Issues

The Constitution lays down as fundamental in the governance of India, the establishment of a social order for the promotion of the welfare of the people where inequalities are minimized, adequate means of livelihood secured, control of resources distributed to subserve the common good, concentration of wealth eliminated, the right to work and education provided for and so too public assistance in case of old age, sickness, disablement and want; and where the State raises the level of nutrition and standard of living of the people and improves public health.

In the name of 'globalisation' all this is being undone; leaving in its wake concentration of economic wealth on the one hand and utter destitution of the people on the other. Repressive statutes such as the Armed Forces (Special Provisions) Act have been upheld. Torture by the police is so widespread that it appears beyond judicial review. Personal laws were held to be immune from constitutional challenge. The huts of the poor are bulldozed and the remnants burnt without any court intervening. Corruption spreads like a cancer throughout the arms of the state and remains unchecked. Land acquisition and the displacement of millions have been held legal and justified. With the backlog in the appointment of judges growing, mounting arrears leave litigants frustrated. The administration of justice is woefully out of tune with the unprecedented crisis of modern India.

We have absolutely no doubt that the legal system in India is oriented entirely towards the needs of the rich and is uncaring towards the poor. Property and not human rights is at the core of its agenda. Fundamental social change will therefore come from social movements. Notwithstanding this, the poor find themselves with their backs towards the wall, often having no other option but to go to court. It is the duty of lawyers and social activists to defend them.

Understanding the correlation between rights and the nature of violations, HRLN's response is not limited to any one issue. The organisation aims to maintain a balance between a sustained campaign for socio-legal reform on specific issues as well as crisis response.