Assignment of Law and Poverty

TOPIC:Legal Aid in India

Submitted By

Name: MD JUNAID RUB : B.A.LLB. (HONS)

Regular

Roll Number: 30

Semester: Third (2022-2027)

Supervised by –

Dr.Rasheed CA Professor,(Law and Poverty)

Faculty of Law

Jamia Millia Islamia, New Delhi

 INTRODUCTION

Legal aid is designed for people who cannot afford to pay a lawyer to defend
themselves in court. Legal aid is a government program that provides help,
advice, and representation to those who cannot afford it. Free legal aid is every
Indian’s fundamental human right according to the Indian Constitution. The
National Legal Services Authority regulates this component of legal services. It
guarantees help to the poorer parts of society who fall under section 12 1of the
Legal Services Authority Act, 1987. Legal help to the poor, weak, and illiterate
is required for the rule of law to exist. Poor, illiterate people are denied access to
justice unless they are given legal counsel.

The Indian Constitution requires the court to be independent and impartial. As a

result, courts are accountable for upholding the Constitution and protecting
citizens’ rights, regardless of their financial circumstances. Legal aid in India is
a pivotal aspect of ensuring equitable access to justice for all, irrespective of
socio-economic status. Rooted in the principle that legal assistance is a
fundamental right, it serves as a beacon of hope for those unable to afford legal
representation. The concept of legal aid encompasses a wide array of services,
ranging from providing counsel and representation in court proceedings to
facilitating alternative dispute resolution mechanisms. In a diverse and dynamic
nation like India, where disparities in wealth and opportunity are prevalent,
legal aid stands as a cornerstone of democracy, fostering inclusivity and
upholding the rule of law. This introduction sets the stage for a deeper
exploration into the intricacies, challenges, and transformative potential of legal
aid within the Indian context.

1
Legal Services Authority Act, 1987
 Objectives of Legal Aid

The objective of legal aid lies in bridging the gap and making legal services
accessible to all segments of our society. Its core aim is to protect the rights and
interests of people. Legal aid is a step by which weaker sections of our country
can become strong and enable themselves to live with confidence.

The concept of legal aid is made such that no one feels like they are treated
separately. There are many negative aspects of the society because of which
some have remained underprivileged – the objective of providing legal aid is the
upliftment of one and all.

The three-A guide on the framework is mentioned below.

Awareness: People are empowered when they are aware of their rights and
power and learn how to secure these rights for themselves.
Assertion: Encourage those people to assert those rights as a “right” and not as a
favour.
Arrangements: Once objectives 1 and 2 are achieved, it is the responsibility of
the State to make the necessary arrangements. It must ensure that these rights
are given to those who claim them in a fair and just manner.

Types of Legal Aid Fund

The following are the three different types of legal aid fund in India

Grants by the Central Government (National Legal Aid Fund): The Central
Government shall make grants to the Central Authority to carry out the purposes
of legal aid in the amount it deems fit.2
State Legal Aid Fund: Established by State Authority3

2
Article 39A of the Constitution of India
3
Legal Services Authority Act, 1987
District Legal Aid Fund: Established by District Authority4

Types of Legal Services

Legal services can be divided into two types; pre-litigation services and post-
litigation services.

With each passing day, the number of lawsuits is on the rise, which poses a risk
to the smooth administration of justice. Before now, the emphasis has been on
post-litigation assistance or help. However, this focus is changing as it becomes
apparent that pre-litigation legal services are of greater value than post-litigation
legal services.

Pre-litigation services include:

Legal education
Legal advice
Legal awareness
Pre-litigation settlement
The incorporation of legal aid puts forth challenges and opportunities to the
legal community. Let’s review these in detail.

Benefits of Legal Aid

Legal aid provides support to the underprivileged and weaker sections of our
society. Below are ways in which legal aid has benefitted India’s marginalised
communities: Legal aid offers a multitude of benefits, not only to individuals
but also to society as a whole. Here are some key advantages:

4
Legal Services Authority Act, 1987
1. **Access to Justice**: Legal aid ensures that everyone, regardless of their
financial status, has access to legal representation and advice. This promotes
fairness and equality before the law, preventing discrimination based on socio-
economic factors.

