INTRODUCTION

Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal
representation and access to the court system. Legal aid is regarded as central in providing
access to justice by ensuring equality before the law, the right to counsel and the right to a
fair trial.
A number of delivery models for legal aid have emerged, including duty lawyers, community
legal clinics and the payment of lawyers to deal with cases for individuals who are entitled to
legal aid.
Free or inexpensive legal advice, assistance, or representation provided to those who, because
to their financial condition, otherwise would not be able to get. Legal aid schemes usually
require that the matter for which aid is requested must have at least a 50 percent chance of
succeeding in the court. Commonly, legal aid cannot be availed-of where (1) alternative
funding is available to the party requesting it, (2) the case is likely to be heard by the small
claims court, (3) the case involves corporate matters, or (4) involves administration of trusts,
inheritance and wills, and/or land ownership.
Legal Aid implies giving free legal services to the poor and needy who cannot afford the
services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or
before an authority. Legal Aid is the method adopted to ensure that no one is deprived of
professional advice and help because of lack of funds. Therefore, the main object is to
provide equal justice is to be made available to the poor, down trodden and weaker section of
society.

Legal Aid A Part Of Legal Services

Legal service in its literal sense means help, assistance, or free service in the field of law.
Previously the word legal- aid was used in place of legal- service but the Apex Court of India
has time and again asserted that legal aid is not a charity but a paramount duty of a welfare
State. Now legal assistance from State can be claimed as a matter of right, therefore, the word
legal- service is being used in place of legal-aid.
Legal service are of two types:
A) Pre-litigation Legal Service and
B) Post-litigation Legal Services
Pre-litigation Legal Services
It is rightly said that, prevention is better than cure. In these days, the number of litigation is
increasing day by day, which is very dangerous for smooth administration of justice. So far,
emphasis was given only on post-litigation assistance or help but now it is being realised
that pre-litigation legal services are more useful than post-litigation legal services. Prelitigation legal services include:
i) Legal education
ii) Legal advice
iii) Legal Awareness
iv) Pre-litigation settlement etc.
In order to provide pre-litigation services, the voluntary organisations have been encouraged
and boosted by financial support from the State. In law colleges and law faculties in the
Universities, Legal aid clinics have to be established. These clinics would be of immense help
in promoting legal awareness as most of the litigation is often due to ignorance of the people
about their legal rights and duties.

 Post-Litigation Legal Services

Traditionally legal aid has been provided at post-litigation stage. Post litigation legal services
include appointment of lawyer for indigent, reimbursement of process fee, witnesses'
expenditure, court fee etc. by the State.

History Of Legal Aid

Legal aid has a close relationship with the welfare state, and the provision of legal aid by a
state is influenced by attitudes towards welfare. Legal aid is a welfare provision by the state
to people who could otherwise not afford counsel from the legal system. Legal aid also helps
to ensure that welfare provisions are enforced by providing people entitled to welfare
provisions, such as social housing, with access to legal advice and the courts.
Historically legal aid has played a strong role in ensuring respect for economic, social and
cultural rights which are engaged in relation to social security, housing, social care, health
and education service provision, which may be provided publicly or privately, as well as
employment law and anti-discrimination legislation. Jurists such as Mauro Cappelletti argue
that legal aid is essential in providing individuals with access to justice, by allowing the
individual legal enforcement of economic, social and cultural rights. His views developed in
the second half of the 20th century, when democracies with capitalist economies established
liberal welfare states that focused on the individual. States acted as contractors and service
providers within a market-based philosophy that emphasised the citizen as consumer. This led
to an emphasis on individual enforcement to achieve the realisation of rights for all.
Prior to the mid 20th-century, literature on legal aid emphasised collective enforcement of
economic, social and cultural rights. As classic welfare states were built in the 1940s and
following World War II, an underlying principle was that citizens had collective responsibility
for economic, social and cultural rights; and the state assumed responsibility for those unable
to provide for themselves through illness and unemployment. The enforcement of economic,
social and cultural rights was to be collective, through policies rather than individual legal
action. Laws were enacted to support welfare provisions, though these were regarded as laws
for planners, not lawyers. Legal aid schemes were established, as it was assumed that the
state had a responsibility to assist those engaged in legal disputes, but they initially focused
primarily on family law and divorce.

