2
Prose
Litigant Voices
Ayushi Singhal
Earlier this year, sitting outside courtrooms across the country, I spoke to a few litigants (parties in a court case) to understand their court experience. In these two stories, I share with you a part of what they told me. And a part of what I felt. And, as you slowly read through, maybe you’ll feel it too.
Each litigant’s story is followed by a possible response to the situation in the story. You may come back to these stories to listen to these litigants and borrow from these responses as often as you want. Especially, when in doubt.
Hope these stories act as a talisman for you.
"The First Time Litigant"
It is the first day of my life in court. The first question the judge asked me was whether I had signed the cheque and whether the amount on the cheque was accurate. I was under quite a lot of stress. Who really wants to be in a court, that too in a different city? You won’t believe what I did, I said “yes”.
The truth is, I had issued a blank cheque as a security deposit. The amount I owe is actually much smaller. Obviously the cheque bounced. My lawyer now tells me I can’t change my stance before the court. But isn’t the judge human too - I think he will understand. Can I share this with the court if my lawyer doesn’t agree with me?
*
The litigant is right. I will understand. I am wondering how I will know his situation though? I can ensure I wear my sensing hat - not only hear but also see what the parties are saying. If I sense something, I reflect. If I am wrong, I admit. If I accept my mistakes freely, change my mind when needed, perhaps the word will spread.
- Judge V
"The (Non-) Litigant"
My employer told the police that I was involved in a motor accident. I had no option but to admit that I was. It would be stupid for me to think that the police would believe me over my employer. If I tell them that the accident never happened, they will beat me like a rented mule.
I wasn’t actually involved in the accident. My employer called me and said that an accident had occurred, and that the police will call me to confirm. He also shared the contact details of a lawyer. The employer’s lawyer.
The employer is not helping me with the lawyer’s fee.Why would he? I am the one against whom the case has been filed.
The case continues. I continue to appear in the case. I follow what the employer says.
I know that the world believes the employer. I know that there is no way anyone will believe me over the employer. No one has shown me otherwise.
*
Power imbalance is a given in any employer-employee relationship. I make it visible. I don’t know the truth; I can actively sense potential power imbalances though. I speak with the employee from a place of empathy and understanding. I tell him I am listening.
If I show respect and treat him with dignity, the lawyers start to show respect, the court staff starts to show respect. The litigant starts to trust me. I then trust that things will work out as they should.
- Judge K