LEGAL AID
Legal aid may be taken to mean free legal assistance to the poor persons in any judicial
proceedings before the Court, Tribunals or any authority. It intends to provide free legal
assistance to the poor persons who are not able to enforce the rights given to them by law. Justice P.N. Bhagwati has clearly stated that legal aid means providing an arrangement in the society which makes the machinery of administration of Justice easily accessible and in reach of those who have to resort to it for enforcement of rights given to them by law. He has rightly said that the poor and the illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of obtaining justice from the Courts. The constitution of India gives much importance to rule of law. In India, it is regarded as a part of the basic structure of the Constitution and also of natural justice. Free legal aid to the poor and weak persons has been held to be necessary adjunct of the rule of law.
Legal Aid in India
The preamble of the Indian constitution aims to secure to the people of India justice – socio
economic and political. Article 38 and 39A of the Indian constitution are notable. Article 38(1)
states- the State shall promote the welfare of the people by securing and protecting the social
order including justice and Article 39-A of the constitution states that the state shall in particular,
provide free legal aid, by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen.
Obstacles to Legal Assistance
At present the legal aid movement in India is unorganized, diffused and sporadic. There is lack
of co-ordination in it. The ideal of equal access and availability of legal justice has reached
almost breakdown point. There is a wide gap between the goals set and met. One law firm
recently commented in a survey, We no longer do pro bono work, we are too busy trying to
survive. Lawyers don’t engage themselves in pro bono activities because of various reasons.
There is lack of financial resources. The legal education imparted earlier did not provide social
education. Therefore they do not understand or accept their obligation to do so, also the members of the profession do not regularly come into contact with members of the community who need legal assistance.
Illiteracy is also a major obstacle to legal aid. Now it is common knowledge that about 70% of
the people living in rural areas are illiterate and even more then that are not aware of the rights
conferred upon them by law. It is the absence of legal awareness which leads to exploitation and
deprivation of rights and benefits of the poor.
Measures for Effective Legal Aid
1. The legal aid movement has to go to the grass root level and help to discover, identify and
solve the problems and difficulties of the poor.
2. The participation not only of the practicing lawyers but also of the courts, the law, teachers,
senior law students, trained social workers, public at large is also needed.
3. It should also include activities like spreading legal awareness and educating people on their
basic rights with the help of NGO’s.
4. Promote more informal paralegal services in places where basic access to justice opportunities
and infrastructures are absent.
5. Promote a pro bono service culture and tradition within the legal profession.
6. Offer comparative models of legal aid to government in reforming the movement.
7. Support the development of demonstration legal aid/public defender offices in cooperation
with governments.
8. Lok Adalats should be promoted in the right direction as they settle the disputes quickly by
counselling and discussions, etc. Its basis is to provide quick justice with the mutual consent of
the parties. Their object is to reduce burden on the Courts so that the problem of law’s delay may
be solved and people may get justice within due time. The machinery of the Government
engaged in the execution of this movement in the state must be geared from bottom to top.
Conclusion
Legal aid means free legal service for the promotion of the welfare of the people. In India many
efforts have been made in this direction for example the introduction of Lok Adalats. According
to various articles of the Indian constitution, it is the right of an accused to ask for legal aid if he
is not able to afford it.
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