In the 1950s and 1960s, the role of the welfare state changed, and social goals were no longer
assumed to be common goals. Individuals were free to pursue their own goals. The welfare
state in this time expanded, along with legal aid provisions, as concerns emerged over the
power of welfare providers and professionals. In the 1960s and 1970s, demand rose for the
right of individuals to legally enforce economic, social and cultural rights and the welfare
provisions they as individuals were entitled to. Mechanisms emerged through which citizens
could legally enforce their economic, social and cultural rights, and welfare lawyers used
legal aid to advise those on low income when dealing with state officials. Legal aid was
extended from family law to a wide range of economic, social and cultural rights.
In the 1980s, the role of the classic welfare state was no longer regarded as necessarily
positive, and welfare was increasingly provided by private entities. Legal aid was
increasingly provided through private providers, but they remained focused on providing
assistance in court cases. Citizens were increasingly regarded as consumers, who should be
able to choose among services. Where it was not possible to provide such a choice, citizens
were given the right to voice their dissatisfaction through administrative complaints
processes. This resulted in tension, as legal aid was not designed to offer advice to those
seeking redress through administrative complaints processes. Tensions also began to emerge
as states which emphasised individual enforcement of economic, social and cultural rights,
rather than collective enforcement through polices, reduced funding for legal aid as a welfare
state provision. Individual enforcement of welfare entitlement requires the kind of legal aid
funding states emphasising collective enforcement were more likely to provide.

Legal Aid In India:Article 39A of the Constitution of India, provides for equal justice and free legal aid - The
State shall secure that the operation of the legal system promotes justice, on a 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 securing justice are not denied to any
citizen by reason of economic or other disabilities. This Article also emphasizes that free
legal service is an inalienable element of 'reasonable, fair and just' procedure for without it a
person suffering from economic or other disabilities would be deprived of the opportunity for
securing justice. The right to free legal services is, therefore, clearly an essential ingredient of
'reasonable, fair and just, procedure for a person accused of an offence and it must be held

implicit in the guarantee of Article 21 of the Constitution. This is a constitutional right of

every accused person who is unable to engage a lawyer and secure legal services on account
of reasons such as poverty, indigence or incommunicado situation and the State is under a
mandate to provide a lawyer to an accused person if the circumstances of the case and the
needs of justice so required, provided of course the accused person does not object to the
provision of such lawyer. On the other hand, in the civil side, Order of the Code of Civil
Procedure 1908 provided that the state and central governments may make supplementary
provisions at it thinks fit for providing free legal services to those who have been permitted to
sue as an indigent person. The Legal Services Authorities Act, 1987 made drastic changes in
the field of legal services. It is an Act to constitute legal services authorities to provide free
and competent legal services to the weaker sections of the society to ensure that opportunities
for securing justice are not denied to any citizen by reason of economic or other disabilities,
and to organize Lok Adalats to secure that the operation of the legal system promotes justice
on a basis of equal opportunity.
The movement for free legal aid to the poor in India is not a sudden fanciful idea of few
utopian philosophers. We can trace the legal aid Philosophy even in ancient Indian Society,
which is known to have systematically commenced with Vedic age. Therefore, this Chapter
discusses legal aid movement in India from Vedic period to Modem period. It includes the
following subdivisions:
e) Post- independence period
f) Post -Constitution period
h) 42nd Amendment to the Constitution, 1976 and
i) Criminal Procedure Amendment Act, 2005
Post-Independence
On 23 March 1949, Government of Bombay appointed a committee under chairmanship of
Justice N.H. Bhagwati. In its report submitted on 31st October 1949, the Committee made the
following recommendations:

a. Administrative machinery of legal aid should be constituted at four levels namely,

