INTRODUCTION
Legal aid deals with those people who are unable to pay fees for advocates and the legal proceedings for their cases. It secures all the individuals regardless of their caste, gender, race, place of birth, religion, financial assistance etc. This provision of safeguarding every person including women, children, disadvantaged, disabled, poor, minority and who are in need of legal assistance from the side of government to provide fairness, equal treatment and legal remedies[1]. Legal aid consists of all the court proceedings, advocate, legal services, all alternate dispute resolution methods are given to someone who cannot afford the legal fee structure of courts. The people who are seeking the advantage of legal aid under Article 39A[2] enshrined in Part III of the Indian Constitution hold the hope of fair treatment, equality, and justice within the country.
LEGAL AID IMPORTANCE AND ITS IMPACT IN PROVIDING JUSTICE
The Provisions related to Legal aid are the most significant feature for the rights of the citizens of our country to provide them with better support. It helps in getting legal remedies for the losses which the person had suffered in case of any discrimination or violation of human rights. It secures and provides a healthy ground for equal justice to everyone, decreasing the inequality among the nation regardless of the background they belong to. This raises the effectiveness and reliability of the justice system on the common people and helps in reducing the burden of courts in accumulating the files and cases, strengthening the role of legal advisor to make sure for a fair and fast proceedings. It further ensures the rights and obligations of the citizens and makes them aware about the justice system. These rules and regulations help in promoting justice established by law in a democratic country raising the people’s interest for the ongoing process of justice[3].
DATA OF LEGAL AID AND JUSTICE SYSTEM IN INDIA
There are approximately 80% of people from the nation who require the help of legal aid but only 15 million people have accessed this benefit with the support of NALSA (The National Legal Services Authority).
NALSA was established in 1995 started with the aim of giving legal aid in the nation because of which two major committees were formed i.e. DLSAs (District Legal services Authorities) and Taluka Legal Services. It had also initiated many schemes and projects which ultimately helped the discriminant and minority people to gain justice[4].
JUDICIARY CONTRIBUTION IN PROVIDING FREE LEGAL AID
The concept of Free legal aid to the poor and insolvent people came into existence from the case of Hussaianara Khatoon[5] where the Supreme Court held that Article 39A of the Indian Constitution should be a procedure of ‘Just, fair and reasonable’ that is also guaranteed under Article 21 of the Indian Constitution.
The question arises in the case of Khatri v. State of Bihar[6] that the rights mentioned under Article 39A is for the poor people who cannot afford an advocate, in regard to this the court gave a verdict that the government and law are bound to produce such aid to these people. Though it was not only for the trial period but also for the rest of the case. The advocate should be provided for the whole period till the time the case is going on and cannot be refused from getting this benefit to the poor people on the ground of financial assistance or if the accused had not asked for it.
The Justice P.N. Bhagwati in case of Suk Das v. Union territory of Arunachal Pradesh[7] had talked about the poor people who are not familiar and aware about their rights of free legal aid. Not only the illiterate people, but also the literate people are not aware that their rights are guaranteed by the constitution. Because of the lack of awareness around the nation, people are hopeless and could not help themselves. Moreover, the knowledge of legal literacy needs to be spread around the country. Here, Education also plays a crucial role in making people aware about their Fundamental rights and justice, but somewhat it has failed in fulfilling its objective.
By understanding the procedure established by law and with the help of cases the judiciary is one of the important sources to provide just and fair treatment with having the concept of equality and justice. It is the obligation of the judiciary to look after the matters of vulnerable and marginalized people who themselves cannot afford an advocate and need assistance from the government. Though our judiciary is very protective towards the Indian citizen and providing justice to them is their foremost responsibility[8].
