Beruflich Dokumente
Kultur Dokumente
Submitted by -
Komal Prasad Yadav
LL.M, NET
Faculty of law
University of Lucknow
Lucknow
INTRODEUCTION
We can define legal aid as free legal assistance to the poor persons in any
judicial proceedings before the court or Tribunals.
We can find the earliest legal aid movement appears to be of the years
1851 when some enactment was introduced in France for providing legal
assistance to the indigent. In Britain the history of the organized efforts an the
part of the state to provide legal services to the poor and needy dates back to
1944 When Lord chancellor Viscount Simon appointed Rushcliffe committee to
enquire about the facilities existing in England and Wales for giving legal
advice to the poor and to make recommendation as appear to be desirable for
ensuring that person in need of legal advice are provided the same by the state.
A national wide network has been envisaged under the act for
providing legal aid and assistance National Legal Service Authority is the Apex
Body Constituted to lay down policies and principles for making legal services
available under the provisions of the act and to frame most effective and
economical scheme for legal services at also disburse funds and grants to state
Legal Services Authorities and NGO,s for implementing legal aid scheme and
programmes.
STATEMENT OF THE PROBLEM
“the greatest revolution in the Law since past second world war has
been the evaluation of the mechanism of the system for legal aid. It means that
in many cases the lawyers fees and expenses are paid for by the state and not by
the party concerned. It is subject of suit importance that I venture to look at the
law. About casts - as it was-as it is – and as it should be.” 4
The covenants of civil & political rights, 1966 provides that in the
determination of any Criminal charge everyone shall be entitled.5
5. Art 14 (3) (d) the covenant of civil & political right 1966
6. Khatri Vs State of Bihar, Air 1981 SC 928.
poor persons fails to enforce their right etc, Because of poverty etc. They may
loose faith in administration of justice and instead of knocking the door of law
and court to seek justice. They may try to settle disputes an the streets or to
protect their rights through muscle power and in such condition there will be
anarchy poor illiterate man is not legally assisted, he is denied equality in the
opportunity to seek justice.
Article 39-A says-“the state shall secured that the operation of the
legal system promotes justice an the basis of equal opportunity and shall in
particular provide free legal aid by suitable legislation or schemes or in any
other way to ensure that opportunities for screening justice are not denied to any
citizen by reason of economic as other disabilities.”
12
K.K. Desai Vs A.K. Desai, “the judicial officers are equally
responsible for the non availability of these benefits to this class of litigants. In
each case where a women or child is a party, it is equally the duty of judicial
officer concerned to let them know that they are entitled to free legal aid.
5. Scott, C.H. : Legal Aid past & presents-A Brief Bleak Picture,
PP,4-5
7. Rao Mamta : Public Interest Litigation, Legal Aid and Lok Adalats
second edition.
9. Menon N.R. Madhav : Legal Aid and Justice for the poor 1988
page-366.
10. Juneja P.C. : “Equal Access to Justice” The Bright Law house
Rohtak 1993-304.
14. Rai Kailash : Public interest Litigation, Legal Aid Lok Adalat.2009
Introduction
CHAPTER-I
CHAPTER-II
CHAPTER-III
CHAPTER- IV
CHAPTER-V
CHAPTER-VI