This article has been written by Akalya Shanmugam, a final year student of Government Law College (Coimbatore),Tamil Nadu Dr. Ambedkar Law University,
INTRODUCTION:
In India, the right to free legal aid is guaranteed under Article 39A of the Constitution, which was added by the 42nd Amendment Act in 1976. This provision recognizes that justice is not just a right, but also a duty of the state and that free legal aid should be made available to those who are unable to afford it. The state is required to ensure the provision of free legal aid to the economically and socially disadvantaged sections of society through a system of legal aid boards, legal services authorities, and other institutions. These bodies are responsible for providing legal aid through a network of lawyers, paralegals, and other legal professionals.
THE OBJECTIVES OF FREE LEGAL AID :
Access to justice: Free legal aid aims to provide access to justice for all, irrespective of their financial status, by ensuring that they can avail of legal services without incurring prohibitive costs.
Protecting the rights of the marginalized: Free legal aid seeks to protect the rights of the marginalized sections of society, such as women, children, the elderly, the disabled, and the poor, who may not have the means to hire legal counsel.
Promoting social justice: Free legal aid seeks to promote social justice by ensuring that everyone has equal access to legal services and can seek redressal for grievances.
Reducing the burden on the courts: By providing free legal aid, the burden on the courts is reduced as cases can be resolved outside of court through alternative dispute resolution mechanisms.
Raising legal awareness: Free legal aid also aims to raise legal awareness among citizens, particularly those from marginalized communities, by informing them of their rights and legal options.
Overall, the primary objective of free legal aid in India is to ensure that access to justice is available to all, regardless of their socio-economic status, and to promote social justice and equality under the law.
ELIGIBLE PERSONS FOR FREE LEGAL AID :
The Legal Services Authorities Act, 1987, provides the statutory framework for the provision of free legal aid in India. The Act sets up legal services authorities at the national, state, and district levels, which are responsible for providing free legal aid to eligible persons.
The Act defines “eligible persons” as those who are:
Members of Scheduled Castes or Scheduled Tribes;
Victims of trafficking in human beings or beggar;
Women and children;
Mentally ill or otherwise disabled persons;
Persons in custody, including undertrial prisoners;
Industrial workmen;
Persons with an annual income below a certain threshold.
The legal services authorities are responsible for identifying eligible persons and providing them with legal aid in the form of legal advice, representation in court, and the payment of court fees and other expenses.
In addition to providing legal aid to eligible persons, the legal services authorities are also responsible for organizing legal awareness camps and legal literacy programs, to educate citizens about their rights and legal options.
CASE LAWS
The right to free legal aid has been recognized and upheld by the Supreme Court of India in a number of cases.
In Hussainara Khatoon v. Home Secretary, State of Bihar (1979), the Supreme Court held that the right to free legal aid is a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
In another landmark case, Khatri v. State of Bihar (1981), the Supreme Court held that the right to free legal aid is not merely a formalistic right, but must be given meaning and substance, and must be made available in a meaningful manner.
In recent years, the provision of free legal aid in India has faced a number of challenges, including inadequate funding and resources, lack of awareness among the public, and delays in the delivery of legal aid services. However, the right to free legal aid remains a vital aspect of the justice system in India, and the government and legal services authorities must continue to work towards ensuring that it is made available to all eligible persons in a timely and effective manner.
CONCLUSION :
In conclusion, the right to free legal aid is a fundamental right that ensures access to justice for all, irrespective of their financial status. Legal aid is particularly important for marginalized communities, who may not have the means to hire legal counsel. The provision of legal aid not only promotes social justice and equality under the law, but also helps reduce the burden on the courts by resolving cases outside of court through alternative dispute resolution mechanisms.
The legal services authorities in India play a crucial role in providing legal aid to eligible persons, and also in raising legal awareness and promoting legal literacy. However, challenges such as inadequate funding and delays in the delivery of legal aid services need to be addressed in order to ensure that the right to free legal aid is made available in a meaningful manner.
Overall, the provision of free legal aid is an essential component of the justice system in India, and the government and legal services authorities must continue to work towards ensuring that it is made available to all eligible persons in a timely and effective manner. By doing so, the right to access justice can be protected and upheld for all citizens, promoting social justice and equality under the law.
REFERENCES :
- Article 39A of the Constitution of India: https://indiankanoon.org/doc/67485/
- Legal Services Authorities Act, 1987: https://indiankanoon.org/doc/470914/
- Hussainara Khatoon v. Home Secretary, State of Bihar (1979) – https://indiankanoon.org/doc/1739011/
- Khatri v. State of Bihar (1981) – https://indiankanoon.org/doc/1908028/
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