Similarity Report ID: oid:26404:33661455

PAPER NAME

MAIN JURIS.pdf

WORD COUNT CHARACTER COUNT

3668 Words 18909 Characters

PAGE COUNT FILE SIZE

17 Pages 225.3KB

SUBMISSION DATE REPORT DATE

Apr 6, 2023 11:11 AM GMT+5:30 Apr 6, 2023 11:12 AM GMT+5:30

9% Overall Similarity
The combined total of all matches, including overlapping sources, for each database.
6% Internet database 1% Publications database
Crossref database Crossref Posted Content database
4% Submitted Works database

Excluded from Similarity Report

Bibliographic material Quoted material
Cited material

Summary
 RESEARCH PROJECT

On
LEGAL AID AS A TOOL OF ACHIEVING JUSTICE
1
Submitted to

MAHARASHTRA NATIONAL LAW UNIVERSITY,

AURANGABAD

Submitted by
SANA MARIYAM

B.A.LL.B. (Hons.) Semester- II

Roll no. 2022/BALLB/82
JURISPRUDENCE AND LEGAL THEORY

1
Under the guidance of
Mr PRAFULLA LELE
Assistant Professor of Law
Maharashtra National Law University, Aurangabad

1
DECLARATION

This declaration is made at Aurangabad that this project is prepared and drafted by me, Sana
Mariyam.

It contains the project work that was assigned to me during my 2nd Semester period, and

successfully accomplished from my side.

This project is a sincere attempt at compilation of the aforementioned work.

This has not been submitted, either in whole or in part, to any other Law University or

affiliated Institute under which any University is recognized by the Bar Council of India,

for the award of any other law degree or diploma, within the territory of India.

SANA MARIYAM

2022/BALLB/82

2
9
INDEX

SR. NO. TITLE PAGE NO.

1 INTRODUCTION 7

2 WHAT IS LEGAL AID? 8

3 THE IMPORTANCE OF LEGAL AID IN 10

ACHIEVING JUSTICE

4
4 LEGAL AID AND ACCESS TO JUSTICE 11

5 THE ROLE OF LEGAL AID IN CRIMINAL 12

CASES

6 LEGAL AID PROVIDERS 13

7 CHALLENGES WHILE PROVIDING LEGAL 14

AID

8 IMPACT OF LEGAL AID ON SOCIETY 15

9 CONCLUSION 16

10 REFERENCES 17

3
ABSTRACT
Upholding justice is an essential tenet of any respectable community. It's crucial for
maintaining social harmony and tranquilly. To ensure that everyone is handled equally before
the law, the legal system was established. However, the judicial system may be inaccessible to
those who lack the financial means to employ an attorney. In such situations, it is often vital to
have access to legal representation in order to seek and receive justice.

4
A.1.SIGNIFICANCE OF THE STUDY

15
The possibility for this study to shed light on the function of legal aid in ensuring that everyone
has access to the justice system is what makes it so important. By delving into the role of legal
aid, the benefits it offers, and the constraints it imposes, this study can contribute to a more
nuanced understanding of the challenges faced by those without access to legal counsel.
Furthermore, the results of this study can be used to stress the significance of consistently
funding legal assistance organisations. This can lead to new regulations and better access to
legal representation. This study has implications for those who provide legal aid, those who
practise law, those who create policy, and those who seek legal representation. It can provide
insight into both the benefits of legal aid and the challenges encountered by those who rely on
16
it. Collectively, the findings of this study can contribute to the current debate over universal
4
access to justice and the value of legal representation. One method to create a more fair and
just society is to guarantee everyone, regardless of their means, access to legal counsel.

6
A.2.OBJECTIVES OF THE STUDY
The purpose of this research is to gain a better understanding of how legal aid contributes to a
more equitable judicial system. This effort will investigate the value of legal aid and its
5
potential drawbacks, with the ultimate goal of expanding access to justice for all.

