The Invisible Gaps in Justice
Justice is traditionally pictured as a blindfolded man holding scales – fair, impartial, and equal for everyone. Laws are written with lofty intentions, proclaiming protection and equality for all. Behind the idealistic vision lies a harsh reality: justice on paper is not always justice in reality. In the world today, millions of individuals fall in the “invisible gaps” of the legal system – areas where rights do not exist yet remain inaccessible.
Justice on Paper and Justice in Reality
Constitutions and legislation speak of equality under the law, but reality is not so. Refugees might be said to have the right of claiming asylum, yet encounter perpetual bureaucracy and unhelpful policies. Women might be said to be safeguarded by legislation against harassment,
Yet cultural silences and weak implementation deny them genuine protection. Children might be said to be promised education and protection, yet child labor and child abuse remain in operation, hidden.
These inconsistencies lay bare the gap between promise and performance. Justice, so oftentimes, becomes a privilege for the powerful and not a safeguard for the powerless.
Who Gets Through the Cracks?
The unobserved gaps are not mistakes – far too often they correspond to society’s most glaring inequities.The poor have no money to hire attorneys and find themselves without a voice against more affluent opponents.
The excluded minorities, refugees, persons with disabilities cannot access systems that were never designed for them.
The silenced battered women or politicized peasants find stigma, fear, and reprisal when they attempt to seek justice.
Their cases rarely enter courtrooms, and when they do, are too often dismissed or delayed until justice itself is quaint.
The Cost of Delay and Denial
There’s an adage: “Justice delayed is justice denied.”
And, in the majority of nations, court cases take decades. A land dispute can outlive the claimant. A wrongful arrest can ruin a person’s life before an eventual acquittal. When the justice system is slow- moving, underfunded, or discredited, it no longer acts as a protector but as another cause of harm.
Bridging the Gaps: What Can Be Done?
It is more than a question of bettering the law, but making the laws lived realities. The following are some of the key changes that can bridge these invisible gaps:
Access to Justice for All
Access to justice needs to be made more accessible by legal aid, pro bono service, and community legal education.A right one cannot assert is no right at all.
Stronger Enforcement and Accountability
Anti-corruption, anti-discrimination, and anti-abuse legislation must not be tokenism. Their enforcement
requires independent institutions, transparent observation,and leadership bravery.
Human-Centered Justice
Courts of law have to transcend mechanical processes to prioritize dignity, rehabilitation, and genuine safeguarding. Restorative justice, victim support, and trauma-informed care are obligatory.
Voices from the Margins
True justice cannot be designed in an isolated vacuum.The silenced voices – refugees, children, minorities, women—must be included in the decision-making realm when it comes to law- and policy-making.
Justice as a Living Promise
Justice is not static; it is a living promise that must be renewed every day. Laws alone cannotguarantee fairness. It takes empathy, responsibility, and collective will to guarantee no one gets lost in the legal gaze.
The fate of justice depends on how courageously we bridge these gaps. Do we accept a system where the vulnerable remain invisible, or do we strive for one where all voices are heard?
Justice is not blind when it turns a blind eye to the invisible. It becomes just only when it is able to see the unseen and protect the unprotected.
Written By: –
Rithika Kodithuwakku
Faculty of Management and Finance ,
University of Colombo
Design By: –
Rtr. Kawindra Wickramasinghe
(Junior Blog Team Member 2025-26)