2. **Protection of Rights**: Legal aid helps individuals understand their rights

and navigate complex legal systems. It empowers them to seek redressal for
injustices and ensures that their rights are upheld and protected.

3. **Prevention of Injustice**: By providing legal representation to those who

cannot afford it, legal aid helps prevent wrongful convictions and miscarriages
of justice. It ensures that all parties in legal proceedings have a fair chance to
present their case and receive a fair trial.

4. **Promotion of Rule of Law**: Legal aid strengthens the rule of law by

ensuring that legal processes are accessible, transparent, and fair. It fosters
confidence in the justice system and promotes respect for the law.

5. **Reduced Legal Costs**: By providing free or subsidized legal services,

legal aid reduces the financial burden on individuals involved in legal disputes.
This can prevent individuals from being trapped in cycles of debt or poverty due
to legal expenses.

6. **Resolution of Disputes**: Legal aid facilitates the resolution of disputes

through alternative mechanisms such as mediation and arbitration. This can lead
to faster and more amicable resolutions, reducing the burden on courts and
promoting harmony within communities.

7. **Empowerment of Marginalized Groups**: Legal aid particularly benefits

marginalized and vulnerable groups such as women, children, persons with
disabilities, and minority communities. It empowers these groups to assert their
rights, challenge discrimination, and access essential services.
8. **Promotion of Social Justice**: Legal aid contributes to the promotion of
social justice by advocating for systemic reforms, addressing structural
inequalities, and advancing the interests of marginalized communities.

Overall, legal aid plays a crucial role in promoting a just, equitable, and
inclusive society by ensuring that access to justice is not contingent on financial
means and that the rights of all individuals are respected and protected.

It has increased people’s trust in the fairness of the system

It has made the judicial system accessible to everyone.
It has made the judicial system work more efficiently.
It has empowered citizens by informing them about the different paths besides
post-litigation.
As a result, it has helped in getting better judgments.

Challenges to Legal Aid

Illiteracy and lack of awareness: Legal aid has not yet achieved its goal because
people are still unaware of their rights. Due to not knowing the meaning of legal
aid and a general lack of information, poor people are abused and deprived of
their rights and benefits.
Insufficient financial support: According to sources, only 0.2 per cent of the
GDP (Gross Domestic Product) is spent on the administration of law and justice
in our country. This amount is grossly inadequate and insufficient in a
democracy.
Legal aids have a limitation: There are limitations in covering the total cost
borne by the person. It only covers the deposition charges and lawyer fees, but it
does not cover bribes, transportation costs, and other expenses required at the
ground level.
Who Is Entitled to Receive Legal Aid?
The Indian Constitution states that every person is entitled to receive legal aid.
Indian citizens, irrespective of age, gender, or ethnicity, qualify for legal aid if
they fall under the following categories:
A person belonging to Scheduled Caste or Scheduled Tribe
A woman or a child
People who have been victims of trafficking
A mentally ill or otherwise disabled person
A person under special circumstances
An individual in custody, including custody in a protective home
The person to whom legal aid is provided need not have to pay any money for
the following:

Court fees or any other legal costs related to litigation

Documentation fees (drafting of documents, getting copies, etc.)
Fees of the lawyer

Legal Framework for Legal Aid in India

The articles and laws that have been formulated to make legal aid accessible to
the people in need include:

Article 14
Article 21
Article 22(1)
Article 39(A)
Rule 46 of Bar Council of India
Rules in part-VI
Section 304 of Criminal Procedure Code, 1973
Order 33 of Civil Procedure Code, 1908
The legal framework for legal aid in India is primarily governed by the Legal
Services Authorities Act, 1987. This landmark legislation established statutory
bodies at the national, state, and district levels known as Legal Services
Authorities (LSAs) to provide free legal aid and ensure access to justice for
marginalized and underprivileged sections of society.