A.3 CONTEMPORARY LEGAL RELEVANCE

Today, more than ever, having access to legal counsel is crucial to achieving social fairness.
Even though access to the legal system is a basic human right, many individuals still cannot
afford legal representation. Since criminal law is currently one of the most pressing areas of
law, having competent legal counsel is essential. Those who are suspected of a crime but cannot
afford legal representation run the risk of an unfair trial and a potential wrongful conviction.
The availability of legal counsel is greatly aided by legal assistance programmes.
Representation by an attorney is equally important in private law. If people cannot afford legal
representation, they may be unable to use the legal system to resolve urgent problems, such as
those involving their families, their homes, or their jobs. This could lead to even greater
inequality.

5
A.4.RESEARCH QUESTIONS

1. How might expanding access to legal assistance in low-income communities help?

2. How effective and efficient are legal aid services in comparison to other means of giving
legal representation?
3. How much room is there for adjusting rules and procedures to improve low-income people's
access to legal aid?

A.5.STATEMENT OF PROBLEM

As a means of achieving justice, legal aid has its drawbacks because it frequently prevents low-
income people from getting representation, which leads to an unbalanced power dynamic.
Providing adequate legal counsel to those who need it most can be difficult because legal aid
providers often have limited funding and tools. This discrepancy has the potential to result in
unjust decisions, false judgments, and the denial of fundamental liberties.

A.6.HYPOTHESIS

1. Providing legal aid services to low-income people and vulnerable groups can help
create a more just and equitable legal system by increasing access to justice and
protecting fundamental human rights.

2. The fairness and efficiency of the criminal justice system are profoundly affected by
the accessibility and quality of legal aid services for low-income clients.

A.7.RESEARCH METHODOLOGY
Only supplemental materials were used in the study. Reading and analysing preexisting
materials, such as papers, reports, and case studies about legal aid, is called secondary research.

A.8.SCOPE AND LIMITATIONS OF THE STUDY

Legal aid systems and services may vary by jurisdiction, and this study may not be able to
include all areas of the world due to resource constraints. Due to a lack of data and information
on legal aid programmes and their effect on obtaining justice, the study may have limitations.

6
INTRODUCTION

The law should apply equally to everyone, regardless of their background, socio-economic
status, or the colour of their skin. Unfortunately, the justice system often excludes people who
cannot afford legal representation, creating an unfair power dynamic. This disparity has the
potential to lead to unfair verdicts, incorrect punishments, and the denial of basic human rights.
If you cannot afford a private attorney, you may qualify for legal aid services that will provide
you with representation at no cost or a greatly reduced fee. Access to justice, minority rights,
and the credibility of the judicial system are all bolstered by legal assistance initiatives. It would
be difficult to overstate the importance of legal assistance services in achieving justice in the
modern era. Despite the obvious benefits, many people, especially those from economically or
socially disadvantaged backgrounds, encounter substantial barriers when attempting to secure
legal aid. Lack of cultural competence and sensitivity, as well as money and material
limitations, can all contribute to making these difficulties even more difficult to overcome. This
research aims to shed light on the current effectiveness of legal aid in helping those from
disadvantaged backgrounds to access the judicial system. The purpose of this research is to
contribute to ongoing initiatives to increase people's access to justice and protect fundamental
human rights by examining the challenges faced by legal aid organisations and suggesting
solutions to these problems.

7
WHAT IS LEGAL AID?

18
If you cannot afford a lawyer or other form of legal help, you may be eligible for legal aid.
This assistance might be provided at no cost or for a nominal fee. To guarantee that people
from all socioeconomic backgrounds have equal access to the courts, legal aid programmes are
established. Many different kinds of legal help fall under the umbrella of "legal aid," but some
examples include consultations with an attorney, counsel in court, help filling out paperwork,
and more. Government agencies, charity organizations, and private attorneys who donate their
13
time also offer low- or no-cost legal services. People from low-income backgrounds,
underrepresented groups, and refugees who are trying to navigate the legal system face
significant barriers and could benefit greatly from legal aid programmes. Legal aid
organisations' provision of legal help to these populations can aid in the advancement of social
justice, the defence of basic human rights, and the maintenance of a just and impartial judicial
system.

Advantages of Receiving Legal Aid

There are many advantages to receiving legal assistance, including the following:
1. Guaranteeing access to justice for all by eliminating financial barriers to hiring an
attorney.
2. Providing legal counsel to those who would be at a significant disadvantage without
it. aiding in the avoidance of wrongful sentences and other injustices caused by
judicial incompetence.
3. By facilitating the early resolution of disputes, we can relieve some of the pressure
imposed on the judicial system.

