LEGAL AID IN INDIA AND THE JUDICIAL CONTRIBUTION
ABSTRACT
"The principle of pursuing justice cannot be linked with the worth of cash," Justice Blackmun correctly stated. Money has no bearing on the pursuit of justice." In order to obtain justice, one must spend a large sum of money. Legal aid for poor and weak is necessary in order to preserve rule of law. Justice delivery system must be available to each and every individual of the society despite being poor or rich. In order to serve the poor, Judiciary has taken active interest in giving legal assistance to the needy. There are many reforms through which the Judiciary aims to provide cheap and speedy justice like Lok Adalat System, Public Interest Litigation (PIL), etc. It is indispensable that court must safeguard the Constitution and Fundamental Rights of citizens irrespective of their financial conditions. The state has a responsibility to provide free legal help to the underprivileged.
Keywords: Legal Aid, Constitution, Justice, Judiciary
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THE CONCEPT OF LEGAL AID
Legal Aid refers to the provision of free legal services to the poor and needy who cannot afford to hire a lawyer to represent them in a lawsuit or legal process in any court, tribunal, or before a specialist. Legal Aid is an approach used to guarantee that no one is denied competent advice and assistance due to a lack of funding.
According to Justice P.N. Bhagwati, “The legal aid means providing an arrangement in the society so that the missionary of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcement of its given to them by law, the poor and illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of their obtaining justice from the courts. Legal aid should be available to the poor and illiterate, who don't have access to courts. One need not be a litigant to seek aid by means of legal aid.”[1]
Constitution of India makes it compulsory for the State to assure correspondence under the observant eye of the law and a legalized framework which spreads equality on the foundation of equal chance to everyone.[2]
According to “Cambridge Advanced Learners Dictionary”, Legal Aid means a system of providing free advice about the law and practical help with legal matters for people who are too poor to pay for it.[3] In the traditional sense, legal aid is understood as financial assistance to a person who wishes to assert or defend his rights in a court of law and who would not be able to do so without such assistance in view of his financial means.[4]
A wide definition of "Legal Aid" is essentially a legal support and social system for providing aid or assistance to the weaker members and enabling them to assert their legal rights through legal process.
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OBJECTIVES
1.????To provide legal representation to the weak and marginalized sections of the society in whatever manner required across the country.
2.????To provide free legal aid in all the courts of the country, right from the?lowest court to the apex court.
3.????To advance the state of human rights in the country by undertaking Public Interest Litigation.
4.????To conduct various legal awareness programs like lectures, seminars, and?workshops to impart knowledge among the society about their rights.
5.????To impart knowledge about various welfare schemes introduced by the?government.
6.????To undertake sensitization and skill enhancement programs for lawyers.
7.????To conduct surveys or research-based programs.
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ROLE OF JUDICIARY
Constitutional Provisions:
a)????Hussainara Khatoon V. State of Bihar: The petitioner drew to the Supreme Court's attention the fact that majority of the under trials had already received significantly worse penalty than they would have received if they had been convicted immediately. The delay was created by the individuals involver’s inability to retain legal counsel to defend them in court, and the primary reason for their incapacity was their poverty. Thus, the court said in this instance that Article 39-A stressed that free legal services were an inherent component of "reasonable, fair, and just procedure," and that the right to free legal services was implicit in the promise under Article 21.[5]
b)???Khatri V. State of Bihar: The court held that the state is required by the Constitution to provide such assistance not only during the course of the trial, but also when the accused is first brought before the magistrate or remanded from time to time, and that such a right cannot be denied based on financial constraints, administrative inability, or the fact that the accused did not request it. The accused must be informed of their rights by Magistrates and Sessions Judges. The right to free legal services is an essential component of a reasonable, fair, and just procedure for a person accused of an offence and it must be regarded as implicit in Article 21 with the State having a constitutional obligation to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so demand. The State cannot escape this obligation by claiming financial or administrative inability, or by claiming that none of the aggrieved prisoners requested legal assistance.[6]
