Sunday, May 18, 2025

Courts Must Consider the ‘Invisible’ Victims Impacted by Legal Decisions: Justice Surya Kant

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Supreme Court judge Justice Surya Kant stressed the need for judicial sensitivity towards those who remain unseen in courtrooms but are deeply affected by its outcomes

Supreme Court judge Justice Surya Kant emphasised the urgent need for the legal system to acknowledge and protect the rights of individuals who remain invisible in courtrooms but are significantly impacted by legal decisions.

In an address during the 250th Friday Group meeting, Supreme Court judge Justice Surya Kant spoke on the theme “Invisible Victims in the Legal System: The Need for Sensitivity and Compassionate Adjudication.” He highlighted how courts must move beyond the binary of petitioners and respondents to account for the broader social impact of judicial rulings.

“When a matter comes before the court, isn’t it our duty to ensure that even those indirectly impacted are not left out of the justice narrative?” Justice Kant asked, calling for greater sensitivity from both the Bar and the Bench. He referred to India’s varied socio-economic and cultural fabric and underlined the need for a more inclusive judicial outlook.

Citing his early days as a judge in the Punjab and Haryana High Court, he recounted a civil dispute involving four minor girls aged between 2 and 11, who filed a case against their father—imprisoned for their mother’s murder. The father had attempted to disinherit them by executing a power of attorney, which led to a property sale to a third party. The court intervened, registered an FIR, and even witnessed the purchasers voluntarily donating money for the children’s welfare.

“That case haunted me at night,” he admitted, “because I kept thinking—what if I had only focused on the procedural aspects and overlooked the real impact on those girls?”

Justice Kant also placed victims of gender-based violence, undertrial prisoners’ families, persons with disabilities, and migrant workers in the category of “invisible victims” often ignored by the justice system.

In his keynote, Justice P.S. Narasimha encouraged legal professionals to adopt a mindset of ‘continuous education’. He praised the Friday Group’s efforts in fostering open legal discussions and likened the process of learning to an old parable where a disciple must empty his cup to receive more wisdom. “Only an open mind can absorb fresh insights,” he said.Supreme Court judge Justice Surya Kant emphasised the urgent need for the legal system to acknowledge and protect the rights of individuals who remain invisible in courtrooms but are significantly impacted by legal decisions.

In an address during the 250th Friday Group meeting, Supreme Court judge Justice Surya Kant spoke on the theme “Invisible Victims in the Legal System: The Need for Sensitivity and Compassionate Adjudication.” He highlighted how courts must move beyond the binary of petitioners and respondents to account for the broader social impact of judicial rulings.

“When a matter comes before the court, isn’t it our duty to ensure that even those indirectly impacted are not left out of the justice narrative?” Justice Kant asked, calling for greater sensitivity from both the Bar and the Bench. He referred to India’s varied socio-economic and cultural fabric and underlined the need for a more inclusive judicial outlook.

Citing his early days as a judge in the Punjab and Haryana High Court, he recounted a civil dispute involving four minor girls aged between 2 and 11, who filed a case against their father—imprisoned for their mother’s murder. The father had attempted to disinherit them by executing a power of attorney, which led to a property sale to a third party. The court intervened, registered an FIR, and even witnessed the purchasers voluntarily donating money for the children’s welfare.

“That case haunted me at night,” he admitted, “because I kept thinking—what if I had only focused on the procedural aspects and overlooked the real impact on those girls?”

Justice Kant also placed victims of gender-based violence, undertrial prisoners’ families, persons with disabilities, and migrant workers in the category of “invisible victims” often ignored by the justice system.

In his keynote, Justice P.S. Narasimha encouraged legal professionals to adopt a mindset of ‘continuous education’. He praised the Friday Group’s efforts in fostering open legal discussions and likened the process of learning to an old parable where a disciple must empty his cup to receive more wisdom. “Only an open mind can absorb fresh insights,” he said.

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