Constraints imposed by legal aid

Despite the numerous advantages it offers, legal assistance is subject to certain constraints,
including the following:
1. It's possible that groups that offer free legal advice won't have the means to do so if
they can't raise more money.

8
2. Legal aid programmes are extremely under-resourced in some areas. Legal aid groups
can only take on a certain type of case due to funding restrictions.

9
THE IMPORTANCE OF LEGAL AID IN ACHIEVING JUSTICE

Achieving justice is facilitated by legal aid because it guarantees that all people, regardless of
their financial standing, have access to legal counsel and support on an equal basis. The
importance of lawyers in the pursuit of justice can be seen in a variety of contexts:

2
1. Legal assistance ensures that everyone, regardless of their financial situation, has equal
access to the courts. The term "equality before the law" refers to the fact that everyone
is afforded the same chance at resolving legal disputes regardless of their financial
resources. Individuals' rights are ensured throughout the duration of the legal process
with the help of legal representation.

2. Its purpose is to prevent people from being unfairly prosecuted or convicted because
they cannot afford competent legal counsel. legal aid can help level the playing field
when it comes to power dynamics between people and institutions. It helps ensure that
people have access to legal representation to safeguard their rights and deters
institutions from abusing their authority or acting illegally.

3. Legal aid programmes make it possible for people to get legal help and
representation, which is a key factor in lowering the chances of wrongful convictions
and other injustices. It can also help fix bigger problems in the justice system that, if
left alone, could lead to unfair outcomes.

Most of the time, getting legal help is one of the most important things you can do to get
8
justice. It is also very important for the rule of law and for protecting people's rights. Having
access to justice and a lawyer.

10
3
LEGAL AID AND ACCESS TO JUSTICE

Without legal help, it would be almost impossible for people with low incomes to use the court
10
system. Access to justice is a basic human right, and giving legal help helps make sure that this
right is respected. Legal aid programmes help people who would otherwise be unable to pay
for assistance, advice, and help from an attorney. This group is made up of people who are
economically poor, socially excluded, or who face other problems because of how the justice
system is set up. Having access to a lawyer can be very helpful in many situations, such as
housing disputes, visa problems, and family law cases. In these kinds of cases, people who
don't have good legal representation are especially likely to lose loved ones and property, which
can be very sad. Legal assistance groups are very important to the community because they
teach people about their legal rights and how to get justice.

As a result, people can learn to effectively fight for themselves and see that their rights are
2
protected. To ensure that everyone, regardless of their financial standing, has equal access to
the justice system, legal assistance must be made available to those who need it. It helps
14
guarantee that everyone's legal rights are upheld in the same way for everyone, regardless of
their socio-economic status.

11
THE ROLE OF LEGAL AID IN CRIMINAL CASES

Since people facing criminal charges risk losing their freedom or even their lives, they must
have access to legal counsel. The following are some of the many ways in which legal
representation can help in judicial proceedings:
5
1. Access to legal representation is crucial to a fair trial, and legal aid guarantees that people
facing criminal charges have that opportunity. Having legal counsel is crucial to guarantee
a person a fair hearing. Defendants' rights must be protected throughout the entire legal
process, and legal aid plays a crucial part in doing just that.
2. One of the main roles of legal aid is to protect against wrongful convictions by ensuring
that people have access to legal representation and assistance. Lawyers employed by legal
aid groups can look into the claim, gather evidence, and take other measures to protect the
defendant's rights.
3. Putting an end to imbalances of power People engaged in criminal cases may be at a
significant disadvantage when the state is acting as the prosecutor. Legal assistance helps
even the odds by giving defendants access to attorneys. This, in turn, aids in preventing
authority abuses and ensuring that justice is served.
4. The right to legal counsel is essential in protecting the human rights of those facing
criminal charges. Organizations that offer legal aid employ attorneys who can prevent their
clients from suffering torture, harsh or inhumane treatment, or other abuses of their human
rights. Criminal defence legal assistance is crucial because it prevents innocent people
from being convicted, corrects power imbalances, and safeguards human rights.

