‘Society should bear cost for people's access to justice’

Islamabad: The society as a whole should bear the cost for providing access to the justice otherwise the true spirit of justice will remain mere a dream for excluded people in society.
This was narrated by a study conducted by Dr. Anwar Shah, assistant professor, School of Economics, Quaid-i-Azam University and his research team. The research project was funded by Higher Education Commission of Pakistan (HEC) under Thematic Research Grant.
Under the project, an empirical analysis of the court cases in Islamabad was done. Dr. Anwar Shah and his research team collected primary data from clients and lawyers fraternity in the district courts of Islamabad.
“We compare the cost of justice for clients on various types of cases across courts. The study shows that the average cost of almost all types of cases for clients is higher than the average income of a Pakistani citizen, showing the excludability of judicial structure of Pakistan. The average family income is calculated from Household Integrated Economics Survey 2015-16 (HIES). Bearing the financial burden of a case is a major toll on the income of people needs to be addressed,” said Dr. Shah.
The study suggests establishment of a judicial system with a primary objective of settling the disputes of individuals within the society. The flaw of the current structure is that it makes disputes among people as a source of earnings for a number of people associated with the current system.
The study project assumes that the institutional structure of current judiciary is a part of the capitalistic structure. On one hand this structure tries to help people in satisfying their basic necessities of life without compromising the freedom of individuals. On the other hand the same structure makes society suffer from inequalities.
It also explains that the current structure has been influenced by various regimes over the time; however, the influence of British colonial era is significant in terms of the organization’s hierarchy, and jurisdiction of the courts.
The study assumes that the foundation on which the current judicial system has been evolved is exclusive in its nature. "This exclusive nature of judiciary cannot become inclusive until the philosophy of the current economic system is brought in line with the ground realities," it says. The study proclaims that the philosophy of current system protects the interest of rich and wealthy people.