Justice means providing every person with the rights they deserve. It is related to the principles of ensuring rights, fairness, equality and compliance with the law.

The concept of justice is as old as human civilization, and no society can be imagined without it. The meaning of justice is also related to the proper and effective implementation of laws related to justice. If the laws and institutions that provide justice are being implemented properly, then that society can be called a just society.

Achieving justice in a society is possible only through the correct interpretation of the law and its effective compliance.

The concept of justice is also enshrined in the preamble of the Constitution of Nepal. Which ensures equality, social, economic and political justice. The Constitution seems to define three types of justice as social, economic and political.

Social justice envisions a society free from all welfare, equal opportunities and discrimination. Economic justice ensures economic opportunities and equality. Political justice emphasizes political impartiality and equal application of the law.

Empathy is the ability to understand the feelings of other people and feel those feelings within oneself. In the justice system, empathy means that the judge or the relevant legal officer decides the case by understanding the victim, the accused and the situation of the society. This calls for justice to consider not only the legal facts but also the human aspects, social background and personal circumstances.

Former US President Barack Obama said in the context of appointing Supreme Court judges, ‘Justice is not just an abstract legal principle or a commentary on a case book, it must also understand the impact of the law on people’s daily lives. Such a judge must have empathy, where the ability to understand people’s hopes and struggles and connect with them is an essential element in reaching a just decision and outcome.’

The relationship between empathy, morality and justice is very complex. Although empathy is very important in social relationships, it can sometimes lead to results that are contrary to fairness and overall well-being and justice. Therefore, although justice cannot be considered the sole basis, using both empathy and reason in combination is the most appropriate and appropriate way for human justice and well-being.

In the context of Nepal, according to the Nepal Demographic and Health Survey 2022, 58 percent of women who are victims of physical and sexual violence do not seek help anywhere, nor do they tell anyone. Where it may seem, there may be a vacuum in the law. That is not the case and we have the Constitution of Nepal, the Domestic Violence (Offences and Punishments) Act, 2066 and the Witchcraft (Offences and Punishments) Act, 2072 as well as special laws and the Civil Procedure Code 2074 as general laws.

Looking at the picture of justice for children, there was no idea of ​​any special law for children before 1992. After ratifying the Convention on the Rights of the Child, 1989 on January 26, 1990 and becoming a party, we have the Children's Act, 2054 and now 2075. In accordance with Section 37 of which, and despite the Supreme Court's directive to hear and decide cases related to children continuously within 120 days in the case of Kalinchowk 120 vs. Dolakha District Court and Advocate Pushparaj Poudel vs. Sindhuli District Court, it seems that the psychosocial and psychological impact on children is being felt as they cannot be decided.

Section 30 of the same Act has made provision for a juvenile bench, but so far, cases are being heard in regular benches rather than juvenile benches in some district courts, and there are complications in the use of language that the accused understands, and there is a lack of implementation of the law.

These incidents are unfortunate representative incidents of the lack of implementation of the law and practice in the context of our Nepal. Many such problems are seen. In Nepal, it is very difficult for the poor, Dalits, sexual and gender minority communities and citizens of remote areas to reach the courts. Such remoteness deprives them of access to justice, which shows the failure of the justice system.
Similarly, currently, the backlog of cases in our judiciary leads to delays in justice.

For the fiscal year 2082/83, 24,139 cases are pending in the Supreme Court. Similarly, there are 21,759 pending cases in the High Court and 1,1275 pending cases in the District Courts. Which makes us feel that our justice system and justice are stuck in a traffic jam. Our judiciary does not seem to have been able to overcome the issues that are frequently associated with the justice system in Nepal, such as procedural complexity, delay, corruption, political interference, and appointments based on quotas rather than merit.

Some measures of reform can be adopted to ensure that the people feel justice through our justice system. Through the concept of community justice, traditional reconciliation can be made more aware and local level conflicts can be resolved there. Similarly, free and effective legal aid facilities should be provided to the indigent.

Making the appointment, promotion and transfer of judges based on merit and transparency, ending the culture of middlemen, increasing investigation and 'forensic' capacity, updating the law, ensuring that people are not deprived of justice due to lack of resources, making the target group aware of their rights and active, and setting affordable fees, etc. can be solutions.

Finally, the justice system is the soul of society and justice is the blood circulation of the people. The state should create a comfortable and special environment for justice for individuals, classes or communities. Because the concept of a welfare state is that all citizens are equal before the law and no citizen should be deprived of equal protection of the law.