BY-RIDDHIMA GROVER, STUDENT OF BHARATI VIDYAPEETH INSTITUTE OF MANAGEMENT AND RESEARCH
INTRODUCTION
Background of the Legal Aid and Advice Act
The Legal Aid and Advice Act became enacted to make certain that everybody, in particular the poor and marginalized sections of society, has identical get entry to to justice. The Act become a reaction to the recognition that many individuals were no longer aware of their rights or could not afford high-priced felony offerings. Legal resource is a constitutional proper in India, supported via Article 21 and Article 39-A of the Constitution. The Act aimed to provide unfastened and ready felony offerings to the weaker sections of society to make certain that possibilities for obtaining justice are not denied to any citizens due to economic or other disabilities.
Introduction to the Amendment Bill 2015
The Legal Aid and Advice (Amendment) Bill 2015 was introduced to similarly amend the present Legal Aid and Advice Act. The Bill proposed to make bigger the scope of felony resource services and growth the availability of criminal useful resource companies. It additionally proposed to establish a National Legal Aid and Services Authority, liable for formulating guidelines and tips for the supply of legal resource and advice.
The Legal Aid And Advice (Amendment) Bill 2015
The Legal Aid and Advice (Amendment) Bill 2015 is a proposed legislation that seeks to amend the existing Legal Aid and Advice Act of 1972. The Bill was first introduced in the Indian Parliament in 2015. The main objective of the Bill is to provide greater access to legal aid and advice for marginalized and vulnerable sections of society, including women, children, senior citizens, and persons with disabilities.
Changes Proposed in the Bill
The Bill proposes several changes to expand the scope of legal aid services and increase the availability of legal aid providers. It proposes to establish a National Legal Aid and Services Authority, which will be responsible for formulating policies and guidelines for the provision of legal aid and advice. It also seeks to establish State Legal Services Authorities in each state to oversee the implementation of legal aid programs at the local level. Another key aspect of the Bill embrace the setting of several legal aid clinics and offices in each and every district of the country and to increase the involvement of Individuals in pre trials , trail and post trial stages of proceedings. The Bill also prefers to compel legal aid as a fundamental right under our constitution
Implications of the Changes
The changes proposed in the Bill have the potential to significantly improve access to justice for marginalized communities in India. By expanding the scope of legal aid services and increasing the availability of legal aid providers, the Bill aims to ensure that every citizen, particularly the poor and marginalized, has equal access to justice. The establishment of a National Legal Aid and Services Authority and State Legal Services Authorities could lead to better coordination and implementation of legal aid programs across the country. The provision of legal aid at all stages of legal proceedings could ensure that individuals are not deprived of their rights due to lack of legal representation. Making legal aid a fundamental right could further strengthen the legal aid system in India.
ANALYSIS
Analysis of the Changes Proposed
The Legal Aid and Advice (Amendment) Bill 2015 proposes several changes to the current law on legal aid and advice. The main objective of the bill is to ensure better access to legal aid and advice for marginalized and vulnerable sections of society, including women, children, the elderly and people with disabilities Through widening the area of legal services and expanding it’s availability, they try to attain their objective. The Bill proposes to establish a National Legal Aid and Services Authority which will be responsible for formulating policies and guidelines for the provision of legal aid and advice.. It also seeks to establish State Legal Services Authorities in each state to oversee the implementation of legal aid programs at the local level.
Potential Benefits and Drawbacks
The potential benefits of the Bill include improved access to justice for marginalized communities in India. By expanding the scope of legal aid services and increasing the availability of legal aid providers, the Bill aims to ensure that every citizen, particularly the poor and marginalized, has equal access to justice. The establishment of a National Legal Aid and Services Authority and State Legal Services Authorities could lead to better coordination and implementation of legal aid programs across the country. The provision of legal aid at all stages of legal proceedings could ensure that individuals are not deprived of their rights due to lack of legal representation. Making legal aid a fundamental right could further strengthen the legal aid system in India.
However, there are also potential drawbacks. For instance, one critique is that while free legal assistance is unquestionably useful to the needy and was established with a good goal in mind, it has proven fertile ground for the spread of corruption. It is normal practice to provide free legal assistance in exchange for a fee.
Comparison with Legal Aid Systems in Other Jurisdictions
Legal aid systems vary significantly across different jurisdictions. For instance, a study comparing the UK, the Republic of Ireland, and the Nordic countries highlights the variety and complexity of legal aid structures in North-West Europe. The research examines decision-making structures, scope and merits criteria, both for civil legal aid and for criminal legal aid and public defender schemes, across nine jurisdictions. Detailed comparison is made between the different schemes, which are evaluated against each other and against the external benchmark of international human rights obligations.
Another report examined legal aid as it operates in a range of countries and set out to explore a number of hypotheses to explain the different levels of expenditure. In addition to England and Wales, the report covered not only other European states such as France, Germany, Netherlands, and Sweden but also Australia, Canada, and New Zealand.
Concluding it , The Legal Aid and Advice Amenedment Bill 2015 promises to improve the accessibility of justice for even marginalized and ignorant communities within India .However, it’s important to consider the potential drawbacks and learn
from the experiences of other jurisdictions to ensure the successful implementation of the Bill.
Public Opinion and Expert Views
Public Opinion on the Bill
The Legal Aid and Advice (Amendment) Bill 2015 has been generally well-received by the public, especially among the marginalized and vulnerable sections of society, including women, children, senior citizens, and persons with disabilities. The Bill is seen as a significant step towards ensuring equal access to justice for all citizens, particularly those who are economically disadvantaged. However, there are also concerns about the potential for corruption in the provision of free legal assistance.
Views of Legal Experts and Scholars
Legal experts and scholars have also expressed their views on the Bill. Many have praised the Bill for its aim to provide greater access to legal aid and advice. They have highlighted the importance of legal aid in ensuring equality before the law and promoting justice based on equal opportunity for every citizen. However, some experts have also raised concerns about the potential for corruption in the provision of free legal assistance.
Conclusion
The Legal Aid and Advice (Amendment) Bill 2015 is a significant piece of legislation that aims to provide greater access to legal aid and advice for marginalized and vulnerable sections of society in India. The Bill proposes several changes to the existing Legal Aid and Advice Act, including the establishment of a National Legal Aid and Services Authority, State Legal Services Authorities, and legal aid clinics in every district of the country.
The Bill has been generally well-received by the public and legal experts, who see it as a positive step towards ensuring equal access to justice for all citizens. However, there are also concerns about the potential for corruption in the provision of free legal assistance.
In conclusion, while the Legal Aid and Advice (Amendment) Bill 2015 has the potential to significantly improve access to justice for marginalized communities in India, it’s important to consider the potential drawbacks and learn from the experiences of other jurisdictions to ensure the successful implementation of the Bill.