CHALLENGES FACED BY FREE LEGAL AID
There are several challenges faced by the legal aid administration, though there is a huge benefit from this system to gain justice but due to lack of awareness among citizens it creates hurdles for them to understand whether they are eligible for this service or not. To overcome this drawback, many campaigns and orientation are being taken by the legal aid programs including the drives in different states, workshops in schools and colleges and collaboration with different organizations. Apart from this, many people feel discriminated against and get scared from filing their cases before the Hon’ble court of India [9]. Moreover, there are advocates who are not willing to assist the legal aid due to less salary package, and lack of motivation towards their work, creating hurdles for the legal aid and hopeless citizens. Due to which, it has to face problems related to budget for leading the programs and could not fulfil the demands for services. To overcome these challenges, the government needs to gather proper resources including fundings and a good management procedure.
Sometimes due to difficult circumstances, the process to seek justice becomes slow and steady leading to delays to get assistance from the team of legal aid. For a fast procedure, the process of documentation needs to be done quickly and the paperwork should be reduced, resulting in better coordination between the members. The modern technology and digitalization of several things helped in a quick procedure of legal aid[10].
Those people who belonged from a rural area had faced a lot of problems because of their
different linguistic barriers, transportation, traveling expenses and cultural differences. So, these problems should be handled with care and the legal aid system should be easily accessible to each and everyone living in the country. Moreover, the power of Lok Adalat is less as compared to civil courts. The proceedings are not followed properly, and they cannot force the parties to present themselves in the court. It had also been seen that the parties did not represent themselves in the court of law, leading to delay in the hearings and judgment[11].
CONCLUSION
The government plays an important role in providing justice to all from educating them their fundamental rights to spreading awareness about Free legal aid in India. It is one of the helping hand for the disadvantaged people who by themselves cannot afford an advocate to fight for themselves so legal aid helps these people in getting justice without any obstruction. Though getting Justice is a Fundamental right of everyone and nobody can snatch it from anyone, even it is trying its best to fulfil the objective of Legal aid by helping in filing PIL or the landmark judgments that has a significant role in providing justice to people.
Even the Judiciary should focus on the increasing number of haves and have nots so that the Proletariat should get fair and equitable justice. Thus, focusing on the effectiveness and implementation of the proper laws and guidelines which are most essential. Additionally, the Alternate Dispute resolution method should be implemented in a proper way so that the procedure could be easily done without requiring further appeal in court saving both time and money. Though it may have several loopholes in it, still it is a boon for the citizens of our country to get justice in a simpler way. By the contribution of each and every person out there, the main objective of legal aid could be fulfilled by providing social justice and equality creating a nation where everything will be more feasible, inclusive, fair and reasonable to live.
Author(s) Priya Bisht (Symbiosis Law School, Nagpur)
References-
[1] Prabhjot Singh Chahal, ‘Legal Aid in India: Enhancing Access to Justice for All (2024) 6 (2) IJFMR
<https://www.ijfmr.com/papers/2024/2/14836.pdf> accessed 11 July 2024
[2] The Constitution of India Art 39 (A)
[3] Tanmaya kshirsagar, ‘Legal Aid and access to Justice Initiatives and Importance’ (2023)
<https://www.drishtijudiciary.com/blog/detail/legal-aid-and-access-to-justice-initiatives-and-importance> accessed 11 July 2024
[4] Ibid 2
[5] Hussainara Khatoon v. State of Bihar (1980) 1 SCC 98
[6] Khatri v. State of Bihar AIR 1981 SC 262
[7] Suk Das v. Union of territory of Arunachal Pradesh AIR 1986 SC 262
[8] Dr. G. Mallikarjun, ‘Legal Aid in India and the Judicial contribution’ (2013)
<http://www.commonlii.org/in/journals/NALSARLawRw/2013/13.pdf> accessed 12 July 2024
[9] Ipleaders, ‘Challenges and Solutions to free legal aid’ (29 November 2020)
<https://blog.ipleaders.in/challenges-solutions-free-legal-aid/> accessed 13 July 2024
[10] Ibid 5
[11] Prince Nirala, ‘The role of Legal Aid and access to Justice in a Democratic Society’ (Ipem group of institution 8
June 2023) <https://blog.ipemgzb.ac.in/role-of-legal-aid-and-access-to-justice-in-a-democratic-society/> accessed 14 July 2024
