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Role of Legal Services in Marginalized Communities

NALSA Chief: Justice System Must Transcend Courtrooms to Address 'Structural Vulnerability' in Eastern India - 2025-10-11

Subject : Indian Law & Policy - Access to Justice & Legal Aid

NALSA Chief: Justice System Must Transcend Courtrooms to Address 'Structural Vulnerability' in Eastern India

Supreme Today News Desk

NALSA Chief: Justice System Must Transcend Courtrooms to Address 'Structural Vulnerability' in Eastern India

GUWAHATI – Supreme Court judge and National Legal Services Authority (NALSA) Executive Chairman, Justice Surya Kant, delivered a powerful mandate for a fundamental shift in India's approach to justice delivery. Speaking at the NALSA East-Zone Regional Conference, he called upon the nation's legal institutions to move beyond the traditional confines of courtrooms and actively address the deep-seated "structural vulnerability" plaguing India's eastern and northeastern states.

In his inaugural address on October 11, 2025, at the conference jointly organized by NALSA, the Assam State Legal Services Authority, and the Gauhati High Court, Justice Kant framed the event not as a mere formality but as a "reaffirmation that our commitment to justice must reach where it has been slow to travel." He urged legal professionals to carry the torch of justice "across the valleys, tea gardens, and borderlands of India's East," regions he described as the "frontiers of India's justice."


The Paradox of Abundance and Vulnerability

Justice Kant articulated a central challenge facing the region, coining the term the "paradox of abundance and vulnerability." He acknowledged the immense contributions of the eastern states to the national fabric—from Assam's tea industry and Odisha's vast coastline to West Bengal's intellectual heritage and Jharkhand's mineral wealth. However, he starkly contrasted this richness with the persistent struggles of poverty, inequality, and a profound lack of access to justice that defines the lives of many in these areas.

"True progress is not measured by GDP or statistics," Justice Kant asserted, "but by whether justice, dignity, and opportunity are equitably distributed across every community."

He painted a sobering picture of the social landscape, citing alarming data points that underscore the region's systemic challenges. He highlighted that Bihar continues to report that nearly 40% of its women are married before the legal age of 18. In Assam, cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act have seen a staggering six-fold increase over just four years. These issues, he stressed, along with the displacement of tribal communities, the exploitation of tea garden workers, and a growing mental health crisis, are not isolated incidents. "These are not separate issues," he declared, "but chapters of the same story — a story of structural vulnerability."

This analysis positions the role of legal services not merely as a reactive mechanism for dispute resolution but as a proactive force for social reform, tasked with dismantling the very structures that perpetuate injustice.


NALSA's 'Architecture of Care': From Law Books to Lived Realities

In response to these challenges, Justice Kant outlined NALSA's strategic vision, describing its initiatives as an "architecture of care." He emphasized that legal services institutions must serve as the "bridge between law and life," ensuring that legal principles are not confined to statutes and courtrooms but are "translated into everyday justice that touches the lives of the most marginalised."

He detailed several targeted NALSA programs designed to address the specific vulnerabilities of the eastern region:

  • DAWN (Drug Awareness and Wellness Navigation): A crucial initiative focusing on both the prevention of drug abuse and the rehabilitation of individuals, directly targeting the narcotics crisis evident in states like Assam.
  • ASHA: A Standard Operating Procedure (SOP) designed to combat the entrenched practice of child marriage through a multi-pronged approach of education, awareness, and vocational training for at-risk girls.
  • SAMVAD: A program dedicated to securing legal access and rights for tribal and denotified communities, who are often the most affected by displacement and lack of legal representation.
  • Legal Services to Workers in the Unorganised Sector: An initiative focused on upholding the dignity of labour by ensuring fair wages and safe working conditions, with particular relevance to the region's vast population of tea garden and other informal workers.

Furthermore, Justice Kant announced the recent launch of the ‘NALSA Veer Parivar Sahayata Yojana 2025’ , a scheme extending free and comprehensive legal aid to the families of defence personnel serving in difficult border terrains, recognizing their unique sacrifices and needs.

This framework, he explained, is inspired by the African philosophy of Ubuntu —"I am, because you are"—and the deeply rooted Indian ideal of Manav Seva Hi Madhav Seva (service to humanity is service to God), grounding NALSA's legal mission in a philosophy of interconnectedness and compassionate service.


A Call for Empathetic Justice and Tangible Outcomes

Moving beyond policy, Justice Kant issued a profound call for a more empathetic and receptive legal system. He cautioned against an over-reliance on technology, stating that while it is a vital tool for extending reach, "technology must remain a bridge, not a substitute" for human connection.

The true measure of success, he argued, would not be found in eloquent speeches or passed resolutions. Instead, it would be measured by tangible, life-altering outcomes on the ground.

“It will lie in whether a child in Bihar is saved from a premature marriage, a young man in Nagaland finds a path away from addiction, a tribal family in Odisha secures its forest rights, or a tea worker in Assam sees her children educated and nourished,” he stated.

This outcome-oriented perspective challenges the legal community to look beyond procedural victories and focus on substantive justice. To achieve this, Justice Kant urged a fundamental shift in communication and perspective. “Above all,” he concluded, “we must cultivate the courage to listen — to children, to workers, to tribes, to those battling despair — and to shape justice not in our language, but in their sentiments.”

Concluding his address with a quote from the revered Assamese saint Srimanta Sankardev—'Manuhor maromat Ishwar thake' (God resides in human compassion)—Justice Kant left the audience with a powerful reflection on the judiciary's ultimate purpose. "If compassion is where divinity resides," he said, "then it is our duty to ensure that our legal services institutions remain temples of such compassion."

The two-day conference will continue to deliberate on these critical themes, with focused sessions on child rights, narcotics control, tribal protection, labour welfare, and mental health, aiming to translate Justice Kant's vision into an actionable roadmap for the region.

#AccesstoJustice #NALSA #LegalAid

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