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Maharashtra
Judicial Exchange
on Access to Justice
The
first Judicial Exchange on Access to Justice took place in Mumbai,
Maharashtra, from 14-16 November 2003. It was convened by judges
of the Bombay High Court and facilitated by the CHRI and INTERIGHTS.
The
Exchange was attended by around 50 judges and jurists and several
Indian activists and academics and international experts. It focussed
on issues relating to access to justice in the context of poverty
and marginalisation, and provided an opportunity for senior judges,
primarily from within the state of Maharashtra, to reflect upon
innovations and successes in the development of case law and practice
on these issues within India and to address further challenges in
ensuring effective access to justice.
With
an overall focus on the role of the judge, participants:
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" discussed the experiences of users of the courts;
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reviewed the use of innovations in judicial practice to facilitate
effective protection of human rights, including through applying
international and comparative human rights law in national courts;
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examined practical initiatives aimed at facilitating access
and ensuring enforcement of judgments; and
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" discussed the use of external sources of expertise by
individual judges and courts.
Participants
and speakers addressed these issues in the context of issues which
have been of particular recent concern, including the experience
of courts users, in particular women, minorities, dalits and tribal
communities and individuals; the judges' role in enforcing economic
and social rights, particularly the rights to housing; and securing
the right to life and liberty, focusing in particular on how to
address the chronic problem of inadequate and ineffective investigation
and prosecution. Participants also examined the scope for courts
and judges to benefit from the learning and experience of expert
bodies and individuals from outside the judicial system, and finally,
discussed ways and means to ensure more effective enforcement of
judgments.
In
addition the Exchange provided a forum for judges to discuss the
scope of developing ongoing judicial education on human rights within
Maharashtra.
Cilck
here for the Participants'
List and Agenda.

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