Legal Aid

What is Legal Aid?

• Legal aid means providing legal services to the weaker sections of society, especially for those who cannot afford legal representation, to ensure no individual is denied justice simply because of a lack of economic means.
• Legal aid includes legal advice and rendering any service related to the legal proceedings before any 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 right of every Indian citizen under the Indian Constitution, given through statutory frameworks like 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 a 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 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 assist in delivering justice within a short period and without many 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 the matter of Hussainara Khatoon Vs State of Bihar, 1976, the apex court positioned that the right to free legal services ensues 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 to provide free legal aid to eligible individuals. Its objective is to ensure all citizens seek justice regardless of their economic status and to coordinate Lok Adalats for quick hearings and decisions. Key Provisions of the Act are
  • National Legal Services Authority (NALSA): The act constituted the National Legal Services Authority at the central level, which mandates outlining policies and principles to make legal services accessible.
  • 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, especially in rural and remote areas, to ensure that legal services are offered to people who cannot afford institutional legal services.
  • Lok Adalats: The Act also makes provisions for the organization of Lok Adalats, which are a form of people’s court that addresses and solves disputes. These courts are intended to offer the resolution of disputes out of court and 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 infringing the fundamental rights provided to them. Legal aid is a key requirement to ensure this right is accessible to all, especially those in the low-income bracket.
• International Covenant on Civil and Political Rights (ICCPR), 1966: Article 14(3)(d) of the ICCPR, 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: It involves representation by an advocate on behalf of individuals who meet the eligibility criteria mentioned under section 12 of the Legal Services Authorities Act, 1987, where the services are offered without an advocate's fees.
• Legal Advice and Consultation: Render professional legal assistance by helping clients with their legal issues and guiding them on legal procedures.
• Mediation and Negotiation: In eligible matters, advocates engage in negotiations to resolve the dispute amicably through alternate mechanisms, aiming to avoid the litigation expenses of approaching the court.
• Community Education: Educate people on legal entitlements and services via self-help assistance services or 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 due course of inquiry. To avail yourself of Legal Aid or for more information, kindly contact us.