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
- 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