Chief Justice of India Sanjiv Khanna today (December 10) addressed the pervasive issue of the “black court syndrome” during the Human Rights Day 2024 celebrations organized by the National Legal Services Authority (NALSA). Speaking at the event commemorating the 77th anniversary of the Universal Declaration of Human Rights (UDHR), the CJI described the syndrome as the fear and alienation marginalized communities face in their interactions with the justice system, including both judges and lawyers.
Justice Khanna’s remarks aligned with those of President Droupadi Murmu, who emphasized the need to reimagine the justice system through the lens of the marginalized.
“Her observations have drawn much-needed attention to what I would term the ‘black court syndrome.’ This phenomenon encapsulates the fear and alienation felt by the disadvantaged in navigating our legal system. It encompasses judges, lawyers, and other stakeholders. Her concerns also highlight the plight of undertrial prisoners, underscoring the urgent need for a justice delivery system that prioritizes compassion and humanity,” the CJI noted.
The CJI illustrated his concern by citing the example of daily wage earners, such as rickshaw pullers, who face significant challenges when required to attend court hearings. He emphasized that while attending court may be a minor inconvenience for wealthier individuals, it can be devastating for daily wage workers who lose income and must also manage legal fees and family responsibilities.
“For a daily wager, attending court often means losing an entire day’s earnings. He must pay the lawyer’s fee, and still ensure his family has food on the table. This disparity highlights the systemic challenges faced by the underprivileged,” he explained.
Drawing from personal observations, the CJI referenced the harsh impact of traffic challan courts in Delhi, where hefty fines and impounding of vehicles often exacerbate financial hardships for self-employed individuals. For those relying on vehicles for their livelihood, fines of ₹5,000 to ₹6,000 or vehicle impoundment can disrupt income, jeopardize loan repayments, and create a downward spiral of financial instability. This, he noted, often leads to frustration and unrest in these courts.
The CJI also called for reforms in criminal laws and court procedures to address these inequities, particularly pointing to overcrowded prisons as a pressing issue. “The criminal justice system demands urgent reforms to make it more humane and equitable. Overcrowded prisons and the plight of undertrial prisoners require immediate attention,” he stated.
Highlighting India’s prison overpopulation crisis, he noted that the system is operating at 119% capacity, with 519,000 prisoners in facilities designed for 436,000. He praised Section 479 of the Bhartiya Naksha Sanhita 2023, which allows first-time offenders to be released after serving one-third of their potential sentence, as a step forward. “This provision recognizes that prolonged undertrial detention erodes the presumption of innocence and disproportionately affects marginalized individuals,” the CJI explained.
Justice Khanna also unveiled NALSA’s “Special Campaign for Elderly and Terminally Ill Prisoners,” which seeks to expedite legal aid and ensure compassionate justice for these vulnerable groups. The campaign, operational until March 10, 2025, will work at the national, state, and district levels. Newly developed materials were also launched to raise public awareness about their rights and NALSA’s targeted schemes, including a toll-free helpline.
Praising India’s robust legal aid framework, Justice Khanna highlighted its scale and reach: “With over 43,000 paralegal volunteers, 1,227 prison legal service facilities, and 419 grassroots legal aid centers, India’s system is unparalleled globally. This year alone, more than 17.5 crore cases were resolved through Lok Adalats, and over 7.76 lakh beneficiaries received assistance.” He also noted NALSA’s focus on early intervention, providing aid to over 25,000 individuals pre-arrest and 150,000 during remand.
Concluding his address, the CJI reflected on Rabindranath Tagore’s vision of humanity in justice. “Tagore’s words remind us that civilizations are judged not by their power but by their ability to express humanity through laws and institutions. While we have achieved significant milestones in justice delivery, our journey toward a fair and equitable system is far from over,” he said.