In conclusion, having access to legal counsel is crucial in judicial proceedings. To ensure that
justice is served in criminal cases and that no one is wrongfully convicted or otherwise
mistreated, everyone must have access to legal counsel.

12
LEGAL AID PROVIDERS

Providers of legal assistance are those who volunteer their time and resources to help those
who cannot afford private legal representation. Legal aid providers come in many shapes and
sizes, from non-profits to law companies to pro bono attorneys to government-funded
initiatives.
1. A non-profit legal aid company is a common form of provider for legal aid services.
Legal aid groups like these rely heavily on private donations, government funding, and
other forms of philanthropy to operate. Their fields of expertise may be limited, and
there may be strict requirements to meet to retain their services (for example, in family
law or immigration law).
2. Legal assistance services can also be provided by private law firms and solo
practitioners. These can be given through government-funded programs, or on a pro
bono basis, where attorneys volunteer their time and expertise for free or at a reduced
rate. When lawyers offer their services pro bono, it means they do so for free or at a
greatly reduced fee.
3. The government in some countries may take the initiative to offer its citizens access to
legal assistance. Clinics providing legal counsel, public defenders, and government-
funded initiatives all fall under this category. Recipients of such programmes are
usually those who fit the criteria for receiving them, such as those who live in low-
income areas or are facing criminal charges.

Legal aid groups play a significant role in ensuring that people have access to legal counsel
and representation. Justice should not be reserved for the wealthy, and these organisations and
individuals are fighting to make that a reality for all people.

13
CHALLENGES WHILE PROVIDING LEGAL AID

Although providing legal aid is an essential service because it guarantees that everyone has
access to justice, legal aid workers face several challenges in doing their jobs. The following
are examples of some of the more formidable challenges:
1. Organizations that provide legal aid rely on financings such as grants, donations, and
government grants and contracts to be able to operate and provide their services.
However, during times of economic instability, when resources are scarce, groups that
offer legal aid may struggle to meet the high demand for their services.
2. Limiting eligibility requirements may make it challenging for some people in need of
legal aid to access the services of providers who offer such aid. For instance, some
service providers may restrict their aid to low-income families or people with particular
legal issues.
3. People who live in remote or rural places may not be able to get legal help because it
may not be easy to get these services from where they live. Because of this, it may be
harder for them to find a lawyer to help them. This is a big problem in places where
transportation and communication aren't good. Legal aid groups may not be able to
help as many people or provide as good of services as they would like because they
don't have enough money.
4. Not knowing what to do, Many people might not know about the legal aid services
that are available to them or how to use them. This can make it hard for people to get
the help they need from legal aid groups because it limits the services they can give.

7
Legal aid providers play an important part in making sure that people have access to the
justice system, but they face several problems that can make it hard for them to do as much
and as well as they would like. Legal help groups, the government, and other groups with an
interest will need to work together to solve these problems. This will help make sure that
everyone has a chance to get the help they need from the law.

14
IMPACT OF LEGAL AID ON SOCIETY

1. Legal aid makes sure that people from all walks of life and income levels can use the
court system. It also has far-reaching effects on society as a whole. Here are some of
the most important effects of legal aid schemes that help people get access to justice:
2. Legal aid schemes help make the legal system fair and equal by making sure that
everyone has access to legal counsel and help. This is done by making sure that
everyone has the right to help and advice from the government. This makes sure that
everyone, no matter where they come from, has the same chance to protect their rights
and interests in a court of law.
3. Court aid is given to make sure that people who would otherwise be left out of the court
system or pushed to the side have access to lawyers and help. This is one way that
having access to a lawyer helps the cause of social justice. This helps make sure that
the legal system meets the needs of everyone, not just those who can pay for legal
advice. Access to legal counsel and support for those facing legal procedures is crucial
in preventing abuse of power by those in positions of authority. As a result, there is less
chance that people will misuse their authority. That way, the state and other strong
actors can't abuse their position because the rules apply equally to everyone.
4. Legal aid helps keep societal expenses down by preventing minor legal issues from
becoming major social issues. This is achieved by avoiding further legal complications.
By providing free or low-cost legal representation and advice to low-income people,
legal aid organisations can help alleviate societal problems like homelessness, family
breakdown, and poverty.
5. A healthy and functioning democracy cannot survive without access to legal
representation. This is useful for shoring up democratic systems. Access to justice for
17
all is essential to the development of the rule of law, democratic principles, and human
rights, and legal aid facilitates this.

