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The Importance of Greater Access To Justice | Jayshree Satpute | TEDxAshokaUniversity


in my personal journey I felt life

taemin taemin again forces you to

navigate through your personal

ideological goals and that you choose to

achieve them I had experienced weakness

and lack of power early on in my life

hence I wanted to be powerful strong and

successful let me explain

while growing up my father used to tell

me stories of him going to swim in a

village River that made me want to learn

how to swim I started going to an

hour-long class right after school while

I loved to swim I was weary of the coach

I had seen him act inappropriately

before he would make comments at a

swimsuit and make passes at us but this

was something which was really not

talked about he had tried to grab me a

few times but I managed to escape one

day when he decided to come inside the

pool to teach us new techniques

I saw him touch inappropriately a girl

in our class I saw it but I did not know

what to do all I could get myself to do

that day was sit next to her quietly to

comfort her there was really no space

within the community or in my family to

talk to talk about these issues so even

if it bothered me a lot I kept it to

myself and somehow keeping it to myself

made me feel like it never happened

I made it easier to move on or so that I

thought a few years later the memory

came back to haunt me at a mass tuition

class it was raining that day has very

few students

showed up for the class teacher gave us

few problems to solve

being an enthusiastic student I finished

it first and as I turned around I saw

teacher standing to a neck a girl in my

class he must have thought nobody was

looking and he grabbed her breasts I was

right there but again I did not know

what to do I thought to myself should I

get up and scream should I get up and

leave or should I just look the other

way I decided to look the other way

while somebody was being abused in my

presence I went home that day with my

head hanging down and all I could think

about is how unjust unfair this world

was I had to share this with someone

hoping that it would make even a small

difference I told it to my mother but

she simply brush it under the rug in

defiance I stopped going to the maths

class and I had to promise myself that

never ever again I will get caught up in

dilemmas whether to act or not in

situations which warranted action I had

to become strong powerful to ensure that

I stand up for justice these instances

of abuse eventually faded in my memory

but they did leave a scar and I can say

it with certainty that almost all of us

have had such experiences the gravity

may differ but all of us have been made

to confront our dilemmas maybe you had

come across someone lying on the street

after an accident and while you are

driving past them you thought to

yourself maybe I should stop maybe to

satisfy the dilemma you thought that Oh

someone will someone else will stop to

help we are not only quick to brush

aside the feeling of failure to other

human being but we come up with clever

arguments to justify our

who would have dealt with the police who

would have gone to court to testify oh I

was already running late instances like

this warrant at least a reflection if

not reaction these are genuine concerns

but they are defining moments in our

making and we have to ask ourselves a

question as to how long can we afford to

be indifferent while the world falls

apart in front of our eyes while I was

grappling with this life questions and

ignored maps

I failed my exams not once not twice but

three times while I’d failed my family’s

expectations the thought of failing my

own expectations again made it

unbearable

what chance was there for me becoming

anything anyone let alone strong

powerful and successful little did I

know there was an opportunity in this

failure too now that the expectations

were all-time low from me I was free to

decide for myself I could have become a

mountaineer seeker healer traveler but

of all thing I decided to become a human

rights lawyer I know being a lawyer

might sound mundane but if you think of

it law is a very powerful tool in the

democracy and a lawyer is a powerful

medium through which justice is ensured

to be delivered and a compassionate

lawyer can be instrumental to bring

about positive change not only inside

but outside the courtrooms with the

lowest resistance court can uphold

rights of hundreds of people and hold

abuses to accountability if you think of

it Court has made several interventions

of behalf of citizens of this country

right to safe motherhood right to

livelihood right to food right to

privacy

to give you an example in 2009 26

families from indigenous communities

were illegally evicted by the government

these families were staying in Central

Delhi for about 70 years with utter

disregard to human life these families

were evicted to build an underpass

between two sports stadiums just so that

the athletes could move conveniently a

woman who used to drive past the slums

every day to drop her kids to school

notice people being evicted and she

decided to do something she contacted us

and I along with my colleagues filed a

petition before the Delhi High Court in

a landmark decision the Delhi High Court

recognized my clients right to housing

the court directed the government to

provide meaningful rehabilitation to the

Ewa Keys within four months meaningful

rehabilitation would mean that the

communities is not pushed to the edges

of the city and left to fend for

themselves but to have the conversation

with them this decision not only helped