1) State level 2) High Court level 3) District level and 4) Taluka level
b. The Committee suggested two tests for determining eligibility for legal aid, namely i)
Means test and ii) Prima facie test
c. It was further proposed that no aid should be provided in trivial and trifling cases
d. There should be a declaration on oath about "Disposable Income" and "Disposable Capital"
e. There should be a certificate from a respectable citizen or responsible officers regarding his
means
f. A bond should be executed by the party that there is no champerty and he will not make
compromise without consent of Legal Aid Committee
g. There may be cancellation of Legal Aid certificate in certain cases. Finally, the Committee
recommended for:
a) Assignment of lawyers, i.e., every member of Bar should handle at least six cases per year.
b) The lawyer is entitled to get remuneration only after six cases.
c) When assisted party is successful then cost should be credited in Legal Aid Fund and in
case of his failure, cost should be paid out of Legal Aid Fund. The Committee recommended
for "Partial Legal Aid as suggested in the Report of Rushcliffe Committee in England. It had
also mentioned the scope and extent of Legal Aid. Legal Aid may be given to plaintiff and
defendant, complainants, petitioners etc. Legal Aid may be provided in all courts.
Legal Aid includes
a) Court fees b) Process fees c) Diets of witnesses, d) cost of certified copies e) Pleaders fee
etc.

Post-Constitution Period
Indian Constitution which came into force in 1950 sets out social justice, liberty and equality
of status as its main aim. The Fundamental Rights along with the Directive Principles of State
Policy aims to create an egalitarian social order where justice dwells in all walks of life be it,
social, political or economic.

Free Legal Aid in India: The positive Contribution of Judiciary

The Supreme Court of India got a major opportunity to make an emphatic pronouncement
regarding the rights of the poor and indigent in judgment of Hussainara Khatoon vs state of
Bihar where the petitioner brought to the notice of Supreme Court that most of the under
trails have already under gone the punishment much more than what they would have got had
they been convicted without any delay. The delay was caused due to inability of the persons
involved to engage a legal counsel to defend them in the court and the main reason behind
their inability was their poverty. Thus, in this case the court pointed out that Article 39Aemphasized that free legal service was an inalienable element of reasonable, fair and just
procedure and that the right to free legal services was implicit in the guarantee of Article 21.
Two years later, in the case of Khatri v. State of Bihar, the court answered the question the
right to free legal aid to poor or indigent accused who are incapable of engaging lawyers. It
held that the state is constitutionally bound to provide such aid not only at the stage of trial
but also when they are first produced before the magistrate or remanded from time to time
and that such a right cannot be denied on the ground of financial constraints or administrative
inability or that the accused did not ask for it. Magistrates and Sessions Judges must inform
the accused of such rights. The right to free legal services is an essential ingredient of
reasonable, fair and just procedure for a person accused of an offence and it must be held
implicit in the guarantee of Article 21 and the State is under a constitutional mandate to
provide a lawyer to an accused person if the circumstances of the case and the needs of
justice so require. The State cannot avoid this obligation by pleading financial or
administrative inability or that none of the aggrieved prisoners asked for any legal aid.
In Suk Das v. Union Territory of Arunachal Pradesh, Justice P.N. Bhagwati, emphasized
the need of the creating the legal awareness3 Articles 14 and 22(1) of the Indian Constitution.

Universities, Intellectual Property Rights and Spinoffs: A Critical Evaluation 237 to the poor
as they do not know the their rights more particularly right to free legal aid and further
observed that in India most of the people are living in rural areas are illiterates and are not
aware of the rights conferred upon them by law. Even literate people do not know what are
their rights and entitlements under the law. It is this absence of legal awareness they are not
approaching a lawyer for consultation and advise. Moreover, because of their ignorance and
illiteracy, they cannot become self-reliant and they cannot even help themselves. That is why
promotion of legal literacy has always been recognized as one of the principal items of the
program of the legal aid movement in the country. I would say that even right to education
would not fulfill its real objective if education about legal entitlements is not made accessible
to people and our constitutional promise of bringing justice to the door stepsof the people
would remain an illusion.
Justice Krishna Iyer, who is crusader of social justice in India, had rightly said that if a
prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and
statutory right of appeal inclusive of special leave to the Supreme Court for want of legal
assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of
the Constitution, the power to assign counsel for such imprisoned individual for doing
complete justice. It is a statutorily recognized public duty of each great branch of
government to obey the rule of law and uphold the tryst with the constitution by making rules
to effectuate legislation meant to help the poor. Though the law has been enacted to protect
the poor the governments are lazy to implement the enacted law. The same was observed by
Supreme Court in State of Haryana v. Darshana Devi, that "the poor shall not be priced out of
the justice market by insistence on court-fee and refusal to apply the exemptive provisions of
order, CPC. The state of Haryana, mindless of the mandate of equal justice to the indigent
under the magna carta of republic, expressed in article 14 and stressed in article 39A of the
constitution, has sought leave to appeal against the order of the high court which has rightly
extended the 'pauper' provisions to auto-accident claims. Order will apply to tribunals, which
have the trappings of the civil court even court also M.H. Hoskot v. State of Maharashtra
(1978) 3 SCC expressed its poignant feeling that no state has, as yet, framed rules to give
effect to the benignant provision of legal aid to the poor in order xxxiii, rule 9A, civil
procedure code, although several years have passed since the enactment. Parliament is
stultified and the people are frustrated. Even after a law has been enacted for the benefit of
the poor, the state does not bring it into force by willful default.

