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
