A Legal And Ethical Consideration Of Livelihood As A Hindrance To Access Justice
- IJLLR Journal
- 1 day ago
- 2 min read
Godwin Goodhead Akpan & Sachin Bhardwaj, Marwadi University, Rajkot, Gujarat.
ABSTRACT
This paper addresses how livelihood can affect the ability of a person to access justice from both legal and ethical standpoints. Livelihood is fundamental to survival; it encompasses the basic necessities that are required for one to lead a convenient and dignified life. Ranging from the aspects of food, shelter, electricity, clothing, and other basic amenities, the scope of livelihood transgresses far beyond the expectations of humans.
Justice is both free and expensive; the cost of it, though decided by the Judge, can affect the economic stability and livelihood of a person. While the notion of justice is very subjective and cannot be generalised, what is just to one may be unjust to another
The scope of the present work covers the position of livelihood from the perspective of the Constitution of India, and the legal hindrances to justice from the aspect of filing cases, victimisation, failure to appeal, duration of sentence versus release, and post-sentence problems. On the other hand, the ethical concerns that have been addressed cover the aspect of plea bargaining, the delays in judicial proceedings, inadequate systemic responsiveness of the police as well as jail authorities, and also that of some advocates, especially in not providing efficient legal aid services to the needy masses.
The authors have provided numerous suggestions on the means by which this contemporary issue can be resolved. It therefore concludes that justice can only be said to be complete when a person can identify their rights, the legal actions to take, and can get the proper remedy available by law without any fear for their state of livelihood.
Keywords: Livelihood, Justice, Victim, Plea bargain, Constitution, Law and Ethics.
