SPEECH BY HER EXCELLENCY THE PRESIDENT OF INDIA, SHRIMATI PRATIBHA DEVISINGH PATIL ON THE CONFERENCE OF ACCESS TO JUSTICE AND SOCIO-ECONOMIC DEVELOPMENT PROGRAMMES IN THE NORTH EASTERN REGION

Guwahati , 17th April 2010

Ladies and Gentlemen,

I am very happy to be inaugurating the Conference on Access to Justice and Socio-Economic Development programmes in the North Eastern Region. I recall that about two years ago at the National Conclave of North Eastern States for Access to Justice to Women of the Region, in Delhi, I had expressed the view that such conferences should be held in the region itself rather than in Delhi. I am, therefore, particularly glad to be in Guwahati on this occasion.

I was here last April during the Diamond Jubilee Celebrations of the Gauhati High Court. In Gangtok from where I am coming here this time, I have just had the privilege of participating in the Golden Jubilee Celebrations of the Sikkim High Court. These milestones bring back a recollection of the purposes and principles on which institutions are founded. They also are an occasion to re-pledge to work with greater enthusiasm.

Such events bring back to me memories of my association with the legal world. Being a lawyer, before I joined public life, I have a deep interest in legal affairs. As President, I have interacted with Judges and Jurists, Lawyers and law students. In the course of my discussions with them, I have always emphasized the two essential points. One that the rule of law is the very foundation of justice, second that a legal system should not only meet the requirements of individual justice but fulfill the broader role of being an instrument of legal empowerment for the society and nation.

Sixty years ago the Constitution of India was adopted. It was a powerful expression of a nation that had won its freedom. It contained the vision for the future - a democracy that would seek the noblest of human values. The Constitution and its provisions are the guiding force for the political, economic and social agenda of the country. The overall framework of the Constitution has also been the reference point, both in terms of policy formulation and decision making, for the institutions of the country.

Since independence, the nation has moved ahead. Democracy has continued uninterruptedly and its institutions have been strengthened. Judiciary, through its many judgments, has been successful in ensuring that law adapted itself to the needs of the changing times and in furthering truth and social justice. We can, therefore, have a degree of satisfaction with our performance but our tasks are not over. A huge volume of work waits to be completed, our weaknesses need to be rectified and our strengths further fortified. In this context, the topic of today's Conference is very timely.

I would like to congratulate the Chief Justice of the Supreme Court for constituting a North-Eastern Regional Committee for Access to Justice and Socio-economic Developmental Programmes, with Justice Dr. Mukundakam Sharma as its President. I am informed that the Ministry for Development of North Eastern Region and representatives from the Judiciary, National Legal Services Authority, Assam State Legal Services Authority and the Indira Gandhi National Open University are associated with it. Alongwith socio-economic policies and programmes, a holistic and a well coordinated approach towards access to justice, is required.

It is a legal system that is structured on timely delivery, affordable justice and non-cumbersome procedures which is best designed to provide access to justice. The large number of cases pending at various levels of our judiciary in our country is an issue of concern. This has a cascading effect on people's expectations and impacts on their perception of the judiciary. A case not decided on time results in a situation of being "in limbo" for years together. In the event of criminal cases, it leaves many families worried and also results in under-trials in jails. In civil matters it cripples the litigants' ability to take important decisions in their lives. Hence, timely dispensation of justice is a cardinal principle of justice.

Litigation is not an in-expensive option. For the poor and disadvantaged sections of society approaching courts without legal aid is not possible. We must look at how to make justice more affordable whether it is in terms of court fees or lawyer's fees. At the same time, we need to make our legal aid system robust, effective and competent. Low levels of legal awareness also impede access. I hope that during the course of this Conference there will be practical outcomes on some of these issues. Lack of opportunities for equitable access to justice can create a division in society of those who "have" and those who "do-not-have" access to justice.

Efforts should be made to use the potential of information and communication technology to improve the efficiency of the courts. Many High Courts place their cause lists and case status on their website. This needs to percolate down to all sub-ordinate courts as well. Such steps will make judicial processes more transparent and predictable.

The courts in India need to continue to consistently uphold the provisions of the Constitution and protect the legal and constitutional rights of the people. As they look at the future, they should ask many questions. What will be the role of the judiciary in the 21st Century? How can the dispute resolution systems be made more effective? How Lok Adalats, Family Centres, and Alternate Dispute Resolution Mechanism as also Tribunals can be more useful. How have they contributed in making justice most accessible? How will new legislations like Gram Nyayalayas be implemented effectively? How can there be inclusive justice?

Measures that promote inclusiveness are very important for a country as large as India. Growth must reach all sections of society and all regions of the country. The contribution of the North East States to the development of our country has been tremendous. I can assure you that the development of the North East region is also amongst the foremost priorities of the nation. The North Eastern Region Vision 2020 is a document that reflects the collective desire to work towards the development and prosperity of the people of the region. A critical element is the strengthening of the transport infrastructure in the North East so that it has greater connectivity within and with other parts of India. For empowering the people, I would like to particularly emphasize the importance of education. The North Eastern region has better literacy rates as compared to other parts of the country. However, no efforts should be spared to ensure that quality education is made available to children. The various socio-economic programmes should be implemented with a sense of deep commitment adhering to time-lines so as to ensure that benefits reach the targeted groups.

The North-East is a special part of the country. Its people are hard-working and brave. Many tribes with their varied customs and following different religious practices live here. They represent what is India - a diverse nation, which deeply respects pluralism. The fabric of the Indian nation demands that every citizen develops a sense of tolerance and understanding. To carry our nation together we need strength, commitment and inspiration. Mahatma Gandhi was deeply inspired by the Brahmaputra and in Tezpur wrote: - "The River, in front, flows peacefully. �.. if only we could acquire such serenity and enjoy such peace".

Being in Guwahati today, on the banks of the Brahmaputra, I wish all people in the country peace, progress and prosperity. My very special greetings to the people of the North-East. My greetings also for Bohag Bihu festival celebrated in Assam with great joy and festivities. I wish the Conference all success.

Thank you.

JAI HIND!