INTRODUCTION
India has a large population and a high percentage of illiterates. The vast majority of individuals are ignorant about both their constitutional rights and the legal processes in place in the nation. Although individuals are aware of it, their economic and social backwardness prevents them from being able to buy it. They have no choice but to hire legal counsel, which has turned into an expensive endeavour. The 42nd Amendment to the Indian Constitution, passed in 1976, included a specific Directive Principle, known as Article 39-A, with the intention of providing free legal assistance to qualified groups of the population.Articles 21 and 39-A of the Indian Constitution support legal aid as a constitutional right. “Access to Justice” is a fundamental human right guaranteed by the common law, and it exists unless it is curtailed by the legislature in accordance with a legal exercise of its statutory or constitutional authority. Even the word “access” itself denotes a right to seek relief. This idea is not new, and it is largely based on the fundamental tenet of Roman law, “ubi jus ibi remedium,” which states that where there is a right, there is a remedy. The right to request and receive free legal assistance is guaranteed by the Indian Constitution, and it is the primary responsibility of the state to offer it to the poor, impoverished, and disenfranchised.The article continues with a discussion of legal concerns and challenges in India before concluding with some recommendations for enhancing the efficacy of statutory provisions. So, in a democratic society, an impartial, independent court serves as the protector of individual rights. All individuals must have access to the courts when necessary if they are to have faith in their legal system. Let’s examine the obstacles and challenges associated with giving the poor and marginalised individuals free legal representation so that we may strive to find answers.
Legal Aid – The Concept:
The preservation of the rule of law, which is essential for the existence of an ordered society, depends on legal help for the poor. To handle a case or legal action in any court, tribunal, or before an authority, it entails providing free legal services to the poor and needy who cannot afford to hire a lawyer. Poor uneducated guy is denied equal access to justice up until and until he receives legal assistance. In order to better serve the poor and the underprivileged, the judiciary has recently shown a keen interest in offering legal aid to those in need. The major goal is to make equal justice accessible to the underprivileged, oppressed, and weaker members of society. The Indian Constitution guarantees an impartial and independent judiciary, and courts are empowered to uphold the constitution and protect peoples’ rights regardless of their socioeconomic circumstances.
In this regard, P.N. Bhagwati correctly noted that “Legal aid means providing a society arrangement 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 a barrier 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.”
The internationally recognised notion of “Fair trial” serves as the cornerstone of the right to legal assistance. National constitutions, regional human rights agreements, and international human rights treaties all recognise and enshrine the right to a fair trial. It serves as the cornerstone for defending individual liberty. The need to equalise state and suspect rights is illustrated by the right to legal help. The right to legal aid and state-funded representation in court becomes a crucial component of the right to a fair trial. Regardless of social or economic standing, the provision of legal assistance aims to teach persons who come into touch with the law about the breadth of their rights and to assure them of the presence and accessibility of services. All persons who interact with the legal systems are guaranteed fair and speedy trials under the laws of every nation on the continent. Additionally, major steps have been done by governments all throughout the continent to create more responsive, effective, and efficient judicial systems. When included in more comprehensive criminal justice reforms, changes to legal aid services are frequently lost or restricted. Governments must be urged to focus more on providing legal aid services throughout the justice systems..
Awareness of Legal Aid In India:
“Equality before the law in a true democracy is a matter of right. It cannot be a matter of charity or of favor or of grace or of discretion.” – Justice. Wiley Rutledge (US. SC)
Legal awareness, often known as public legal education, is the process of educating people about legal matters. It aids in advancing legal culture awareness, participation in the creation of laws, and the rule of law. Those who are more informed of the law are better able to demand justice, accountability, and efficient remedies on all fronts. We are all aware that India is a nation free of widespread poverty, illiteracy, and ignorance, and that it is capable of raising the general public’s understanding of a wide range of issues. No matter their level of literacy, everyone in this country should be familiar with the fundamental laws that govern it. They need to understand about the legal aid system and its programmes.Several non-governmental organisations successfully advance the goal of spreading awareness. These organisations inform the general public about their legal privileges and nudge them to take use of free legal aid while appearing in court. To enhance the lives of those who are economically and socially disadvantaged, the government developed several committees and programmes. Due to widespread ignorance, there is still some delay in taking advantage of that opportunity and right. People should therefore express their rights, go to court, and seek justice without considering their circumstances even if they are illiterate and underprivileged.
