Sunday 9 August 2015

THE LITERAL APARTHEID IN COURT ROOMS

THE NATIONAL LAWYERS’ CAMPAIGN FOR
JUDICIAL TRANSPARENCY AND REFORMS
(Regd.No.MH/MUM/1701/2015/GBBSD)
304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Lion Gate, Fort Mumbai- 400 023
Cell # +91 98205 35428 ,  022 22626634

Mathews J. NedumparaPresident

Mrs. Rohini M. Amin
Vice President     
 Mumbai
Ms. Sophia Pinto 
Vice President,Bangalore
K. Lingaraja
Vice President, Delhi
A. C. Philip
Vice president,
Cochin
 Navaneetha Krishnan
General Secretary

AN OPEN LETTER TO THE Hon'ble Chief Justice OF India TO BRING AN END TO THE LITERAL APARTHEID IN Court ROOMS


July 28, 2015

To

The Hon'ble Chief Justice of India,
Supreme Court of India,
New Delhi.

Also to:

The Hon'ble Judges of the Supreme Court,
Supreme Court of India,
New Delhi.

The Senior Lawyers,
Supreme Court of India,
New Delhi.

The Advocates on Record,
Supreme Court of India,
New Delhi.

Members of the Legal Fraternity.


Respected Lordships/Sirs,


1.                     Ours is a campaign of ordinary lawyers hailing from humble background, sons and daughters of farmers, small time traders, taxi drivers, teachers etc., who constitute to be 90% of the legal fraternity, for equal treatment in Court Rooms, which is an implicit mandate of Article 14 of the Constitution of India, namely, equality before law and equal protection of law; so too the very ethos of the preamble to the Constitution which finds the words “Equality of status and of opportunity” engraved therein.
2.                     Mahatma Gandhi, the great soul who fought against apartheid in South Africa and demanded equal treatment of all human beings is the everlasting light and guidance; so too the legendary Justice Krishna Iyer,        in our campaign for just, fair and equal treatment of all lawyers, nay, the litigants, as well, in the Temples of Justice.  While Mahatma Gandhi advocated that a language of protest should most non-violent, non-hurting, the great apostle of peace, Jesus Christ, we believe, minced no words.  The words of Jesus Christ “Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother's eye” too is an inspiration in drawing up this letter.  The language, therefore, we employ is of utmost respect and non-violent, but at the same time should in unmistakable terms carry the message, as well.
3.                     The system of designation of lawyers as seniors and juniors and the manifestation thereof in their dress code has literally created a system of apartheid of two classes of lawyers, an upper caste and a lower caste – the designated royal class and the non-designated untouchables.  There is a simmering anger, protest, against this among the untouchable class of lawyers who constitute to be 90% of the legal fraternity.  If their demand for equal treatment and their feelings and emotions are not taken care of and if they are suppressed and not allowed to open their mouth, then the simmering anger will turn out to be a tempest.  We are reminded the words of legendary Justice Krishna Iyer, ''One day the people of this country will rise and say that we don't want this magnificent red stone edifice on the Curzon Road (now Bhagwan Das Road) because it is seen to be counterproductive and in turn the High Courts".
4.                     We part with in the unstinted belief that the Hon'ble Chief Justice of India, the Hon'ble Judges of the Supreme Court and the senior lawyers, whom all we respect, nay, literally worship for their erudition, knowledge and eminence, will take this letter in its right spirit and if we have violated Mahatma Gandhi’s command of employing the most respectful, dignified and non-violent language, we may be condoned, and, at the same time, come forward to bring an end to the caste system, nay, the apartheid, among lawyers.
                        With most respectful regards,Yours sincerely,

(Mathews J. Nedumpara)President

P.S.     This letter will not be complete without the instant post script.  We, the campaigners, lawyers of little significance in the current casteism in the legal profession, have made an exhaustive research as to the manner of designation of lawyers as Senior Advocates.  There is not a single lawyer in this country he being a son of a former Judge of the Supreme Court or High Court or a big lawyer; so too big political leaders who has  crossed the age of 45 years, yet being neither designated as a senior counsel nor elevated as a Judge of the High Court.  The data collected by us remind us the words of George Orwell: “All animals are equal, but some animals are more equal than others.”



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