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“It is, therefore, respectfully submitted that ‘social context
judging’ is essentially the application of equality jurisprudence as
evolved by Parliament and the Supreme Court in myriad situations
presented before courts where unequal parties are pitted in adversarial
proceedings and where courts are called upon to dispense equal
justice. Apart from the social-economic inequalities accentuating the
disabilities of the poor in an unequal fight, the adversarial process
itself operates to the disadvantage of the weaker party. In such a
situation, the Judge has to be not only sensitive to the inequalities of
parties involved but also positively inclined to the weaker party if the
imbalance were not to result in miscarriage of justice. This result is
achieved by what we call social context judging or social justice
adjudication.” [ Keynote address on “Legal Education in Social
Context” delivered at National Law University, Jodhpur on October
12, 2005, available on
http://web.archive.org/web/20061210031743/http:/www.nlujodhpur.ac
.in/ceireports.htm [last visited on 25-12-2013]]