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FREE LEGAL AID AND SPEEDY JUSTICE AN EPISTLE TO

ACKNOWLEDGE THE LEGAL EDUCATION FRAMEWORK AND ITS


CONTRIBUTION TO INDIA

The concept of seeking justice cannot be equated with the value of dollars. Money plays no
role in seeking justice
- Justice Blackmun in Jackson v Bish
The first step to achieving justice is to make injustice visible
- Mahatma Gandhi

CHAPTER I

INTRODUCTION

This artefact fully focuses on the basic needs that must be fulfilled to the people through the
Laws and Regulations that is existing in the society. In India, legal education has been on the
agenda of the government for more than six decades 1. Government bodies, including the Law
Commission of India, University Grants Commission (UGC) and the Bar Council of India
(BCI) have taken several initiatives towards improvement of legal education.

Law, legal education and development have been inter-related concepts in modern developing
societies which are struggling to develop into social welfare states and are seeking to
ameliorate the socio-economic conditions of the people by peaceful means. The same is true
for India. Today, the scope of law and its ambit has got widen up and its impact is felt every
sphere of human life. The law being a tool for the egalitarian society and legal education can
be regarded as an instrument for the social design2.

1 Justice M. Jaganadha Rao, LAW COMMISSION OF INDIA 184TH REPORT, (Dec. 23,
2016, 06:45 PM), http://lawcommissionofindia.nic.in/reports/184threport-parti.pdf.

2 SCENARIO OF LEGAL EDUCATION IN INDIA, (Dec. 23, 2016, 10:46 PM),


http://shodhganga.inflibnet.ac.in/bitstream/10603/68186/13/13_chapter%204.pdf.

1
The concept of Egalitarian Society implies the very idea of Equal Justice to all
which means Easy Access to Justice, but the real fact that is currently the issue that is
spinning the society is the conception of what is called the Class. Because of this the idea
of Justice is not delivered properly. It impact is that the poor becomes poorer and the
rich becomes richer and richest. In order to eradicate this dissimilarities between the rich
and the poor towards the justice is discussed widely in this paper and the concept of Free
Legal Aid is the main motive of this paper. So, the authors copiously discuss the concept of
Free Legal Aid that should be given to break the metamorphoses that exist in the society.

Jurisprudence relating to Legal Aid can be traced back to the Magna Carta3, provides
that to no one will we sell, to no one will we deny, or delay, right or justice.

Legal Aid means extending legal assistance, free of cost to the poor and needy, to
those who do not have the resources to engage a lawyer to represent them in legal
proceedings in a Court or before any other Tribunal. It implies offering legal help to those
entangled in some legal issues. The insurmountable number of legislations necessitate Legal
Aid for an individual to ensure he is acting within the sphere of laws. The poor or the
marginally, usually have a very little or absolutely no knowledge about their rights.

The Legal Services Act seeks to ameliorate this situation and increases the
awareness of Legal Aid. Poverty leads to disempowerment and socio- economic deprivation,
thus disabling people from accessing Courts for securing legal assistance to protect their
rights. Without giving the poor, the equal opportunity to access law, this deprives them of
legal protection and gives excessive powers to the powerful to exploit them4.

3 Seven Hundred years old clarion call of Magna Carta To one we will sell, to no one will
we refuse or delay the right of justice very pertinently embodies the principle of Legal Aid.
But it was only when the colonial hangover of the Indian legal system was pointed by the
committee for Legal Aid and was stated that the shadow of law created by the British to suit
their convenience, has resulted in an insensitive system especially towards the socio-
economic problems of the masses.

4 ACCESS TO JUSTICE FREE LEGAL AID IN INDIA (Jan. 05, 2017, 10:05 AM),
http://www.nilsindia.org/uploads/1/2/0/8/12081957/access_to_justice-
_right_to_legal_aid.pdf.

2
Free Legal Aid is a gift to all individuals who may have been denied access to justice
and were victims of atrocities. It is a means of removing inequalities existing in the society in
terms of Access to Legal Aid and the abuse of power by the higher sections of the society.

