INTRODUCTION
“Injustice anywhere is a threat to justice everywhere” – Martin Luther King
We live in a democratic society today, where everyone has the freedom to select a representative; but there is a catch, where people find themselves unrepresented when issues of justice arise. Because of their social standing, economic hardship, cultural differences, etc., they are frequently denied justice, which makes them feel outdated and prevents them from becoming enraged over injustices done to them.
The basic structure of the constitution i.e. “preamble”[1] stating “justice” to social, economic, and political, article14[2] “confirming equality before the law and the system that promotes justice based on equal opportunity to all”, article 39A [3]I mentioned under the directive principle of state policy, particularly the “right for equal justice and free legal aid”.
Rights guaranteed to the citizens still access to justice becomes a nightmare for the people coming from marginalized communities. Through blog will examine actions taken by the government to tackle such barriers and further strategies for effective solutions.
ACCESS TO JUSTICE
The word “Access to justice” when coming into mind gives the idea that an individual who seeks justice has the right to approach the court of law. But this is not the only definition of the word. The word “Access to Justice” can also be defined as “the process through which people claim or obtain justice remedies through formal or informal institutions of justice and in conformity with human rights standards”[4]
Part 4 Directive Principle of State Policy Article 39A (Equal Justice and Free Legal Aid) provides additional insight into this since it states:-“The state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or scheme or in any other way, to secure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities.[5]”. Nonetheless, courts have been more accommodating to the wealthier class to preserve their legal rights, denying the underprivileged access to the legal system. Concluding that the right to reasonable access to justice is not guaranteed by the mere enforcement of an article.
In an effort “to create an emphatic pronouncement concerning the rights of the poor and needy,” the Supreme Court has rendered several decisions. In the judgment of “Hussainara Khatoon vs the state of Bihar,[6]” the court stated, “Article 39A highlights that the right to free legal services was implicit in the guarantee of Article 21 and that it was an inalienable component of reasonable, honest, and just procedure.”. After two years, in the judgment of “Khatri vs the state of Bihar,[7]” the court answered about the right of free legal aid to the poor and needy. “it held that the state is constitutionally bound to give such aid not solely to the stage of trial but also when they are first produced before the judge or remanded from time to time and that such a right cannot be denied on the ground of financial constraints or administrative inability or that the defendant failed to ask for it. Magistrates and Sessions Judges should inform the defendant of such rights. The right to free legal services is a necessary ingredient of reasonable, fair, and just procedure for an individual defendant of an offence and it should be held implicit in the guarantee of Article 21 therefore the State is under a constitutional mandate to produce a lawyer to an accused person if the circumstances of the case and the needs of justice thus require. The State cannot avoid this obligation by pleading financial or administrative inability or that none of the aggrieved prisoners asked for any legal aid”. In the case of “Suk das vs. union territory of Arunachal Pradesh[8]”. Justice P.N. Bhagwati stated The need to raise understanding of the law among the impoverished is necessary since they are unaware of their rights, especially the right to free legal representation. It is also noted that, in India, the majority of people living in rural areas lack formal education and are unaware of their legal rights. Even well-read people are ignorant of their legal rights and entitlements. Because of their lack of legal knowledge, they are not seeking legal counsel or assistance from a lawyer.
GOVERNMENT CONTRIBUTION
Since 1952, the government has taken the initiative to address the issue of legal aid for the poor in their conferences conducted by the Ministry of Law and Justice. In 1980, a committee was constituted at the national level to address and supervise legal aid programs throughout the country under the chairmanship of Hon. Mr Justice P.N. Bhagwati (former judge of Supreme Court of India) named as CILAS (committee for implementation legal aid scheme), where in its report it was observed that “even while retaining the adversary system, some changes may be effected whereby the judge is given a greater participatory role in the trail to place poor, as far as possible, on a footing of equality with the rich in the administration of justice.”[9]
Hon. Justice V.R. Krishna Iyer made a significant contribution to the creation of legal aid programs with his 1987 report, “Professionals Justice to Poor,” where he took a step further to recognize and provide legal aid to the impoverished. “The colonial hangover of the Indian legal system which has prevented it from realizing its true potential” was mentioned in the report. The report focused on the impoverished in general and other designated individuals or groups in an attempt to categorize groups of people who are most in need of legal assistance.
Later in 1987, the Legal Services Authorities Act [10]was enacted and enforced in 1995 as a statutory base for legal aid programs for the weaker section of society to “ensure that opportunities for securing justice denied due to economic or other disabilities”, to organize Lok Adalat’s to “ensure that the operation of legal system promoted justice based on equal opportunity”. It also establishes a national legal service authority [11]at the national level to provide free legal services to eligible candidates and organize Lok Adalat for the speedy resolution of cases. Under NALSA various schemes were launched for the welfare of the marginalized people, like the “NALSA (legal services to the workers in the unorganized sector) scheme, 2015”, “NALSA (protection and enforcement of tribal rights) scheme,2015” etc.
OTHER STRATEGIES
Aside from these kinds of programs, it’s critical to inform people about them at the local level. Therefore, it makes sense that alternative tactics are required for those who are unaware of these programs.
- Raising public awareness through a variety of workshops in which participants receive guidance on government programs designed to promote legal aid services and inform them of their rights.
II. Non-governmental organizations are crucial in raising public awareness of human rights concerns because they carry out research, training programs, education, and advocacy for the protection and advancement of all human rights.
III. Legal assistance centres should be set up in areas where there is a likelihood of human rights illiteracy and a dearth of understanding of the legal system for justice.
Conclusion and suggestion
Finally, it can be stated that even with a variety of initiatives, such as plans, programs, etc., people may be impacted by using government-provided legal aid services for those in need of justice. They choose to overlook this course of justice, however, because hiring a qualified advocate for dispute resolution is a costly and time-consuming process.
These persons can now quickly approach the court and obtain legal advice from professionals with knowledge in the field of law thanks to a government initiative.
However, further advancement is required to dismantle the social barriers that society has erected between the rich and the poor, the economically and socially marginalized groups, etc. for such a person to be allowed to seek the court for their rights in a free and fair manner.
The government, legal experts, community organizations, and the general public must work together to continue the ongoing process of removing obstacles to justice. Together, we can make sure that everyone has the right to access justice and that it is not a privilege enjoyed by a select few.
Author(s) Name: Ishika Agarwal (Chaudhary Charan Singh University, Meerut)
Reference(s):
[1] Constitution of India, 1950, preamble
[2] Constitution of India, 1950, article 14
[3] Constitution of India 1950, article 39A
[4] Ayush Shukla, “Access to Justice for marginalized people in India”, (my lawman social legal review, 25th November 2020), <https://assets.pubpub.org/gkgisdju/4fe92699-3c3e-4b72-b326-dc652e400f76.pdf>, accessed 17 July 2024
[5] Constitution of India, 1950, article 39A
[6] Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 98
[7] Khatri v. State of Bihar, AIR 1981 SC 262
[8] Suk das v. Union territory of Arunachal Pradesh, AIR 1986 SC 991
[9] Shubham jain, “free legal aid”, (5th November 2012), Lawyers Club India, http://www.lawyersclubindia.com/articles/Free-Legal-Aid-5166.asp, accessed 10th July 2024
[10] Legal Service Authorities Act, 1987
[11] National Legal Service Authority, 1995, section 12