Fairness, equality, social justice, and social equality are all democratic ideals that benefit
greatly from access to legal representation. A just and equitable legal system relies on all
3
parties being able to have access to adequate legal counsel and support. This is so because
3
it guarantees everyone the right to adequate legal counsel and protection.

15
CONCLUSION

11
In conclusion, legal aid programmes are an important tool for ensuring that people from all
walks of life have equal access to the justice system. This is so because having access to legal
representation and ensuring that everyone has a fair trial are two of the most important goals
12
of legal aid programmes. By providing low-cost or free legal assistance to those who cannot
afford it on their own, legal aid agencies contribute to the fair and equitable operation of the
legal system. The playing ground is thus levelled for all players. While there are certainly many
positives to providing legal aid services, there are also many limitations that must be removed
to ensure that everyone can have access to counsel when they need it. Legal aid providers face
several obstacles, including a lack of cultural awareness and competence as well as limited
funding and resources. Nonetheless, by maintaining our efforts to enhance legal aid services
and deal with these obstacles, we can continue to promote access to justice and safeguard basic
human rights. By recognising the importance of legal aid services as a tool for achieving justice,
we can work towards creating a legal system that truly serves the needs of all people and
supports social justice. Doing so would be a move in the direction of realising social justice.

16
REFERENCES

1. https://www.legalserviceindia.com/legal/article-5580-legal-aid-in-india.html
2. https://www.americanbar.org/groups/legal_services/publications/techtips/legal-aid-
and-access-to-justice/
3. http://www.commonlii.org/in/journals/NALSARLawRw/2013/13.pdf
4. https://www.lsc.gov/media-center/publications/importance-legal-aid
5. https://journals.sagepub.com/doi/full/10.1177/2322005818812612
6. https://www.researchgate.net/publication/362908883_IMPORTANCE_OF_LEGAL_
AID_IN_THE_WAY_OF_JUSTICE_IN_INDIA
7. https://documents1.worldbank.org/curated/en/592901569218028553/pdf/A-Tool-for-
Justice-The-Cost-Benefit-Analysis-of-Legal-Aid.pdf
8. https://www.unodc.org/documents/justice-and-prison-
reform/LegalAid/Global_Study_on_Legal_Aid_-_FINAL.pdf

17
 Similarity Report ID: oid:26404:33661455

9% Overall Similarity
Top sources found in the following databases:
6% Internet database 1% Publications database
Crossref database Crossref Posted Content database
4% Submitted Works database

TOP SOURCES
The sources with the highest number of matches within the submission. Overlapping sources will not be
displayed.

coursehero.com
1 3%
Internet

Florida Virtual School on 2023-03-01

2 <1%
Submitted works

Kingston University on 2021-04-13

3 <1%
Submitted works

eujournal.egerton.ac.ke
4 <1%
Internet

De Montfort University on 2021-02-26

5 <1%
Submitted works

University of Kansas on 2021-08-25

6 <1%
Submitted works

Aspen University on 2021-02-23

7 <1%
Submitted works

humanrightsinitiative.org
8 <1%
Internet

Sources overview
 Similarity Report ID: oid:26404:33661455

slideshare.net
9 <1%
Internet

Distance Learning Centre on 2023-01-14

10 <1%
Submitted works

RMIT University on 2022-02-17

11 <1%
Submitted works

University of Colorado, Denver on 2019-09-27

12 <1%
Submitted works

bills.com
13 <1%
Internet

Distance Learning Centre on 2022-02-14

14 <1%
Submitted works

americanprogress.org
15 <1%
Internet

ncbi.nlm.nih.gov
16 <1%
Internet

unafei.or.jp
17 <1%
Internet

American University on 2008-11-30

18 <1%
Submitted works

Sources overview