Free Legal Aid to the poor and the helpless is necessary for the preservation of
Rule of Law, which is necessary for the existence of the orderly society. Until and unless
the poor is not legally assisted, they will be denied, the equality in the opportunity to seek
Justice. Therefore, as a step towards making the legal service for the poor and the deprived,
The Judiciary has taken active interest in providing Free Legal Aid to the needy of late.

The Indian Constitution provides for a self-governing and unbiased Judiciary and the
Courts are given the powers to protect the Constitution and safeguard the rights of people
regardless their social status. Since the motive of the Constitution is to provide Justice to
all and the Directive principles are integrally, a part of it. The Constitution decrees to the
Judiciary, that it has the Duty to Protect Rights of the Poor. The Judiciary, through its
significant judicial interventions is guaranteed as well as guided the legislature to come up
with the suitable Legislations to bring justice to the doorsteps of the weakest sections of the
society.5

The Public Interest litigation (PIL) is one good example of how judiciary has played
the role of the avant-garde in the rights of Indian citizens, especially the poor. Indeed, it also
encourages the Social Reformers to seek justice for the poor. For that, The Supreme Court
has relaxed the procedure substantially6. Apart from the PIL and Judicial Activism, there are
reforms in the judicial process where it aims to make justice affordable and hassle-free, by
introducing The Lok Adalat system as one of the methods of providing Free Legal Aid
and Speedy Justice at the petitions of the poor.

In this paper, the authors highlight the importance of Free Legal Aid, in a
Constitutional Democracy like India, where a significant section of the population is yet to
witness the Constitutional Premises or even the fundamental rights they are guaranteed with.

5 Dr. G. Mallikarjun, LEGAL AID IN INDIA AND JUDICIAL CONTRIBUTION (Jan. 05,
2017, 12:55 PM) http://www.commonlii.org/in/journals/NALSARLawRw/2013/13.pdf.

6 Interpretation of Directive Principles of State Policy: Judicial Contribution

3
CHAPTER II

THE GENESIS FOR PROGRESSION

In attaining the progressive goals, a substantial progress has been made in Asia to achieve,
exclusively on Access to Justice and Rule of Law, which are central to United Nations
Development Programs mandate as being essential to human progress and the alleviation of
poverty. The UNDP7 recognises that the poor are unable to seek justice every now and then
that engages in a ground-breaking work in over 100 Countries to ensure that the vulnerable
and the marginalised communities have access to justice.

For UNDP and The United Nations, the question of Legal Aid and Legal
Empowerment is not only a technical matter pertinent to lawyers or the Justice Sector
specialists, but an insightful recognition of the fact that the absence of the same means the
deprivation of Access to Justice, therefore resulting in a denial of Fundamental Human
Rights8.

In India, the government has enacted laws which mandate the free pronouncement of
Legal Aid Services to the marginalised. This is supported by India, one of the most

7 The United Nations Development Programme is the United Nations global development
network. UNDP helps countries development strategies to combat poverty by expanding
access to economic opportunities and resources, linking poverty programmes with countries
larger goals and policies and ensuring a greater voice for the poor.

8 Department of Justice, Govt. of India and the United Nations Development Programme, INTERNATIONAL
CONFERENCE ON EQUITABLE ACCESS TO JUSTICE: LEGAL AID AND LEGAL EMPOWERMENT
(Jan. 07, 2017, 08:25 AM) http://www.in.undp.org/content/dam/india/docs/DG/equitable-access-to-justice-legal-
empowerment-legal-aid-and-making-it-work-for-the-poor-and-marginalised.pdf.

4
progressive Constitutions in the world, with active participation of judiciary and civil society
that have played an important role in advancing the Access to Justice and in promoting the
Rule of Law.

India can take pride in being one of the first countries to enshrine a provision in its
Constitution obligating the state to provide Free Legal Aid with a view to ensure that
opportunities for securing Justice are not denied to any citizen because of economic or
other disabilities9

LEGAL AID STRUCTURE IN INDIA

Right to Free Legal Aid in Criminal and Civil matters has been propounded based on
landmark Judgements of The Supreme Court of India as a fundamental right under Article 21
of The Constitution and is considered as one of the most basic constitutional and Human
Right.