c)????Suk Das V. Union Territory of Arunachal Pradesh: Justice P.N. Bhagwati emphasised the importance of raising legitimate awareness among the poor, as they have no idea about their rights, making free legal guidance all the more appropriate. He also noted that in India, a large portion of the population living in provincial zones is uneducated and unaware of the rights granted to them by law. Even educated people are unaware of their legal rights and responsibilities. They are not approaching an attorney for consultation and advice because of this lack of legitimate awareness. Furthermore, due to their ignorance and lack of education, they will never be able to become self-sufficient or even help themselves. As a result, the advancement of legitimate proficiency has consistently been recognised as one of the primary objectives of the country's legal guide movement's programme.[7]
Statutory Provisions:
d)???Section 304, Code of Criminal Procedure 1973: “This section states that if an accused cannot afford to hire a pleader or advocate to defend him or herself in a trial before the Court of Session, and if the Court believes the accused is not in a position to hire a pleader, it is the Court's duty to appoint an advocate or a pleader for the accused's defence, with the State bearing the costs”.[8]
e)????Rule 9-A, Code of Civil Procedure 1908: The Civil Procedure Code, 1908 provides Order XXXIII, which states that when an Indigent person files a suit, he is not required to pay the Court fee, and if he needs a pleader, the Court will appoint one. The same benefit is available to the defendant, even if he is impoverished.[9]
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VARIOUS BODIES
?????I.????????The National Legal Services Authority is the top authority charged with establishing strategies and standards for making legal services accessible under the Act's provisions, as well as drafting the finest and most cost-effective legal administrations programmes.[10]
???II.????????In each state, a State Legal Services Authority is established to carry out the arrangements and directives of the National Legal Services Authority (NALSA), as well as to provide legal administrations to the general public and to lead Lok Adalats in the state. The Patron-in-Chief of the State Legal Services Authority is the Chief Justice of the State High Court. The Executive Chairman is a High Court Judge who is currently sitting or has resigned.
?III.????????Each District establishes a Local Legal Services Authority to implement Legal Aid Programs and Schemes. Its ex-officio Chairman is the district's District Judge.
?IV.????????Taluk Legal Services Committees are established for every mandal or for a group of Taluks in order to organise the administration of legal services in the Taluk and to form Lok Adalats.[11] Each Taluk Legal Services Committee is led by an ex-officio Chairman who is a senior Civil Judge who works within the Committee's jurisdiction.[12]
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SUGGESTIONS
1.????There is a lack of legal education and awareness because poor and illiterate people are mostly not aware of their basic legal rights guaranteed by the Constitution of India. People are not familiar with Lok Adalats, Legal Aid, etc. Involving NGOs to impart awareness would be a feasible option.
2.????Lawyers prefer proper fee for their services and also, most of them are not even interested for active participation in social work. Thus, there must be improved remuneration to the lawyers by courts or the government for defending the accused.
3.????The state must provide appropriate funding to the authorities because no one should be denied legal counsel due to a lack of cash.
4.????When providing legal aid, all levels of legal aid institutions should adopt suitable ADR procedures to speed up the process of reaching a settlement between the parties to the case so that the matter may be resolved without further appeal.
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CONCLUSION
The state is required to provide legal assistance in order to protect the rights of its citizens. The primary objective of state must be equal justice for all despite being poor or illiterate. The principle of Rule of Law is impossible without protecting the rights of weaker sections of the society. The right to legal counsel, known as "Audi Alteram Partem" should be available to everybody. In our justice system, no one can be punished without being given a fair chance of defending himself/herself and if vice versa happens then it will be unconstitutional.
REFERENCES
[1] Speaking through the Legal Aid Committee formed in 1971 by the State of Gujarat on Legal Aid with its Chairman, Justice P.N. Bhagwati along with its members
[2] Articles 14 and 22(1) of the Indian Constitution
[3] Available at: https://dictionary.cambridge.org/dictionary/english/legal-aid (Last Visited on June 3, 2022)
[4] Narain, Jagat, “Legal Aid- Litigational or Educational: An Indian Experiment,” 25 Journal of the Indian Law Institution, (1983)
[5] Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 98
[6] Khatri v. State of Bihar, AIR 1981 SC 262
[7] AIR 1986 SC 991
[8] Section 304, Code of Criminal Procedure 1973 https://legislative.gov.in/sites/default/files/A1974-02.pdf
[9] Rule 9 A, CPC 1908 https://legislative.gov.in/sites/default/files/A1908-05.pdf
[10] available at: https://nalsa.gov.in/about-us (Last Visited on June 5, 2022).