Despite the existence of Free Legal Aid, challenges such as inadequate funding, lack of awareness, and bureaucratic hurdles may hinder its effective implementation. However, initiatives are continually being undertaken to address these challenges and ensure that Free Legal Aid reaches those who need it the most, thereby upholding the principles of justice and fairness enshrined in the Indian Constitution.
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What is Free Legal Aid?
Free Legal Aid refers to the provision of legal assistance to individuals who cannot afford legal representation or access to the justice system due to socio-economic barriers. In India, Free Legal Aid is not just a concept but a constitutional mandate enshrined in Article 39A of the Indian Constitution, which directs the state to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Its Significance
In this country, most of the prisoners belong to the lower and illiterate class, so they suffer silent deprivation of liberty caused by the unreasonable, arbitrary and unfair procedures behind the ‘iron bars’ and ‘stone walls. Thus, it becomes essential that these people are made aware of their right to free legal aid.
Since the inception of the Legal Services Authorities Act, a total of 1,58,88,621 have benefited through the Legal services and the advice provided by the State Legal Services Act under Legal Services Authorities as on November 2017. And in the past 1 year, a total of 8,22,856 number of people have been benefited.
Constitutional Provisions for Free Legal Aid
The Constitution encourages the people and the government to work towards the objective of full and equal justice for everyone. It is obvious that fair treatment by the courts is a crucial element in the battle for justice.
- Delivering justice is the entire premise of the judicial system. As a result, the assurance of equal and impartial treatment in court becomes a pillar of the society that the directive principles of state policy foresee.
- Articles 14 and 21 which form part of Fundamental Rights, make it obligatory for the State to ensure equality before the law and a legal system promoting justice based on equal opportunity for all.
What is Article 39-A of the Indian Constitution?
- The right to legal representation goes hand in hand with the right to a fair trial, one of the fundamental human rights. Thus, in the year 1976, Constitution (Forty-second Amendment) Act, 1976 was introduced, which inserted Article 39-A.
- This provision of ‘Directive Principles of State Policy’ directs the State to introduce appropriate legislation and schemes for providing free legal aid.
- The primary objective for introducing such an amendment was to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Bodies existing by virtue of the Act
- National Legal Services Authority has been created to deal with special cases where the life and liberty of a person are endangered by engaging senior and competent lawyers on payment of regular fees.
- State Legal Services Authority has been instituted in every state to implement the directives of the Central Authority, that is, to furnish legal assistance to the general population and organize Lok Adalats in the state.
- District Legal Services Authority and Taluk Legal Services Authority have been instituted to undertake and implement the activities of legal services in district and Taluk respectively.
- SC of India has, in addition, constituted the Supreme Court Legal Services Committee to assure free legal assistance to the indigent and poor.
Eligibility Criteria for Availing Free Legal Aid
At this juncture, it is valid to consider to whom all can avail the benefit of free legal aid. Is it for everyone or a particular section of the society? Obviously, this provision is enacted for the marginalized section of society who cannot afford access to justice.
Section 12 of the Legal Services Authorities Act, 1987 lists the persons who are entitled to free legal aid, and it includes:
- a member of a Scheduled Caste or Scheduled Tribe;
- a victim of trafficking in human beings or beggars;
- a woman or a child;
- a person with disability as defined in Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
- a person under circumstances of underserved wants such as being a victim of a mass disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster;
- an industrial workman;
- in custody, including custody in a protective home
- If the case is before Supreme Court – in receipt of annual income less than Rs 5 Lakh and if the case is before a court other than the Supreme Court than in receipt of annual income as may be prescribed by the State Government.
Institutions Providing Free Legal Services
Several institutions at different levels are responsible for providing free legal services:
- National Level: National Legal Services Authority (NALSA) – Established under the Legal Services Authorities Act, 1987, the Chief Justice of India serves as its Patron-in-Chief.
- State Level: State Legal Services Authority – Headed by the Chief Justice of the State High Court, who acts as its Patron-in-Chief.
