This article has been written by Ishika Sharma, a 1st-year student of Gujarat National Law University.
Introduction
Legal services include giving underprivileged members of society who fall within the jurisdiction of Section 12 of the Legal Services Authority Act, 1987, free legal representation. Free legal aid is the provision of free legal assistance in civil and criminal issues to those poor and disadvantaged persons who cannot afford to hire a lawyer to represent them in a case or in a legal action before any court, tribunal, or authority.
The National Legal Services Authority oversees these services, which are controlled by the Legal Services Authorities Act of 1987. (NALSA).
As a result, legal aid is not a charitable endeavour but rather a requirement of the state and its citizens’ fundamental rights. Legal assistance works to ensure that the constitutional guarantee is upheld in letter and spirit and that equal justice is made accessible to the public so they may see and keep an eye on the legal framework that bases justice on the foundation of equal opportunity for all of its citizens.
Meaning
Legal aid refers to providing free legal assistance to the less fortunate members of society who cannot afford to hire an attorney to represent them during court proceedings or other legal proceedings before judicial authorities or tribunals.
One of the fundamental rights that all citizens are entitled to is free legal representation. No individual “shall be deprived of his life or personal liberty except according to the procedure prescribed by law,” according to Article 12 of the Indian Constitution. Hence, providing everyone with legal help is essential for achieving substantive equality.
Furthermore, the Indian Constitution’s directive principles of state policy in Part IV, which emphasize the social security character of the state and thereby place certain obligations on the state to act favourably to advance the welfare of society, go beyond the bounds of the free legal aid principle.
Provisions
- A lawyer’s representation during a court case.
- Payment of filing fees, witness travel costs, and any other fees owed or incurred in relation to a legal matter, as necessary.
- The creation of pleadings, an appeal note, a paper book, including printing, and the translation of documents in a court case.
- Drafting legal documents, such as petitions for exceptional leaves.
- The provision of certified copies of decisions, orders, notes of evidence, and other legal documents.
The provision of aid and counsel to the recipient to access the benefits under the welfare legislation and schemes created by the federal or state governments, as well as to assure access to justice in any other way, is also included in the definition of free legal services. Legal services encompass any services in the administration of any case or other legal processes before any court, other authority, or tribunal, and the provision of advice on any legal problem, as stated in section 2(c) of the Legal Services Authorities Act, 1987.
Scope and Importance
In the case of Air India Statutory Corporation v. United Labor Union, the supreme court stated that Article 39A serves as a beacon light that justice is carried out based on equal opportunity and that no one is denied justice due to economic or other disabilities. This case has been widely cited as an explanation of the scope of Article 39A.
The importance of legal aid is not only downplayed by the Indian constitution but it is also mandated by section 304(1) of the 1973 Code of Criminal Procedure that, in a trial before a sessions judge, if the accused lacks the resources to enter a plea, the court shall appoint a pleader for his defence at the expense of the state.
The supreme court’s passionate declaration regarding the rights of the poor and destitute people in the Hussainara Khatoon decision, in which the court noted the significance of Article 39A, which emphasizes that free legal services are an inalienable element of reasonable, fair, and just procedure and that the right to free legal services is impliedly guaranteed under Article 21, demonstrates the judiciary’s enormous contribution to the legal aid system.
The supreme court made the same observation in State of Haryana v. Darshan Devi, holding that the impoverished should not be excluded from the judicial system under the guise of court fees or the reluctance to implement order XXXIII’s exempted clauses.
Who are eligible for getting free legal aid?
Women and children
Members of SC/ST
Industrial workmen
Victims of mass disaster, violence, flood, drought, earthquake, and industrial disaster.
Disabled persons
Persons in custody
Those persons who have an annual income of less than the amount prescribed by the respective State Government, if the case is before any court other than the Supreme Court, and less than Rs. 5 Lakhs, if the case is before the Supreme Court.
Victims of Trafficking in Human beings or beggars.
Institutions providing free legal aid
- On National Level: National Legal Services Authority (NALSA). It was constituted under the Legal Services Authorities Act, 1987. The Chief Justice of India is the Patron-in-Chief.
- On State Level: State Legal Services Authority. It is headed by the Chief Justice of the State High Court who is its Patron-in-Chief.
- On District Level: District Legal Services Authority. The District Judge of the District is its ex-officio Chairman.
- On Sub Division Level: Taluka/Sub-Divisional Legal Services Committee. It is headed by a senior Civil Judge.
- High Court and Supreme Court: High Court Legal Services Committee and Supreme Court Legal Services Committee.
Relevant Cases
Khatri v. State of Bihar
The supreme court ruled that the state is required by the constitution to provide an accused person with legal representation by hiring an attorney not only during the trial stage but also when they are initially brought before the magistrate or repeatedly remanded. This right cannot be denied on the grounds of financial or administrative inability or because the accused did not request it. The magistrate and session judges are mainly accountable for educating the accused about his rights.
Suk Das v. Union Territory of Arunachal Pradesh
In Suk Das v. Union Territory of Arunachal Pradesh, Justice P.N. Bhagwati emphasized the need for educating the poor about their legal rights because they are unaware of their entitlement to free legal assistance. He also noted that people living in rural areas of India are illiterate and unaware of the inherent legal rights that the law has bestowed upon them. Even those who are literate are unaware of their rights. Due to their ignorance of the law, they cannot be consulted by a lawyer.
Foreign aspect
Other nations also place a lot of importance on legal aid. With a few exceptions, including libel, the majority of personal injury claims (which are now handled under conditional fee agreements, interests of contingency fee), and matters related to the operation of a company, the legal aid scheme in the U.K. is governed by the legal service commission.
Cases involving family law are included. By working to guarantee that all individuals, including those who cannot afford to pay, have access to the legal services they need to seek justice, the Legal Aid Commission, which is present in all eight of Australia’s states and territories, plays a crucial role in ensuring equality before the law.
UN convention provides some support for free legal assistance to the poor in criminal trials. All people shall be treated equally before courts and tribunals, according to Article 14 of the Constitution, which also stipulates in clause (f) that anybody who cannot speak or comprehend the language of the court must be supplied with free interpreting services.
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