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Wednesday 29 July 2015

BRING AN END TO THE LITERAL APARTHEID IN COURT ROOMS

1.  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.

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