In 1976, through the Forty-Second Amendment of the Indian Constitution,


Article 39A was incorporated which mandates a mechanism for delivering Legal Aid.
In 1987, The Legal Services Authority Act was enacted.

Since then, a hierarchy of legal services institutions have been formed from the
national level down to sub-district level in India. These Institutions under this said Act, range
at National Legal Services Authorities (NALSA), State Legal Services Authorities (SLSA),
District Legal Service Authorities (DLSA) and Taluka Legal Services Committees (TLSCs).
Further, The Supreme Court and High Courts have their own Legal services committees as
well10. The Legal services Institutions in India are Government funded bodies led by The

9 Commission on Legal Empowerment Of Poor, MAKING THE LAW WORK FOR


EVERYONE (Jan. 07, 2017, 10.23 AM),
http://www.undp.org/content/dam/aplaws/publication/en/publications/democratic-
governance/legal-empowerment/reports-of-the-commission-on-legal-empowerment-of-the-
poor/making-the-law-work-for-everyone---vol-ii---english-
only/making_the_law_work_II.pdf.

10 Swati Vijayvergiya, LEGAL AID IN INDIA (Jan. 07, 2017, 12.30 PM),
http://www.legalserviceindia.com/article/l340-Legal-Aid-In-India.html.

5
Judiciary that comprises a range of stakeholders from the Judiciary, Bar, Government and
civil societies.

The Legal Services Institutions provide Legal Aid in both civil and criminal
jurisdictions to those earning below 2000 p.a. They are also authorized to create legal
awareness and to assist people in settling their disputes using the Alternate Dispute
Resolution (ADR) method.11

LEGAL AID: THE CONCEPT

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 legal proceeding in any Court. The Legal Aid
method ensures that no one is deprived of professional advice and help because of lack of
funds. Therefore, the main objective is to provide equal justice to the poor, down and the
weaker sections of society.

Here, Justice P.N. Bhagwati observed that12:

The Legal Aid means providing an arrangement in the society so that the
missionary of administration of justice becomes easily accessible and is not out of reach of
those who have to resort to it for enforcement of its given to them by law, the poor and
illiterate should be able to approach the Courts and their ignorance and poverty should not
be an impediment in the way of their obtaining justice from the Courts. Legal Aid should
be available to the poor and illiterate, who dont have access to Courts. One need not be a
litigant to seek aid by means of Legal Aid.

11 Department of Justice, Govt of India and the United Nations Development Programme,
INTERNATIONAL CONFERENCE ON EQUITABLE ACCESS TO JUSTICE: LEGAL
AID AND LEGAL EMPOWERMENT, (Jan. 07, 2017, 02.22 PM)
http://www.in.undp.org/content/dam/india/docs/DG/equitable-access-to-justice-legal-
empowerment-legal-aid-and-making-it-work-for-the-poor-and-marginalised.pdf.

12 Nirbhaya v Laxmi Acid Attack Case 1990

6
Legal Aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit
and equal justice is made available to the poor, downtrodden and weaker sections of the
society13. The Constitution of India under Article 39A talks about providing Free Legal Aid.

The Constitution of India also makes it obligatory for the state to ensure equality
before the law and a legal system which promotes justice based on equal opportunity to all,
under Articles 14 and 22(1) of it.

ARTICLE 39A: Equal Justice and Free Legal Aid

The State shall secure that the operation of the legal system promotes justice, on 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 securing justice are not denied
to any citizens by reason of economic or other disabilities.14

Article 39A forms a part of the Directive Principle of State Policy and is given under
Part V of the Indian Constitution 1950. It was inserted by the Constitution in the 42 nd
Amendment Act 197615. Its basic motive is to ensure that every State provides Free Legal Aid
to people who are needy and poor. The purpose of this is to promote equality such that no
citizen is denied the right to seek justice because of economic incapacity to bear the cost of
Legal Aid. This Article orders the state to give free Legal Aid to promote the goals of equal
opportunity and justice as envisaged in the preamble.16

CHAPTER III

THE OPTIMISTIC CONTRIBUTION OF JUDICIARY

13 Justice T.Mathivanan Judge Madras High Court, LEGAL AID: ISSUES, CHALLENGES
AND SOLUTIONS AN EMPERICAL STUDY, (Jan. 07, 2017, 02.56 PM),
http://www.hcmadras.tn.nic.in/legalaid-issues.pdf.

