CJI Sanjiv Khanna Highlights ‘Black Coat Syndrome’ on Human Rights Day, Urges Legal System Reforms to Support Marginalized Communities

(Judicial Quest News Network)

In a significant address on Human Rights Day 2024, Chief Justice of India (CJI) Sanjiv Khanna raised crucial concerns about the “Black Coat Syndrome,” a phenomenon that reflects the deep-seated fear and alienation marginalized communities experience in their interactions with India’s legal system. The CJI’s remarks, made during the 77th anniversary celebrations of the Universal Declaration of Human Rights (UDHR), were made in the presence of Justices BR Gavai, Suryakant, and Union Law Minister Arjun Ram Meghwal.

CJI Khanna’s speech focused on how both judges and lawyers, as key players in the judicial system, unintentionally contribute to this syndrome by creating an environment that is perceived as distant, intimidating, and unwelcoming for vulnerable sections of society. The legal system, Khanna suggested, often fails to make marginalized groups feel heard or supported, a failure that reinforces a cycle of alienation and fear.

Legal System’s Failure to Support Marginalized Communities

Echoing remarks from President Draupadi Murmu, CJI Khanna underscored the importance of imagining the justice system through the lens of the marginalized. He explained how this “Black Coat Syndrome” often leaves vulnerable individuals, such as daily wage workers and underprivileged citizens, feeling excluded and powerless in the face of legal challenges. “The challenges reflect a deep-seated fear and alienation felt by marginalized and disadvantaged communities when interacting with our legal system,” he noted.

Khanna stressed the need for systemic reforms to transform the judicial process, ensuring that it supports those who are most vulnerable. He shared a poignant example of how the legal system fails those at the bottom of the socioeconomic ladder. For instance, daily wage earners—such as rickshaw pullers—who are accused in criminal cases are required by law to appear in court hearings in person. For these workers, attending court can result in a complete loss of income for the day, leading to a host of struggles, including the inability to feed their families or afford the cost of a lawyer.

“While those with salaried jobs may attend court without significant disruption to their livelihoods, for a daily wage worker, the day spent in court is an entire day’s lost income,” CJI Khanna explained, emphasizing the financial and emotional toll this has on the most disadvantaged members of society.

Personal Reflections on the Struggles of Self-Employed Individuals

CJI Khanna also shared personal reflections on the challenges faced by self-employed individuals, particularly those dependent on vehicles for their livelihoods. He highlighted how fines imposed in cases related to traffic violations—such as those heard in Delhi’s traffic challan courts—can have devastating consequences for these individuals. A fine of Rs 5000 or Rs 6000, he noted, can be financially ruinous for someone who relies on their vehicle to make a living. In addition to the fines, the impounding of vehicles can cripple their ability to earn, leading to a vicious cycle of economic hardship.

Khanna recalled instances of unrest and frustration in traffic challan courts, where the impact of such fines often leads to outbursts and violence. “The situation becomes highly charged, leading to frustration, and sometimes even violence,” he observed, highlighting the urgent need for reforms in these courts to alleviate the burden on vulnerable individuals.

Call for Compassionate and Human-centred Justice

In his address, CJI Khanna made a passionate call for reforms in criminal courts, urging a more compassionate and human-centered approach to justice. He pointed out that overcrowded prisons are a significant issue, with the Indian prison system currently operating at 119% of its capacity. As of the latest figures, the prison population stands at 519,000, far exceeding the capacity of 436,000.

Khanna also addressed the issue of undertrial prisoners, many of whom languish in jails for extended periods due to delays in their trials. He applauded Section 479 of the Bharatiya Nyay Sansthan, which allows for the release of first-time offenders after serving one-third of their sentence. This provision, he noted, is an important step toward addressing the challenges faced by undertrials, especially those from marginalized communities, who often experience prolonged detention that violates the presumption of innocence.

The CJI emphasized that prolonged undertrial detention is a key contributor to the cycles of disadvantage and societal alienation faced by these individuals. “The harsh reality is that prolonged detention affects the presumption of innocence and traps marginalized individuals in cycles of disadvantage,” he said, adding that reforms in the judicial process are essential to address these challenges.

NALSA’s Role in Legal Aid and Justice Delivery

CJI Khanna also took the opportunity to highlight the significant role played by India’s National Legal Services Authority (NALSA) in providing legal aid and ensuring access to justice. Describing India’s legal aid system as the largest and most comprehensive in the world, Khanna pointed to the impressive numbers, with over 43,00,000 para-legal volunteers, 1227 legal professionals, and 419 grassroots legal aid centres working at the national, state, and district levels.

He further shared that NALSA had resolved 17.5 crore cases through Lok Adalats in 2024, and that over 7.76 lakh beneficiaries had received legal assistance this year. In addition, over 25,000 individuals had received pretrial legal assistance, and more than 1.5 lakh individuals had received aid during their remand periods.

The CJI also praised NALSA’s new initiatives, including a campaign focused on ensuring expedited legal aid for elderly and terminally ill prisoners. This campaign, which will continue until March 2025, aims to provide compassionate justice for these vulnerable individuals. It includes operational units at multiple levels, as well as newly developed awareness materials to empower citizens about their rights and available legal resources.

Reflecting on Humanity and the Rule of Law

Concluding his address, CJI Khanna reflected on the timeless words of Rabindranath Tagore, who famously said that civilizations should not be judged by their power, but by how they express humanity through their laws and institutions. “Civilizations must be judged by the love of humanity,” Khanna remarked, echoing Tagore’s vision that a society’s true progress lies in its ability to ensure justice for all, especially its most vulnerable members.

The CJI’s address was a stark reminder that while significant strides have been made in ensuring access to justice, the journey is far from complete. “Our achievements are significant milestones,” he said, “but our journey is a work in progress.” With his words, CJI Khanna called for continued efforts to make India’s legal system more accessible, equitable, and compassionate, particularly for those who need it the most.