lawyers across India to stop number of

other illegal evictions but was also

noted in number of national and

international journals I could say

proudly that this was the case I worked

on but six months later I came across

decline from the same case begging on

the street

and that field felt my heart with sense

of failure as the most celebrated

decision on the housing rights was

reduced to mayor and intellectual

victory there are several such instances

where the court decisions have failed to

trickle down to people

and has failed to become reality

yes law is powerful and lawyers hold the

key to that power because they know how

to interpret simplify and apply the law

but when we fail to transfer that power

that knowledge to people the very system

built to protect and safeguard rights of

the people becomes exploitative codes

are often inaccessible to people who

need this protection the most people

find its grandeur structure at least

language complicated procedure and death

of empathy unnerving even in spite of

all all the people get a favorable

decision its non-implementation Vicks

become the entire process futile in

spite of being a largest democracy why

are we failing to protect marginalized

and vulnerable why are we further

victimizing the victims and why are our

biases against minority becoming even

more stronger I found myself grappling

with these fundamental questions again

but one thing I knew that the top-down

approach I was using was not working was

not working for me was not working for

my clients and I realized it was because

that people do not possess the agency to

put these decisions to use these

victories to use and I found this as a

major gap in my work and a roadblock in

access to delivering of justice I knew

something that I wanted to be the medium

through which the information flows and

not be a barrier sure it was going to be

difficult but when I met two inspiring

women who were also facing similar die

in their work the journey became little

easier we realized that the meaningful

meaningful sustainable change could only

come about from ground up that would

mean sharing information with

communities on their rights and

entitlements and sharing the knowledge

to hold government accountable for

failure in delivering those based on

this premised in 2013 we co-founded nas

D and we have successfully fused

grassroots legal education monitoring

and advocacy to bring access to justice

closer to marginalize in there in Assam

Assam estate which ensure that we have a

cup of chai is also state where tea

plantation workers are living in abject

poverty it’s also the state where most

women die during childbirth due to

anemia and lack of services with the

vision to bring about change we had

decided to Train women living in this

context to share the knowledge of laws

and entitlements which which government

is supposed to provide them and the

knowledge to hold them accountable I had

seen empowerment in action in during one

of our trainings we had shared a phone

number and the women who we were

training had used that number and the

rights based language to file several

complaints on the issues which they were

grappling with seeing the positive

outcome they decided to share this

number with hundreds of people

annotation workers and knowledge how to

file complaints for better delivery of

services within their community it

amazed me to see how

the sharing of one phone number and to

fuse it with rights language gave this

largely illiterate and disappeared

community and Avenue to demand demand

accountability experiences like this

made me realize how important for

skilled professional is to work from the

bottom up how important it is for

lawyers doctors ingenious architect

researchers to contribute in work from

bottom up but I have seen this happen

very rarely and that got me thinking why

why was it like that maybe our families

our society and even our education

system has over the time narrowed the

scope of word success before we know it

we are pushed into lucrative spaces we

like it or not and we get caught up in

in the rut of it and we forget to pause

to think to question to give you an

example Law School’s

requires their first-year interns to go

and work with NGOs and as they mature in

their thinking in their studies their

options trickle down to intern with the

corporate firms legal aid clinics are

either non-existent or defunct in most

of this Institute’s why is the option of

working on the social justice issues is

been systematically taken away why are

the students given an illusion of choice

at the critical stages of this career

and when did this shift in our thinking

happen and big that shift happen

naturally or we have been fed day in and

we need to reclaim the space we need to

reclaim the space

to define success for ourselves and not

being bullied by the rhetoric which has

been fed to us our entire lives I’m here

to put that option back of working with

people on the table as that matters the

most I wanted to be successful powerful

and strong but meaning of these words

have changed for me over the time power

do not mean to me to have several people

at my back in my call but it means to

stand up with them at the time of the

need strength do not mean that I

monopolize knowledge but it means to

share and to build collaborations and

success means to be able to give back to

contribute in building ground up

empowerment I did not do anything which

was conventionally considered successful

but I find myself happy strong and

powerful and I wonder how would you

define success for yourself and how consciously would you do that

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