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Legal Aid

What is Legal Aid?

  • Legal aid means provision of legal services at a low or sometimes free cost especially for those people who cannot afford legal representation and access justice in a court of law. It guarantees that no individual is being denied justice simply because of lack of economic means, this makes the law to be fair on everyone.
  • Services where legal aid applies include advice, legal representation and assistance in preparation of legal documents. Therefore, its main focus is on the principle of equal justice because the economically disadvantaged should also have equal opportunity of accessing the legal system.
  • Legal aid is one of the rights of every Indian citizen under the Indian Constitution which is given through the statutory frameworks like the Legal Service Authorities Act 1987.

Role of Legal Aid in Access to Justice

Legal aid is an important factor that helps in the facilitation of access to justice with special referral to the vulnerable people in the society. Its importance is underscored by the following factors

  • Ensuring Fair Trials: Sometimes people may find themselves in a situation where they are denied competent legal counsel to represent them in court and this will lead to miscarriage of justice. Legal aid contributes to ensure that persons accused of crimes are given a trial which would be favorable to them, as per provision of Article 21 of the Constitution of India.
  • Promoting Equality: As a result of the representation of the helpless in the court by the legal aid services, the legal discrimination found in our society is proved to be promote principle of equality before the law. It assists in narrowing down the existing economic disparity between the have’s and the have nots reaching out to ensure that the justice is not only being served to the wealthy.
  • Speedy and Affordable Justice: Justice delivery systems, like the Lok Adalats, assist in delivering justice within a short span without much formalities of a trial. This off loads the burden on the formal judicial system and offers speedy and less expensive justice to the parties concerned.
  • Protection of Fundamental Rights: A right that is enshrined under legal aid is the right to life and personal liberty since it offers legal protection to everyone facing violation of his or her rights. This is more so where the affected individual is less fortunate and may not have any clue towards exercising the rights that they have.

Types of Legal Aid  

As observed above, legal aid can assume different characteristics depending with the kind of help needed. 

  • Legal Advice: Lawyers provide the best possible course of action by making the needies aware of laws regarding their case. It assists people to appreciate the legal element of their case including informing them of their rights, advices them on what may happen if they do certain things and provides them with solutions to their legal issues.
  • Legal Representation: Legal representation means that the parties that cannot afford to employ the services of advocates are still able to obtain professional assistance that guard them in the court. It’s important in maintaining the fairness of trials and justice for all individuals especially in criminal law since the results may negatively affect the life of the person involved.
  • Assistance in Filing FIRs and Complaints: There are generally acts such as assisting individuals to report cases in criminal matters through filing FIRs or pursue complaints in other matters. There are likely to be many persons especially from disadvantaged backgrounds who may not know the procedures for reporting or may have problems with the officials. Legal aid assists them to do this and more importantly, it guarantees them that their grievances are duly noted.
  • Alternative Dispute Resolution (ADR) Assistance: Legal aid assists parties to dispute through ADR mechanisms like; Mediation, Arbitration or Conciliation. It assists the parties seeking for an out of court settlement to a dispute thereby achieving amicable resolution.
  • Public Interest Litigation (PIL): Legal aid help in the filing cases with Public Interest Litigation (PIL). This type of legal aid assists to bring forth various social issues in the court for the benefit of the entire public.
  • Counseling and Legal Literacy: Legal aid consists of giving advice to enable persons, especially those living in lower socio-economic strata, to appreciate their legal position and consequences of such positions. Legal literacy programs are also arranged to create awareness among the people by which they will come to know about their rights and the laws.

Constitutional Mandate for Legal Aid

The right to legal aid is enshrined in the Constitution of India under the following provisions:

  • Article 14, Equality Before Law: provides for equality before law and equal protection of the laws. In this context legal aid is viewed as a tool that will prevent people with limited means being denied their rights and this will afford them the same legal protections as the people with financial resources.
  • Article 21, Right to Life and Personal Liberty: The Indian Supreme Court has held that right to life under the constitution does mean right to legal aid. For the first time, the constitutional enablement of free legal aid came up in the matter of Hussainara Khatoon Vs State of Bihar, 1976, the apex court positioned that the right to free legal services ensues from right to free and fair trial which is a part of Right to Life and Personal Liberty under Article 21 of the constitution of India.
  • Article 39A, Equal Justice and Free Legal Aid: Article 39A inserted by the 42nd Amendment Act, 1976 makes it the duty of the state to assure legal systems to do justice on the grounds of equal opportunity. It directs the state for provision of free legal aid to the people who are economically disadvantaged.