- District Level: District Legal Services Authority – The District Judge of the District serves as its ex-officio Chairman.
- Taluka/Sub-Division Level: Taluka/Sub-Divisional Legal Services Committee – Led by a senior Civil Judge.
- High Court: High Court Legal Services Committee.
- Supreme Court: Supreme Court Legal Services Committee.
Procedure to Apply for Free Legal Aid
• One can apply for free legal aid either online or offline.
• The person needs to fill the application form which will be available at the nearest Legal Services Authority and submit the same either physically or by post.
• One can also make an application on a piece of paper by mentioning all their credentials like name, residence, gender, nationality whether SC/ST (with proof), proof of income, case for which legal aid is required and then submit it to the nearest Legal Service Authority physically or by post.
• Applications can also be filed online by email to NALSA at https://nalsa.gov.in/ or by filling the application form online on the official website of NALSA.
• A person can also orally submit his/her application to the Para Legal Volunteers, who are present in the front office of the Authority.
• A person seeking free legal aid can approach NALSA or any Legal Services Authorities anytime between Monday-Friday from 9:30 a.m to 6 p.m. The online application form can be filled anytime as it is open 24*7.
Landmark judgements:-
Several landmark judgments have shaped the landscape of Free Legal Aid in India, ensuring that access to justice is available to all, regardless of socio-economic status. Here are some notable cases:
Hussainara Khatoon vs. Home Secretary, State of Bihar (1979): This case is often considered the genesis of the Free Legal Aid movement in India. The Supreme Court held that the right to free legal aid is a fundamental right guaranteed under Article 21 of the Constitution. The court emphasized the State’s obligation to provide legal aid to indigent individuals, particularly undertrial prisoners.
M.H. Hoskot vs. State of Maharashtra (1978): In this case, the Supreme Court emphasized the importance of legal aid and held that the State must provide legal representation to accused persons who cannot afford it. The court also stressed the need for establishing Legal Aid Committees to oversee the provision of legal aid.
Sukhdas vs. Union Territory of Arunachal Pradesh (1986): This case reiterated the right of indigent individuals to free legal aid. The Supreme Court held that denial of legal representation to a person who cannot afford it violates the principles of natural justice and fairness.
Khatri vs. State of Bihar (1981): In this case, the Supreme Court highlighted the plight of undertrial prisoners languishing in jails due to delays in the justice system. The court emphasized the need for legal aid to ensure speedy trials and prevent miscarriage of justice.
State of Maharashtra vs. Manubhai Pragaji Vashi (1996): This case underscored the State’s duty to provide legal aid not only at the trial stage but also during the pre-trial and post-conviction stages. The Supreme Court held that legal aid is essential for ensuring fair and impartial adjudication of criminal cases.
Mandir Mohalla Karamchari vs. Municipal Corporation, Ratlam (2010): In this case, the Supreme Court emphasized the importance of legal aid in protecting the rights of marginalized communities. The court held that legal aid should be made available to vulnerable groups, including slum dwellers and pavement dwellers, to ensure their access to justice.
These landmark judgments have played a crucial role in affirming the right to free legal aid as a fundamental aspect of the right to life and personal liberty guaranteed under the Indian Constitution. They have contributed significantly to the development and implementation of legal aid schemes in India, ensuring that justice is accessible to all sections of society.
Conclusion
Legal aid to the poor is fundamental for the protection of guideline of law which is important for the presence of the orderly society. It infers giving free legal services to poor people and needy who can’t manage the cost of the services of a legal advisor for the proceedings of a case in any court, council or before an expert. The focus point of Legal Aid is on distributive justice, effective implementation of welfare benefits and disposal of social and basic oppression of poor people. It works as per the Legal Services Authorities Act, 1987 which goes about as the rule of the rendering of free equity. Legal aid isn’t a charity or bounty, yet it is an obligation of the state and right of the public. It is the absence of legal awareness which leads to exploitation and deprivation of rights and benefits of the poor people.
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