Legal Aid in India: Statutory Recognition

Though there was a statutory procedure providing free legal aid by appointing the advocate
for defending criminal case and by exempting court fees in civil cases, it was not really
making any significant impact on the ability of the underprivileged people to get the judicial
redressal for their grievances. Hence under tremendous constitutional persuasion from the
Supreme Court the Legal Services Authorities Act, 1987 was passed by the parliament of
India. The Act prescribes the criteria for giving legal services to the eligible persons. It makes
a person eligible for assistance under the act if he is:(a) a member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or begar as referred to in Article 23 of the
Constitution;
(c) a woman or a child;
(d) a mentally ill or otherwise disabled person;
(e) a person under circumstances of undeserved want such as being avictim of a mass
disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f) an industrial workman; or
(g) in custody, including custody in a protective home or in a juvenile home
(h) of in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g)
of section 2 of the Mental Health Act, 1987; or
(i) A person whose annual income less than rupees fifty thousand or such other higher amount
as may be prescribed by the State Government. This limit on income can be increased by the
state governments. Limitation as to the income does not apply in the case of persons
belonging to the scheduled castes, scheduled tribes, women, children, handicapped, etc. Thus
by this the Indian Parliament took a step forward in making the legal aid possible in the
country.
According to the Act the 'court' is a civil, criminal or revenue court and includes any tribunal
or any other authority constituted under any law for the time being in force, to exercise
judicial or quasi-judicial functions. Under the Act 'legal service' includes the rendering of any
service in the conduct of any case or other legal proceeding before any court or other
authority or tribunal and the giving of advice on any legal matter. Legal Services Authorities
after examining the eligibility criteria of an applicant and the existence of a prima facie case

in his favour provide him counsel at State expense, pay the required Court Fee in the matter
and bear all incidental expenses in connection with the case. The person to whom legal aid is
provided is not called upon to spend anything on the litigation once it is supported by a Legal
Services Authority.

Legal Aid Under Cr.P.C

S. 304(1) "Lays down that when accused facing a trial. Concept of free legal aid scheme
under legal services Authority. Act is only when accused facing trial in court. When person is
poor, then he can get legal aid. In the absence of lawyer, the entire trial becomes vitiated and
then case to be remanded back to the trial court. Court to ask the accused, whether he has
services to engage a lawyer or not. If not, the court is bound to give him lawyer from the bar,
who should be well versed with the law and to be get paid by St. Govt. Court cannot
sympathize with a lawyer. Lawyer must be a competent one "is amicus curiae (friend of
court). S. 304, CrPC plays very imp. role."

Legal Aid under Legal Services Authority Act, 1987

According to Section 2(1) (a) of the Act, legal aid can be provided to a person for a 'case'
which includes a suit or any proceeding before a court. Section 2(1) (a) defines the 'court' as a
civil, criminal or revenue court and includes any tribunal or any other authority constituted
under any law for the time being in force, to exercise judicial or quasi-judicial functions. As
per Section 2(1)(c) 'legal service' includes the rendering of any service in the conduct of any
case or other legal proceeding before any court or other authority or tribunal and the giving of
advice on any legal matter.
Legal Services Authorities after examining the eligibility criteria of an applicant and the
existence of a prima facie case in his favour provide him counsel at State expense, pay the
required Court Fee in the matter and bear all incidental expenses in connection with the case.
The person to whom legal aid is provided is not called upon to spend anything on the
litigation once it is supported by a Legal Services Authority.
Under The Legal Services Authorities Act, 1987 every citizen whose annual income does not
exceed Rs 9,000 is eligible for free legal aid in cases before subordinate courts and high
courts. In cases before the Supreme Court, the limit is Rs 12,000. This limit can be increased
by the state governments. Limitation as to the income does not apply in the case of persons