14 Bare Act, Article 39A, The Constitution of India,

15 3, D.D. BASU, COMMENTARY ON THE CONSTITUTION OF INDIA, 4098, (8th ed.


2008)

16 2, M.P. JAIN, INDIAN CONSTITUTIONAL LAW, 1618, (5th ed. 2003)

7
Justice Krishna Iyer, said in the case of M.H. Hoskot v State of Maharashtra 17 that If a
prisoner is 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 Supreme Court for want of legal assistance, there is
implicit in the Court under Article 142 read with Article 21 and 39A of the Constitution,
the power to assign counsel for such imprisoned individual for doing complete justice.

The Supreme Court of India got a major opportunity to make an emphatic


pronouncement regarding the rights of the poor and indigent in judgement of Hussainara
Khatoon v State of Bihar18 where the petitioner brought to the notice of Supreme Court that
most of the under trails have already under gone the punishment much more that 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 39A emphasized that free legal service was an inalienable element
reasonable, fair and just procedure and that the right to free legal services was implicit in the
guarantee of Article 21.

In another landmark judgement in the case of Khatri v State of Bihar19, the Court
answered the question the right of free Legal Aid to the 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 trail 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 constraint or administrative inability or that the accused did not ask
for it. Magistrate and Sessions Judges must inform the accused of such rights.

In Suk Das v Union Territory of Arunachal Pradesh 20, Justice P.N. Bhagwati,
emphasized the need to creating the legal awareness to the poor as they dont know their

17 AIR 1978 3 SC 855 (India).

18 AIR 1980 1 SCC 98 (India).

19 AIR 1981 SC 262 (India).

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rights more particularly right to Free Legal Aid and further observed that in India most of
the people are living in rural areas are illiterate and are not aware of the rights conferred
upon them by law.

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 poor21, even though the law has been enacted to protect the poor
the governments are lazy to implement the enacted law. The same was observed by The
Supreme Court in State of Haryana v Darshana Devi 22 that the poor shall not be priced out
of the justice market by insistence on Court-fee and refusal to apply the exceptive
provisions of order XXXIII CPC.

Though there was a statutory providing Free Legal Aid under Section 304(1) of Code
of Criminal Procedure and Order 33, Rule 17 of the same by appointing advocates to defend
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 wonderful Constitutional persuasion from the Supreme Court
the Legal Service Authorities Act 1987 was passed by the parliament of India.

This Act prescribes the criteria for giving Legal Services to the eligible persons and it
is scheduled under Section 12 of the Legal Service Authorities Act 1987.

CHAPTER IV

20 AIR 1986 SC 991 (India).

21 Rule 9A, Order 33, Code of Civil Procedure 1908 (India).

22 AIR 1972 SC 855 (India).

9
BODIES UNDER THE ACT AND THEIR HIERARCHY

A nationwide network has been envisaged under the Act for aiding and Legal Aid. National
Legal Service Authority is the Apex body constituted to lay down policies and principles for
making Legal Services available under the provisions of this Act and to frame most effective
and economical schemes for legal services.

In every state, a State Legal Service Authority is constituted to give effect to the
policies and directions of the Central Authority (NALSA) and to give legal services to the
people and conduct Lok Adalats in the state.

State Legal Services Authority is headed by Chief Justice of the State High Court who
is its Parton-in-chief. A serving or retired judge of the high Court will be nominated as its
executive chairman.

District Legal Service Authority is constituted in every district to implement Legal


Aid programmes and schemes in the District. The District Judge of the District is its ex-
officio Chairman.

Taluk Legal Services Committees are also constituted for each of the Taluk or Mandal
or for group of Taluk or Mandals to coordinate the activities of Legal Services in the Taluk
and to organize Lok Adalats. Every Taluks Legal Services Committee is headed by a senior
Civil Judge operating within the jurisdiction of the Committee who is its ex-officio chairman.
To provide free and competent Legal Services, the NALSA has framed the National Legal
Service Authority Regulations 201023.

