Legal Aid

What is Legal Aid?

• Legal aid refers to the provision of legal services to the underprivileged segments of society, particularly those who cannot afford legal representation, ensuring that no individual is denied justice due to a lack of economic means.
• Legal aid encompasses legal advice and any service related to legal proceedings before a court, tribunal, or other authority. It is based on the principle of equal justice, which states that economically disadvantaged individuals should have the same opportunity to access the legal system.
• Legal aid is a fundamental right of every Indian citizen under the Indian Constitution, provided through statutory frameworks such as the Legal Services Authorities Act, 1987.

Role of Legal Aid 

• Ensuring Fair Trial: Individuals may often find themselves in a situation where they are denied competent legal counsel to represent them in court, leading to a miscarriage of justice. Legal aid helps ensure that persons involved in litigation get an equal opportunity to be heard.
• Promoting Equality: Providing legal services to economically disadvantaged and weaker sections of society helps close the justice gap between the rich and the poor. Hence, legal aid helps promote equality before the law. 
• Speedy and Free Justice: Article 39A, inserted by the 42nd Amendment Act, 1976, mandates the state to ensure equal justice and free legal aid to economically disadvantaged people. In addition, mechanisms such as Lok Adalat facilitate the delivery of justice within a short period and with minimal formalities. This offloads the burden on the formal judicial system and offers speedy and free justice to the parties concerned.
• Protecting Fundamental Rights: Legal aid plays a pivotal role in safeguarding the right to life and personal liberty, enshrined under Article 21 of the Indian Constitution, since it offers legal protection against the violation of fundamental rights. Additionally, in Hussainara Khatoon vs. State of Bihar (1976), the apex court held that the right to free legal services stems from the right to a free and fair trial, which is part of the right to life and personal liberty under Article 21.  

Statutory Framework for Legal Aid 

• Legal Services Authorities Act, 1987: The Legal Services Authorities Act, 1987, governs the establishment of legal aid authorities throughout the country, providing free legal aid to eligible individuals. Its objective is to ensure that all citizens have access to justice, regardless of their economic status, and to coordinate Lok Adalats for prompt hearings and decisions. Key Provisions of the Act are
  • National Legal Services Authority (NALSA): The Act established the National Legal Services Authority at the central level, which is mandated to formulate policies and principles to ensure the accessibility of legal services.
  • State and District Legal Services Authorities: The Act also provides for the establishment of legal services authorities at both the state and district levels. These bodies are responsible for the effective implementation of legal aid programs.
  • Legal Aid Clinics: Legal aid clinics are established, particularly in rural and remote areas, to ensure that legal services are accessible to individuals who cannot afford traditional institutional legal services.
  • Lok Adalats: The Act also provides for the organization of Lok Adalats, which are a form of people's court that addresses and resolves disputes. These courts are designed to provide out-of-court dispute resolution with minimal legal procedures compared to formal litigation.
  • Legal Aid for Special Categories: Under Section 12 of the Legal Services Authorities Act, 1987, certain groups are entitled to free legal aid to ensure equal access to justice. This includes women and children, especially those affected by domestic violence or in need of care and protection. Scheduled Castes (SC) and Scheduled tribes (ST) are also eligible to prevent discrimination and uphold their legal rights. Industrial workmen unable to afford legal services and victims of natural disasters can also access legal aid. Additionally, weaker sections also qualify for legal aid.
  • Bharatiya Nagarik Suraksha Sanhita, 2023: Under Section 341, where it appears to the court that the accused does not have sufficient means to hire an advocate and thus is not represented by an advocate, the court shall assign an advocate for his defense at the state's expense.

International Obligations for Legal Aid 

• Universal Declaration of Human Rights (UDHR), 1948: Article 8 of the UDHR outlines an individual's right to an effective remedy by competent national tribunals for acts that infringe upon the fundamental rights provided to them. Legal aid is a crucial requirement to ensure this right is accessible to all, especially those in low-income brackets.
• International Covenant on Civil and Political Rights (ICCPR), 1966: Article 14(3)(d) of the ICCPR states that any person accused of having committed an offense has the right to be provided with legal assistance. If the person is indigent, they should be defended by an advocate in their interest at the expense of the state.
• United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, 2012: These guidelines emphasize that all states must develop an integrated structure for legal aid that will furnish legal help at every stage in criminal litigation, from arrest to appeal.

Our Pro Bono Support to Those in Need

• Representation in Court: This involves representation by an advocate on behalf of individuals who meet the eligibility criteria outlined in Section 12 of the Legal Services Authorities Act, 1987, where services are offered without the advocate's fees.
• Legal Advice and Consultation: Offer professional legal assistance by assisting clients with their legal issues and guiding them through the legal process.
• Mediation and Negotiation: In eligible matters, advocates engage in negotiations to resolve disputes amicably through alternative mechanisms, aiming to avoid the litigation expenses associated with approaching the court.
• Community Education: Educate individuals about their legal entitlements and available services through self-help assistance programs, such as workshops, seminars, or clinics.
• Advocacy and Lobbying: Advocate for policy changes that will allow the expansion of opportunities within the legal profession, particularly for low-income and weaker sections of society.
• Pro Bono Support: Committed to serving society through our pro bono legal help, supporting individuals irrespective of their economic status.

Conclusion

If you are indigent, belong to the BPL (Below Poverty Line) category, or are unable to afford legal representation because of financial incapacity, you can approach us to access our Legal Aid services. If we determine your incapability to pay is genuine, we will provide our pro bono services in the interest of justice and support you throughout your legal journey. The final decision will be made after a thorough investigation. To avail yourself of Legal Aid or for more information, kindly contact us.