belonging to the scheduled castes, scheduled tribes, women, children, handicapped, etc. Thus
by this the Indian Parliament took a step forward in making the legal aid possible in the
country.
Who Is Entitled To Free Legal Aid
Any person, who is:
A. A member of the scheduled castes or tribes;
B. Any person belonging to the Schedule caste/tribe, persons suffering from natural
calamity, industrial worker, children, insane person, handicap, persons in custody and
those having annual income less than Rs 1 lakh were entitled to avail free legal aid
C.
D. A victim of trafficking in human beings or beggar;
E. Disabled, including mentally disabled;
F. A woman or child;
G. A victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earth quake,
industrial disaster and other cases of undeserved want;
H. An industrial workman;
I. In custody, including protective custody;
J. Facing a charge which might result in imprisonment; (Khatri II Vs. State of Bihar,
(1981); and
K. Unable to engage a lawyer and secure legal services on account of reasons such as
poverty, indigence, and in communicate situation;
L. In cases of great public importance;
M. Special cases considered deserving of legal services.

Free Legal Aid: The Various Dimensions

A Paramount Duty of the Welfare State
The most important function of the welfare State is the creation of conditions that assure
social justice by removing social inequalities created by capitalism. There is a great
responsibility on the shoulders of socialistic State to assure social justice to the poor masses
of the society. Being a welfare state, India is also taking its long strides towards social justice.
In order to mitigate economic inequalities and social disabilities, incorporation of social
justice becomes necessary in the administration of justice.
An Essential Factor for the Survival of Healthy Democracy
In order to transform political democracy into social democracy, provision of legal aid is
urgently required. Denial of justice because of poverty amounts to negation of social justice
and violation of the principle of our democracy. The life of democracy depends upon malcing
the machinery of justice, effective by incomorating legal aid, so that every citizen can get
benefit of its impartiality in administration of justice.
Necessary Requirement for the Implementation of Rule of Law
Equal access to justice for the rich and the poor alike, must be seen as an essential part of
maintenance of the rule of law. Gujarat Committee rightly observed that there could be no
rule of law unless the machinery of law is readily accessible to all.
A true spirit of equality
The concept of legal aid is the very spirit of equality and its movement is dedicated to the
principle of equal justice to the poor. Equal justice or fair treatment within the purview of
judicial process implies an easy access to courts and other governmental agencies based on
equality. Equal justice requires a systematic approach in removing the prevailing inequalities
and injustices in our society. Legal aid is a vital limb of our Constitution and becomes for this
reason, an interpretative doctrine reflecting the desired fulfilment of the basic objectives of
equality. Denial of justice to needy person is nothing but a negation of equality.
An Integral Part of Natural Justice

One of the principles of natural justice namely, Audi Alteram Partem may become a mere
formality in the absence of legal aid. The truth of the dicta that no one shall be condemned
unheard is dependent upon adequate and proper legal representation to ensure proper healing.
The right of being heard without a provision of vocal cord of legal aid is a sheer formality
and an illusion devoid of reality.
A Social Movement
Legal Aid movement has become a social movement and its ultimate aim is to establish social
righteousness by mitigating and ameliorating legal incapacity and hardships of weaker
sections of the society. It is to be treated as a part of a programme to secure social justice to
the poor. It is also an indispensible part of equipment for streamlining and removing the
defect of the working of present legal system.
The movement of legal services is gaining momentum day by day. It needs cooperation of all
persons and bodies, governmental or non-governmental, in the implementation of National
Legal Services Scheme and to provide justice at the doorsteps of the poor.

