Mumbai: At the Mumbai region’s smaller courts, where ordinary citizens go to resolve disputes, seek justice, or answer to the law, the government’s decision to ban high denomination notes has hurt the lower rungs of the system.
The courts require a lot of paperwork. Forms must be bought and filled out, stamp paper must be bought, affidavits must be typed out in prescribed formats, documents must be notarised to make them legal. This means multiple small payments to the courts themselves, and to the clusters of support service providers that tend to flourish near them. These payments are not large, and they have usually been made in cash. Demonetisation has meant inconvenience at best, and genuine hardship for many.
The High Court has ordered the lower courts to not accept any payments in the now-banned notes. “Work is going smoothly and we are not facing difficulties,” says S.P. Patange, Registrar, City Civil Court. “Although we are not accepting old currency notes, we do [accept payments] through e-payment.” She said that those who were unable to get hold of the new notes were using e-payments or simply postponing their work.
A clerk at the family court said that traffic was lower, “but we can still manage the payments somehow. There is not much decrease in the number of clients, but the payment has become an issue”.
An advocate at the Metropolitan Magistrate’s court, Borivali, explains, “Generally the amount of fine is Rs. 5,000 or around that. While paying in cash, Rs. 4,000 can be paid in new 2,000-rupee notes, but the rest of the amount is where the difficulty arises. Clients do not pay us on time and consequently, we are unable to deposit the same with the court.”
“Business is affected since November 9,” says the owner of Lucky Xerox, near the Civil Court. “The major mode of payment is cash and people do not have enough to make the necessary payment. The invoice is generally for a minimal amount, and even if it is for a higher one, to get change for Rs. 2,000 becomes difficult.”
The owner of Simla Stationery, near the Sessions Court, Kala Ghoda, says while there was still a lot of business, “if there were 100 clients before the notification, it has come down to 70”. He has even been turning away regular customers. “To get the notary done, and for the stamps, the amount has to be paid in cash. If they do not have cash, we do not provide them with the service.”
Stamp paper, which carries images of the old Rs. 500 note (and higher denominations), has not been affected, vendors say with an air of relief. “But we are providing these only when paid for in the new currency,” a government-authorised stamp vendor in the Kala Ghoda area, who asked not be named, said.
“It is a good initiative and we are supportive of this, but the price we are paying is too high,” says Pooja Ghorpade, an advocate. “There are several problems associated with the payment and collection of fees. The payment may be done in cheques, but that too is a tedious process as we do not have much time to deposit them. And at times, a cheque may bounce.”
A criminal advocate, who asked not to be named, said, “The payment of surety is also difficult, and clients have to spend more time than required behind bars.” The number of clients approaching the lawyers remained unaffected, she said, “but the money is not.”
Crime carries on, in other words, but the legal system is struggling to cope.
The writer is an intern at The Hindu
