Author: Shubhangi Raj, Banasthali Vidyapith
INTRODUCTION: THE NEED OF LEGAL AID
One important factor that influences how our society runs is the law. It may not always be apparent to us, yet it is an essential part of our everyday existence. The law plays a complex and extensive role in society; it is not just a set of rules and regulations but also the foundation upon which modern human civilizations are constructed. In addition to supporting economic success, opposing discrimination, and advancing equality, it acts as an arbitrator of disputes, a defender of individual rights, an advocate of justice and fairness, and an advocate of order and stability.
But, In the last fifty years, our nation has gradually changed from a place where the typical middle-income individual or business owner could typically find reasonably priced legal services when they needed them to one where ordinary people now find it difficult to afford legal guidance and lawyers frequently make jokes about not being able to pay for their services if the need appeared.
Therefore, Free legal aid is the provision of legal services in civil and criminal cases at no cost to underprivileged and marginalized individuals who are unable to pay for advocacy throughout the handling of their case or legal procedure in any court, tribunal, or authority.
LEGAL AID SERVICES IN INDIA
One aspect of legal services is giving free legal aid to underprivileged groups in society who meet the requirements of Section 12 of the Legal Services Authority Act of 1987. It also involves organising Lok Adalats for the peaceful resolution of unresolved or outstanding disputes through compromise and disseminating legal literacy through legal awareness camps, print and digital media, and legal awareness camps. When it comes to any issue that is especially important to the most vulnerable members of society, NALSA also takes the required actions through social action lawsuits. Legal services also include helping individuals receive benefits under different laws, regulations, and initiatives of the government.
The National Legal Services Authority (NALSA) is in charge of these services, which are governed by the Legal Services Authorities Act of 1987.
In addition to helping beneficiaries access benefits under welfare statutes and schemes created by the federal government or state governments, free legal services also involve advising and supporting them in any other way to guarantee their access to justice.
The Legal Services Authorities Act, of 1987, Section 2(c) defines “legal services” as any assistance for handling a case or other legal procedure before a court, authority, or tribunal, as well as the provision of legal advice.
ELIGIBILITY AND LEGAL AID CLINICS
People who are economically disadvantaged, members of marginalised communities, women, children, and other vulnerable groups are typically the ones who receive legal help. As per the provisions of Section 13 (1) of the Act, an individual who meets the requirements outlined in Section 12 is eligible to obtain legal services, as long as the relevant Legal Services Authority is convinced that the said individual has a valid cause to prosecute or defend the matter. Therefore, there is no restriction on the kind of circumstances for which one may or may not apply. As long as the person meets the requirements for eligibility outlined in Section 12 of the Act, all types of situations are covered.
Also, each state may have a different eligibility requirement and number of legal aid clinics have been established across the nation to offer pro bono legal aid. These clinics are usually run by lawyers and paralegals.
OBSTACLES AND AWARENESS OF LEGAL AID
In India today, the legal aid movement is fragmented, inconsistent, and lacks coordination. There’s not enough participation. The idea that everyone should have equal access to the courts has practically disappeared. The objectives set and the results attained differ greatly from one another. One law firm said in a recent survey, “We are too busy trying to survive to do pro bono work anymore.”
For many different reasons, lawyers choose not to take part in pro bono work. There are not enough financial resources. Social education was not a part of legal education in the past. Because of this, neither they nor their colleagues understand or value their position, and professionals seldom deal with members of the public who need legal assistance.
Legal aid is also significantly hampered by illiteracy. It is now well acknowledged that more than 70% of people who reside in rural areas lack literacy, and that even more of them are ignorant of their legal rights. The rights and benefits of the poor are exploited and denied due to a lack of legal knowledge.
Lack of awareness of the availability of such legal aid is one of the factors contributing to a weak institutional framework. It often happens that the accused person is not aware that they are entitled to legal assistance. The idea that such a free service is of low quality is another major issue. There are not enough lawyers employed by the legal service authority, and even if some are, they will not have the funds to offer meaningful support.
Additionally, there are insufficiently efficient systems in place within the current legal aid system to monitor, evaluate, and report on the effectiveness of the assistance provided to intended recipients. The efficient provision of legal aid services is significantly limited by the infrastructure unavailability of real-time monitoring of legal aid cases by responsible court authorities, although the Legal Aid Defence Council System’s adoption represents a significant advancement.
THE FUTURE OF LEGAL AID SERVICES IN INDIA
It’s essential to keep in mind that the government, the legal community, civil society organisations, and the changing requirements of the populace will all determine the priorities for legal aid in India in the future. Ensuring equal accessibility to justice for all individuals, particularly those who are economically disadvantaged or encounter obstacles in utilizing the legal system, shall always be the ultimate objective.
CONCLUSION
To guarantee fair access to justice and defend the rights of all citizens, particularly those who are economically disadvantaged, legal aid is an essential part of India’s legal system. Ensuring justice for everybody and maintaining the rule of law are made possible in large part by the legal aid system.
Legal aid is crucial for guaranteeing that everyone has access to justice, irrespective of their financial or other disadvantages. Article 39A of the Indian Constitution, which highlights the significance of equal access to justice, enshrines it as an essential part of the country’s legal system. In order to ease its implementation, the Legislative Services Authorities Act, of 1987 established the National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs), which together provide the legislative basis for the provision of free legal aid in India.
Legal aid is still an important tool for safeguarding the rule of law, preserving everyone’s rights, and achieving social justice. The expansion and evolution of legal aid programmes contributes to the establishment of a fairer and more egalitarian society in India.
FAQs
Is the legal aid services present in every state?
Yes, Under Section 6 of the Legal Services Authorities Act, 1987, a State Legal Services Authority (SLSA) is established for each State and Union Territory. The Chief Justice of the State’s High Court serves as the Patron-in-Chief of the SLSA.
Is free consultation a part of free legal aid?
Yes, Free legal aid also provides free consultation to those who are poor and needy.
Do we need to pay any amount at any stage of trail or court proceedings while getting free legal aid services?
No amount is required to pay at any stage of a court proceeding if a person is getting free legal aid services.
Is free legal aid available only for subordinate courts in India?
No, free legal aid services are available for every court in India being it supreme court, high court of any state or any district court. A person can apply for free legal aid in any of the concerned SLSA, SCLSC or at any other legal services authority.
