Lawyers, judges must ensure legal system is accessible to every citizen: CJI Gavai
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New Delhi (PTI): Chief Justice of India B R Gavai on Saturday said lawyers and judges have a responsibility of strengthening the justice system and they must ensure that the legal discourse does not remain confined to metropolises, but is accessible to even those living in the country's remotest corners.
Speaking at the LAWASIA Conference at Hanoi in Vietnam on the topic of "Role of Lawyers and Courts in Promoting Diversity and Inclusion", the CJI said it is crucial that the principles judges articulate in their judgments are reflected in the administrative policies of the court.
"I can share that when I assumed office as the chief justice of India in May, one of my top priorities was to ensure that affirmative action in the recruitment of administrative positions within the court was implemented not just in letter, but in spirit. I directed that marginalised communities receive their due share in all administrative appointments and that these policies be applied consistently and transparently," Justice Gavai said.
He said the dream of equality, nurtured by Gautam Buddha, Mahatma Gandhi and B R Ambedkar, was enshrined in the Constitution of India in 1950 and it turned the tide of destiny for millions who were historically marginalised and denied their basic rights.
"For me, born into a low-caste family, it meant that I was not born untouchable. The Constitution recognised my dignity as equal to that of every other citizen, offering not just protection, but the promise of opportunity, freedom and social recognition," he said.
The CJI said lawyers should not be reluctant in hiring women because of assumptions about maternity leave, time constraints or perceived "commitment issues".
"Such biases are unfair and counterproductive. Lawyers have a duty to ensure that the principles they advocate in court and in public life are reflected in their own workplaces and professional conduct," he said.
Referring to various Supreme Court verdicts, including the permanent commission judgment, where women officers were allowed permanent commission in defence forces, Justice Gavai said the judiciary has played a crucial role in ensuring that the law protects and promotes equality, rather than perpetuating historical disadvantages.
"I also believe that lawyers and judges share additional common goals in strengthening the justice system. We must ensure that the legal system and legal discourse do not remain confined to metropolitan cities, but are accessible to every citizen, even those living in the remotest corners of the country.
"Inclusion is achieved only when the common person can understand, relate to and feel connected with the legal processes, the exchanges between a lawyer and a judge, the judgments delivered and the mechanisms of justice itself," he said.
The CJI said in his role as the executive chairperson of the National Legal Services Authority (NALSA), which is mandated to ensure that no one is left without legal aid, he made it a priority to direct his team to reach the farthest and most underserved regions of the country.
"The goal was clear -- no individual should be deprived of their legal rights and every person must have access to necessary legal representation, guidance and support," he said at the conference of LAWASIA, which is headed by senior advocate Shyam Divan.
Justice Gavai said lawyers often have a more direct access to the public than judges, as the latter are expected to maintain a degree of aloofness, and this proximity gives lawyers a unique opportunity and responsibility to engage with the society.
"Their role is not confined to only the courtroom. It extends to the broader community, where they can raise awareness about rights, legal processes and the principles of justice. By doing so, lawyers serve as vital bridges between the law and the people, ensuring that justice is not only delivered but also understood, accessible and meaningful to all members of the society," he said.
The CJI noted that it is essential to mentor the next generation, particularly professionals from marginalised communities, and said efforts must be made to identify and support talented individuals who, in the future, may lead the profession.
"Mentorship should not be limited to recruitment alone. It must extend to providing guidance, empathy and sustained support. Many of these professionals enter the workplace carrying the weight of historical exclusion and it is our responsibility, as those with experience and privilege, to ensure that they are given the environment, encouragement and patience necessary to thrive," he said.
Underlining that promoting diversity and inclusion is not just about opening doors, the CJI said it is about walking alongside those who enter through those, nurturing their growth and creating a truly equitable professional space where everyone can succeed.
"Recruiting a person without offering support, guidance or a nurturing environment undermines the very purpose of inclusion," he said, adding that true inclusion requires active effort, commitment and accountability from everyone who benefits from existing privileges.
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Maldivian military diver dead while searching for bodies of four Italian divers
Colombo (AP): A Maldivian military diver died Saturday while searching for the bodies of four Italian divers believed to be deep inside an underwater cave.
The group of five Italian divers is believed to have died while exploring a cave at a depth of about 50 metres in Vaavu Atoll on Thursday, according to Italy's Foreign Ministry. The recreational diving limit in the Maldives is 30 metres.
Maldives Presidential Spokesman Mohammed Hussain Shareef said that Mohamed Mahudhee, a member of the Maldivian National Defence Force, died of underwater decompression sickness after being transferred to a hospital in the capital.
“The death goes to show the difficulty of the mission,” he said.
Earlier, Shareef said the searchers had prepared a plan based on their progress exploring the cave on Friday. Mahudhee was part of the group that briefed Maldives President Mohamed Muizzu on the rescue plan when he visited the search site on Friday.
Rough weather has repeatedly hampered rescue efforts.
The Italian Foreign Minister Antonio Tajani said everything possible would be done to bring the victims home. His ministry stated it was coordinating with Divers Alert Network, a specialist diving organisation, to support recovery operations and the repatriation of the bodies. The cause of the deaths remains under investigation.
The victims have been identified as Monica Montefalcone, an associate professor of ecology at the University of Genoa; her daughter, Giorgia Sommacal; marine biologist Federico Gualtieri; researcher Muriel Oddenino; and diving instructor Gianluca Benedetti, according to the Maldivian government.
Benedetti's body was recovered on Thursday.
Montefalcone and Oddenino were in the Maldives on an official scientific mission to monitor marine environments and study the effects of climate change on tropical biodiversity, the University of Genoa said in a statement Friday. However, the scuba diving activity during which the deadly accident occurred was not part of the planned research and was “undertaken privately,” it said.
The statement also said the two other victims — student Sommacal and recent graduate Gualtieri — were not involved in the scientific mission.
Cave diving is a highly technical and dangerous activity that requires specialised training, equipment and strict safety protocols. Risks increase sharply in environments where divers cannot head straight up and at depth, particularly when conditions are poor.
Experts say it's easy to become disoriented or lost inside caves, particularly as sediment clouds can sharply reduce visibility.
Diving at 50 metres also exceeds the maximum depth recommended for recreational divers by most major established scuba certifying agencies, with depths beyond 40 metres considered technical diving and requiring specialised training and equipment.
Shareef said Benedetti's body was found near the mouth of the cave and authorities believed the remaining four had entered the cave.
Two Italians, a deep-sea rescue expert and a cave diving expert, are expected to join the recovery effort, Shareef said.
Italian officials said that around 20 other Italians on the same expedition aboard the vessel “Duke of York” were safe. Italy's embassy in Colombo was providing assistance to those onboard and had contacted the Red Crescent, which offered to deploy volunteers to help provide psychological aid.
The Maldives tourism ministry said it has suspended the operating license of the “Duke of York” pending an investigation.
The Italian foreign ministry said the cave is divided into three large chambers connected by narrow passages. Recovery teams explored two of the three chambers on Friday, but the search was limited due to considerations over oxygen and decompression.
On Saturday, they will explore the third chamber, the ministry added.
Italian officials and the honourary consul are in contact with the victims' families to provide assistance.