Statutory Framework for Legal Aid 

In India the primary statute which regulates the delivery of legal aid is the Legal Services Authorities Act, 1987. This act outlines the organizational arrangements and processes by which legal aid is delivered in the nation.

  • Legal Services Authorities Act, 1987: The Legal Services Authorities Act, 1987 governs setting up of legal aid authorities throughout the country with the objective of providing free legal aid to the deserving persons. Its objective is to prevent the ability to get justice for any citizen based on their economic or social status as well as to coordinate Lok Adalats for quick hearings and decisions. Key Provisions of the Act are
    • National Legal Services Authority (NALSA): The act created the National Legal Services Authority at the national level that possesses the mandate of outlining policies and principles to make legal services accessible.
    • State and District Legal Services Authorities: The act also contemplates on the creation of legal services authorities at state and district levels. These bodies are those that are supposed to help in the implementation of legal aid programs at their level.
    • Legal Aid Clinics: Legal aid clinics are established at different places especially in the rural and remote areas to ensure that legal services are offered to the people who cannot afford institutional legal services.
    • Lok Adalats: The act also makes provisions for the creation of Lok Adalats, which is a form of people’s court which address and solve disputes. These courts are intended to offer resolution of the disputes out of court and within minimal legal procedures compared to formal litigation.
  • Bharatiya Nagarik Suraksha Sanhita, 2023: There are also provisions regarding legal aid in the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 341, when an accused person is to be tried for an offense that could lead to a death penalty or imprisonment, but they cannot hire an attorney, then the court is mandated by the law to assign an attorney to represent them, but the state bears the costs of the attorney.
  • Legal aid under other laws: In addition to the Legal Services Authorities Act and the BNS, various other statutes provide for legal aid in specific contexts are
    • The protection of Women from Domestic Violence Act 2005: The women who are victims of domestic violence are provided legal aid free of cost.
    • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: This act deals with legal aid to the victim of caste factor violence.

International Obligations for Legal Aid 

Legal aid has a certain legal status in India that stems from the country’s membership to numerous international treaties and conventions.

  • Universal Declaration of Human Rights (UDHR), 1948: Article 8 of the UDHR that outlines individuals’ right to an effective remedy by competent national tribunals for acts infringing the fundamental rights provided to them. Legal aid is one of the requirements for making this right to be valid for implementation among all people especially those who are in the low income earning bracket.
  • International Covenant on Civil and Political Rights (ICCPR), 1966: Article 14(3) (d) of the ICCPR, any person accused of having committed a criminal offense has the right to be provided with legal assistance. If the person is indigent, then he should be prosecuted or defended by a lawyer in his interest at the expense of the state.
  • United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems,2012: These guidelines stress that all states have to develop an integrated structure of legal aid which will furnish legal help at every step in the process of criminal trial – from arrest up to appeal.

Our Pro bono Approach to Needies

Legal profession is an important profession that assists those in the society who otherwise can’t afford to hire lawyers for legal defense. Here are key ways our lawyers can contribute:

  • Representation in Court: It involves offering of legal services by advocates to the needy persons especially in the criminal, civil or even the family cases where the services are offered at a nominal charge or even for free.
  • Legal Advice and Consultation: We bring professionalism in the legal field and assist clients in their legal issues and guide them on the legal procedures.
  • Document Preparation: We help in preparation of legal documents such as the complaints and FIRs, petitions, applications, necessary documents needed in court proceedings etc. of the deserving persons of the society who cannot afford the services of lawyers.
  • Mediation and Negotiation: Advocates involve in negotiations to make an effort to have disagreements solved by other means than going to court which may be expensive.
  • Community Education: We educate people on legal entitlements and services via self-help assistance services or programs such as; workshops, seminars, or clinics.
  • Advocacy and Lobbying: We work for changes in policies that will allow the expansion of the aspects of the legal profession, particularly for low income or minorities.
  • Pro bono Support: Our advocates provide their services through pro bono activities whereby they offer their services without charging their clients, wherever necessary.
  • Public Interest Litigation: In this case, we may use social purpose litigation in order to combat the laws or practices that are unfair towards vulnerable populations.

Conclusion

If you are an indigent or belong to BPL (Below Poverty Line) category or you are unable to hire a lawyer for you because of your financial incapability, you can approach us to avail our Legal Aid services. If we find your incapability to pay professional fee is genuine, we will cater our pro bono services in the interest of justice and will support you throughout your legal journey. The final decision will be taken after due course of inquiry and we will not be bound on your demands. To avail our Legal Aid or to know more, contact us

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