Under the Legal Services Authorities Act, the National Legal Services Authority
(NALSA) was established as the apex body to monitor and coordinate the
implementation of legal aid programs across the country. NALSA works in
collaboration with State Legal Services Authorities (SLSAs) and District Legal
Services Authorities (DLSAs) to ensure effective delivery of legal aid services
at all levels.

Key provisions of the Legal Services Authorities Act include:

1. **Eligibility Criteria**: The Act lays down criteria for determining eligibility
for legal aid, ensuring that those unable to afford legal representation are
provided assistance.

2. **Services Provided**: Legal aid encompasses a wide range of services,

including legal advice, representation in court proceedings, alternative dispute
resolution mechanisms, awareness campaigns, and legal literacy programs.

3. **Legal Aid Clinics**: The Act mandates the establishment of legal aid
clinics at various levels to provide frontline legal assistance and advice to those
in need.

4. **Funding and Administration**: The Act provides for the allocation of

funds by the central and state governments for the functioning of LSAs and the
provision of legal aid services. It also outlines the administrative structure and
functions of LSAs.

5. **Role of Judiciary**: The Act empowers courts to identify cases where

legal aid is required and refer such cases to the appropriate Legal Services
Authority for assistance.
6. **Emphasis on Marginalized Groups**: The Act places special emphasis on
providing legal aid to marginalized and vulnerable groups, including women,
children, the elderly, persons with disabilities, and members of Scheduled
Castes and Scheduled Tribes.

Additionally, various Supreme Court judgments and government initiatives

have further strengthened the legal aid framework in India, emphasizing the
importance of ensuring equal access to justice for all citizens. Despite the legal
framework in place, challenges remain in effectively implementing and
expanding legal aid services to reach all sections of society. Ongoing efforts are
needed to address these challenges and enhance the accessibility and
effectiveness of legal aid in India.

Conclusion
Legal aid is an important concept in the Indian legal system that uplifts low-
income and underprivileged members of society by providing free legal
services. It is funded by Central, State, and District-level authorities.

Everyone is entitled to free legal aid, especially women, children, and people
belonging to disadvantaged communities such as Scheduled Caste and
Scheduled Tribe. The service covers court, documentation, and lawyer fees,
allowing poor people the right to a fair trial. However, it does extend to bribes
and transportation costs. Moreover, people need to know the meaning of legal
aid and educate themselves to take advantage of this government program.
In conclusion, legal aid in India stands as a beacon of hope and a pillar of
justice, ensuring that the principles of fairness, equality, and access to justice are
upheld for all citizens, regardless of their socio-economic background.
Enshrined in the Legal Services Authorities Act, 1987, legal aid mechanisms,
spearheaded by bodies like the National Legal Services Authority (NALSA) and
State Legal Services Authorities (SLSAs), strive to provide free or subsidized
legal assistance to those in need.

The benefits of legal aid are manifold. It not only ensures access to justice and
protection of rights but also prevents injustices, reduces legal costs, and
promotes the rule of law. By empowering marginalized groups, resolving
disputes, and advocating for social justice, legal aid contributes to the building
of a more equitable and inclusive society.

However, challenges remain in effectively implementing and expanding legal

aid services to reach all sections of society. Issues such as inadequate funding,
lack of awareness, and bureaucratic hurdles need to be addressed to enhance the
accessibility and effectiveness of legal aid in India.

Despite these challenges, the commitment to legal aid remains steadfast.

Through continued efforts to strengthen the legal aid framework, promote legal
literacy, and address systemic inequalities, India can further advance the cause
of justice and ensure that the benefits of legal aid are accessible to all its
citizens. In doing so, legal aid will continue to serve as a cornerstone of
democracy, fostering inclusivity, upholding the rule of law, and promoting a
society where justice prevails for everyone.

REFERENCES
• http://www.yourarticlelibrary.com/society/problems-of-communalism-in-
india-
essay/4091/
• http://www.sacw.net/article2760.html
• www.jstor.org. Reference
•
https://unacademy.com/content/upsc/study-material/law/legal-aid/#:~:text=Lega
l%20aid%20is%20a%20government,this%20component%20of%20legal
%20services.