Policy and Law > Going to court

Starting a court case in India is a tiring and time-consuming business. But it can be less tiresome if you get the basics right. Here, a lawyer gives some tips on how to prepare your files.

The legal and judicial system frightens most people in India. If non-disabled people wince at the words ‘court case’, what would be the reaction of someone who has to contend with disability and indifference; someone who is marginalised and discriminated against? Filing a court case is doubly intimidating for such persons.

It need not be such a nightmare if you get the basics right.

• Make all complaints in written form.
• Photocopy every paper, every document that you write, mail or send to people.
• Whenever you submit a document to somebody, get a ‘Received’ stamped on the photostat copy.
• File the photocopies of the originals in chronological order.
• File the photocopies, with ‘Received’ stamped on them, again in chronological order – in a file separate from the photocopies of the originals. This will help if you ever lose any document.
• Keep your eyes and ears open for cases related to your case. If you hear of similar cases, note them down; if you come across news clippings; file them (and put a photocopy in the relevant file); if you know somebody who has gone through a similar experience or filed a similar case, talk to them. Refer them to your lawyer.
• If dealing with the government, try to get hold of any public circulars, notifications or written regulations which could strengthen your case. File them and their photocopies separately.
• If a government department is not giving you the documents or information you need, apply under the Right To Information (R.T.I.) Act. This may take about a month to bear results.
• If your case is employment-related, gather all the rules of conduct, hiring/firing regulations, employment codes, etc, of the organisation you are appealing against.
• Do whatever research you can humanly do.