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Judicial Exchange on Access to Justice
Chennai, India, 5 - 7 November 2004

Background Papers

The background papers distributed at the Chennai Judicial Exchange on Access to Justice - drawn from papers presented at previous Judicial Colloquia, including some papers published in the series of publications by INTERIGHTS and the Commonwealth Secretariat on 'Developing Human Rights Jurisprudence' - provided comparative perspectives on access to justice. They focused in particular on the roles of the judge as protector of core constitutional values and in ensuring fair trial for victims and the accused; the reflection of discrimination in judicial decision making; judicial responses to the rights of vulnerable and marginalised people; and the effective enforcement of rights.

I. The Judge as a Protector of Core Constitutional Values

1. 'The Role of the Judiciary in the Democratic Process: balancing Activism and Judicial Restraint'
Hon' Justice P.N. Bhagwati, Former Chief Justice of India and former Vice-Chairman of the UN Human Rights Committee
(Developing Human Rights Jurisprudence, Vol 5: Fifth Judicial Colloquium on The Domestic Application of International Human Rights Norms, Oxford, 21-23 September 1992, Commonwealth Secretariat)

2. 'The Role of the Judiciary in Translating Human Rights Law into Practice'
Hon' Justice Arthur Chaskalson, President of the South African Constitutional Court
(Developing Human Rights Jurisprudence, Vol 8: Eighth Judicial Colloquium on The Domestic Application of International Human Rights Norms, Bangalore, 27-30 December 1998, Commonwealth Secretariat 2001)

3. 'The Bangalore Principles of Judicial Conduct 2002'
(The Bangalore Draft Code of Judicial Conduct 2001 adopted by the Judicial Group on strengthening Judicial Integrity, as revised at the Round Table Meeting of Chief Justices held at the Peace Palace, The Hague, November 25-26, 2002)

II. Manifestation of Discrimination in Society and its reflection in Judicial Decision Making

4. 'Redress for Violence Against Women in India: The Successes and Failures of Judicial Action'
Hon' Justice Ruma Pal, Judge, Supreme Court of India
(Developing Human Rights Jurisprudence, Vol 8: Eighth Judicial Colloquium on The Domestic Application of International Human Rights Norms, Bangalore, 27-30 December 1998, Commonwealth Secretariat 2001)

5. 'Access to Justice, Gender and Poverty'
Hon' Justice Prabha Sridevan, Chennai High Court, India
(First South Asian Regional Judicial Colloquium on Access to Justice, New Delhi, 1-3 November 2002)

III. Judge's Role: A Fair Trial and Due Process for the Accused

6. 'The Centrality of the Right to Fair Trial as a Human Rights Norm'
The Rt Hon' The Lord Steyn, House of Lords, England
(Developing Human Rights Jurisprudence, Vol 8: Eighth Judicial Colloquium on The Domestic Application of International Human Rights Norms, Bangalore, 27-30 December 1998, Commonwealth Secretariat 2001)

7. 'Prisons and Custody: Application of International Human Rights Norms by the Supreme Court of India'
Hon' Justice Mukul Mudgal, Delhi High Court, India
(Developing Human Rights Jurisprudence, Vol 8: Eighth Judicial Colloquium on The Domestic Application of International Human Rights Norms, Bangalore, 27-30 December 1998, Commonwealth Secretariat 2001)

IV. Judge's Role in Ensuring a Fair Trial - Justice for Victims

8. 'Why Cases Fail'
Hon' Justice Vijaya Tahilramani, Bombay High Court, India
(First Judicial Exchange on Access to Justice, Mumbai, 14-16 November 2003)

9. 'Access to Justice: Witness Protection and Judicial Administration'
Hon' Justice Madan Lokur, Delhi High Court
(First Judicial Exchange on Access to Justice, Mumbai, 14-16 November 2003)

10. 'Towards a Legal Regime for Protecting the Rights of Victims & Witnesses'
Saumya Uma, Coordinator Justice and Accountability Matters Programme, Women's Research and Action Group, Mumbai

V. Judicial Responses to the Rights of Vulnerable and Marginalised People

11. 'Judicial Enforcement of Socio-Economic and Cultural Rights'
Professor S.P. Sathe, Hon. Director, Institute of Advanced Legal Studies, ILS Law College Campus, Pune
(First South Asian Regional Judicial Colloquium on Access to Justice, New Delhi, 1-3 November 2002)

12. 'Implementation of Court Orders in the Area of Economic, Social and Cultural Rights: An Overview of the Experience of the Indian Judiciary'
Dr S. Muralidhar, Advocate, Supreme Court of India
(First South Asian Regional Judicial Colloquium on Access to Justice, New Delhi, 1-3 November 2002)

13. 'Judicial Protection of Economic Social and Cultural rights'
Geeta Ramseshan, Advocate, Madras High Court

VI. Ensuring Effective Enforcement of Rights

14. 'Delivering Access to Justice at the District Level'
Michael Anderson, Director of Studies, British Institute of International and Comparative Law, London, UK
(First South Asian Regional Judicial Colloquium on Access to Justice, New Delhi, 1-3 November 2002)

15. 'The Domestic Application of International Human Rights Norms'
Hon' Dr. Justice A.S. Anand, former Chief Justice of India
(Developing Human Rights Jurisprudence, Vol 8: Eighth Judicial Colloquium on The Domestic Application of International Human Rights Norms, Bangalore, 27-30 December 1998, Commonwealth Secretariat 2001)

16. 'Poverty, Access to Justice and Implementation of Human Rights'
Hon' Justice Dhananjaya Y. Chandrachud, Judge, Bombay High Court, India
(First South Asian Regional Judicial Colloquium on Access to Justice, New Delhi, 1-3 November 2002

17. 'Working of the Human Rights Courts-The Tamil Nadu Experience'
Ms. Sudha Ramalingam, Advocate Madras High Court