Who Is Eligible for Legal Aid?
The Indian Constitution states that every person is entitled to receive legal aid. Indian citizens, irrespective of age, gender, or ethnicity, qualify for legal aid if they fall under the following categories:
- A person belonging to Scheduled Caste or Scheduled Tribe
- A woman or a child
- People who have been victims of trafficking
- A mentally ill or otherwise disabled person
- A person under special circumstances
- An individual in custody, including custody in a protective home
The person to whom legal aid is provided need not have to pay any money for the following:
- Court fees or any other legal costs related to litigation
- Documentation fees (drafting of documents, getting copies, etc.)
- Fees of the lawyer
Issues And Challenges:
“The Poor man looks upon the law as an enemy, not as a friend. For him the law is always taking something away.” – Attorney General Robert Kennedy, Law Day Speech, May 1, 1964.
India’s legal aid programme has not been effective. The National Legal Services Agency has not been able to provide genuine legal aid for four key reasons:
There is a general lack of knowledge regarding the availability of legal aid, a belief that free service cannot be compatible with quality service, a shortage of lawyers provided by the legal services authorities, and a general lack of interest on the part of lawyers in offering competent legal assistance due to financial limitations.
Furthermore, it happens much too frequently that attorneys hired to offer legal assistance and paid with public resources do not faithfully represent their clients, which seriously calls into question the validity of the programme for providing legal aid to the most vulnerable members of society. Some attorneys hired by legal assistance organisations use delay strategies to hold their clients’ cases ransom. Even though they are meant to get their fees from the legal aid committee, these attorneys force their clients—many of whom are innocent—to pay them additional sums of money. The legal aid committee’s compensation for attorneys is quite meagre and does not even cover incidental costs, which may be a factor in this.
The distribution mechanism for legal aid in India is a huge barrier as well because it is simply too ineffective. A campaign should be started to raise awareness of free legal aid, and more lawyers should be encouraged to provide it. As long as people are unaware of their fundamental rights, the legal aid movement will not succeed in its mission. The impoverished are vulnerable to exploitation and eventually denied the rights and advantages that the law is supposed to provide them with when they are unaware of their legal rights. Hence, raising public awareness and improving delivery methods are essential for a successful free legal assistance programme.
The government must launch a campaign to teach and educate the general public about their right to free legal help for it to successfully provide legal aid in India. Additionally, the government must use more effective procedures to enhance the delivery of legal aid, including, but not limited to, higher compensation for legal aid attorneys. The constitutional entitlement to free legal help is meaningless in the absence of such.
Conclusions:
Legal assistance is a right of the people and a duty of the state, not a gift or a charitable act. Distributive justice, efficient welfare benefit implementation, and the abolition of structural and social discrimination against the poor are the main goals of legal aid. The Legal Services Authorities Act of 1987, which serves as the standard for the provision of free justice, governs how it operates. “Equal justice for all” should be the main goal of the state. Legal aid works to ensure that the constitutional promise is upheld in letter and spirit and that the oppressed and weaker segments of society have access to equal justice. Free legal aid has been considered an essential component of the rule of law, however the legal aid movement has not succeeded in its mission. The goals established and achieved are far apart. Legal ignorance is the main barrier to the movement for legal help in India. The goal of the legal aid movement has not yet been accomplished because people are still unaware of their fundamental rights. Lack of legal knowledge is what causes the poor to be exploited and deprived of their rights and advantages.