CASES:The Supreme Court recently in its two judgements upheld the right to consult and be
defended by a legal practitioner as constitutional right available to all accused persons by
virtue of Articles 21 and 22(1) of the Indian Constitution. While upholding the death sentence
handed out in the of case of Ajmal Kasab vs. State of Maharashtra the apex Court
held that it is the duty and obligation of the magistrate before whom a person accused of
committing a cognizable offence is first produced to make him fully aware that it is his right
to consult and be defended by a legal practitioner and, in case he has no means to engage a
lawyer of his choice, one would be provided legal aid at the expense of the State.
The Court remarked that the obligation to provide him with a lawyer at the commencement of
the trial is absolute unless the accused voluntarily makes an informed decision and tells the
court, in clear and unambiguous words, that he does not want the assistance of any lawyer
and would rather defend himself personally. Failure to do so would vitiate the trial and the
resultant conviction and sentence, if any, given to the accused.
The Court in the decision directed all the magistrates in the country to faithfully discharge the
aforesaid duty and obligation and further make it clear that any failure to fully discharge the

duty would amount to dereliction in duty and would make the concerned magistrate liable to
departmental proceedings.
The Supreme Court, again, in Rajoo Ramakant vs State Of M.P. ruled that free
assistance must be provided to all poor accused, irrespective of the severity of the crime
attributed to them, at every stage of the three-tier justice delivery system and could not be
restricted to the trial stage only. Neither the Constitution nor the Legal Services Authorities
Act makes any distinction between a trial and an appeal for the purposes of providing free
legal aid to an accused or a person in custody. This makes it abundantly clear that legal
services shall be provided to an eligible person at all stages of the proceedings, trial as well as
appellate. It is also important to note that in view of the constitutional mandate of Article 39A, legal services or legal aid is provided to an eligible person free of cost.

CONCLUSION

Provisions of Criminal Procedure Code play a vital role in the practical applicability of legal
aid in India till Legal Services Authorities came into force in 1995. Because of its importance
the with Legal Aid under various statutes in India and their judicial interpretation with regard
to legal aid. In most of the instances courts have interpreted and stated that trial is vitiated and
conviction has to be set aside when there is no advocate for the accused i.e. implying that
appointment of legal aid advocate is mandatory.
Thus we can find a paradigm shift in the approach of the Supreme Court towards the concept
of legal aid from a duty of the accused to ask for a lawyer to a fundamental right of an
accused to seek free legal aid. But in spite of the fact that free legal aid has been held to be
necessary adjunct of the rule of law, the legal aid movement has not achieved its goal. There
is a wide gap between the goals set and met. The major obstacle to the legal aid movement in
India is the lack of legal awareness. People are still not aware of their basic rights due to
which the legal aid movement has not achieved its goal yet. It is the absence of legal
awareness which leads to exploitation and deprivation of rights and benefits of the poor. Thus

it is the need of the hour that the poor illiterate people should be imparted with legal
knowledge and should be educated on their basic rights which should be done from the grass
root level of the country. Because if the poor persons fail to enforce their rights etc. because
of poverty, etc. they may lose faith in the administration of justice and instead of knocking
the door of law and Courts to seek justice, they may try to settle their disputes on the streets
or to protect their rights through muscle power and in such condition there will be anarchy
and complete dearth of the rule of law. Thus legal aid to the poor and weak person is
necessary for the preservation of rule of law which is necessary for the existence of the
orderly society. Until and unless poor illiterate man is not legally assisted, he is denied
equality in the opportunity to seek justice.
Hence in this area we have a huge number of laws in the form of judgements as well as
legislations but they have just proven to be a myth for the masses due to their ineffective
implementation. Thus the need of the hour is that we need to focus on effective and proper
implementation of the laws which we already possess instead of passing new legislations to
make legal aid in the country a reality instead of just a myth in the minds of the countrymen.
Legal aid is not a charity or bounty, but is an obligation of the state and right of the citizens.
The prime object of the state should be equal justice for all. Thus, legal aid strives to ensure
that the
constitutional pledge is fulfilled in its letter and spirit and equal justice is
made available to the downtrodden and weaker sections of the society.
But in spite of the fact that free legal aid has been held to be necessary
adjunct of the rule of law14, the legal aid movement has not achieved its
goal. There is a wide gap between the goals set and met. The major
obstacle to the legal aid movement in India is the lack of legal
14 See note 6.
2013] Universities, Intellectual Property Rights and Spinoffs: A Critical Evaluation 241
awareness. People are still not aware of their basic rights due to which
the legal aid movement has not achieved its goal yet. It is the absence of

legal awareness which leads to exploitation and deprivation of rights and

benefits of the poor.