the right to a fair and just legal procedure. Article 39A explicitly mandates the State to ensure that the legal system promotes justice on the basis of equal opportunity and to provide free legal aid so that justice is not denied to any citizen by reason of economic or other disabilities.

To implement these principles, the Legal Services Authorities Act established institutions such as the National Legal Services Authority (NALSA), State Legal Services Authorities which are responsible for organising legal aid services, Lok Adalats and legal literacy programmes for eligible citizens. These bodies aim to support marginalised groups by offering free legal advice, representation and dispute resolution mechanisms. However, research shows that many potential beneficiaries remain unaware of legal aid schemes, that funding and quality vary across states, and that legal aid alone cannot overcome deep rooted social and structural barriers.

Conclusion

Exclusion from justice is not only a legal problem but also a social and economic one, reinforcing cycles of inequality, marginalisation and distrust in state institutions. Groups such as the poor, caste based and religious minorities, women, LGBTQ+ persons, persons with disabilities and people in remote rural areas continue to face language, financial, social, physical and digital barriers that limit their effective access to justice. Strengthening legal aid systems, simplifying procedures, reducing costs, investing in legal awareness, and designing inclusive, people centred and accessible justice institutions are essential steps to ensure that access to justice becomes a reality for all and not a privilege reserved for a few.

References

Vision IAS, Chief Justice Addresses Barriers for Marginalised and Vulnerable Citizens in Accessing Justice (Current Affairs, 19 Sept. 2025)
Nandini Deo et al., Access to Justice in India: A Report (Harvard Law School Center on the Legal Profession, National Report for ILAG Conference 2023)
IILM University, Barriers in the Access to Justice in India (IILM Blog)
iPleaders, Access to Justice to the Marginalised Section in India (12 Dec. 2020)

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