Supreme Court of India has also set up Supreme Court Legal Services Committee
(SCLSC) to ensure free Legal Aid to poor and under privileged under the Legal Service
Authorities Act. It is headed by a judge of Supreme Court of India and has distinguished
members nominated by chief justice of India. The SCLSC has a panel of competent
Advocates on record with certain minimum numbers of years of experience who handle the
cases in the Supreme Court. Apart from that the SCLSC has full time Legal Consultant who
provides legal advice to poor litigants either on personal visit or through the post.

23 National Legal Service Authority (NALSA), (Jan. 08, 2017, 03:26 PM)
http://nalsa.gov.in/about-us.

10
CHAPTER V

READING ARTICLE 39A ALONG WITH ARTICLE 21 OF THE


CONSTITUTION OF INDIA

The Supreme Court while understanding the concern of the poor whose life and liberty may
be jeopardised when they are arrested and have no means of securing justice, has reiterated
the significance attached to free Legal Aid not only in terms of Article 39A but also with
respect to Article 14 and Article 2124. Article 14 provides for equality before law and equal
protection of laws25. To ensure that there is equality, parties to a legal case must have equality
of opportunities in accessing the Courts and defending their case.

It has been that to fulfil the ideal of equal justice as envisaged by Article 39A, the
concept of Legal Aid as described under Article 21 should also be dealt with meaningfully.
Thus, in pursuance of reading Article 39A along with Article 21, extension of free Legal Aid
at the cost of the state has been elevated to the level of a fundamental rights of an accused
whose life or personal liberty may be in jeopardy.26

In Indira Gandhi v. Raj Narain27, it has been observed that since upholding the rule of
law is of utmost importance as it is a part of the basic structure, so no one should be
condemned unheard and trial without legal representation would be vitiated. When reading
Article 39A together with Article 21, Courts have also arrived at the following guidelines to
administer justice-Jail authorities, who are required to give a copy of the judgement free of
cost to the prisoner so he can choose to exercise his right of appeal to higher Courts; the
Right of Free Legal Aid commences from the first time he is produced before a magistrate
and continues whenever he is required to be produced on remand; the right under 39A
even applies when trial doesnt take place in proceedings under Section 110 of the Criminal

24 2, M.P. JAIN, INDIAN CONSTITUTIONAL LAW 1616, (5th ed. 2003).

25 THE CONSTITUION OF INDIA, 1950 Article 14.

26 3, M.P. JAIN, COMMENTARY ON THE CONSTITUTION OF INDIA, 1616, (5th


ed.2003)

27 AIR 1977 SC 69 (India.)

11
Procedure Code, 1973.Also, while reading Article 142 of the Constitution of India along with
Article 39A and Article 21, the Court has observed in Madav Hayavadanrao Hoskot v. State
of Maharashtra28 that the accused has a right to seek counsel to aid him in appealing
against the verdict of the case in order to ensure complete justice.

The National Commission that was set up to evaluate and review the functioning of
the Constitution submitted a report on 31 st March 2002, which made some recommendations
relating to Access to Justice and Legal Aid. The Commission made the following
recommendations:
In extension of Article 30 of the Constitution of India, another Article called Article
30A be inserted as follows:

Article 30A- Access to Courts and Tribunals and Speedy Justice:

1. Everyone has a right to have any dispute that can be resolved by the application of law
decided in a public hearing before any independent Court or where appropriate, another
independent and impartial tribunal or forum.
2. The right to access to Courts shall be deemed to include the right to reasonable and
effective justice in all matters before the Courts, tribunals or other fora and the State shall
take all reasonable steps to achieve the said object.

RECOMMENDATION

The Author here pleads the reader with a view that the Legal Aid is imperative tool needed to
effectively implement the fundamental rights given under Part III of the Constitution to
assist the needy and suggested that Article 39A be shifted to Article 30B so it could fall
under the same and be given, the status of a fundamental rights.

28 AIR 1978 SC 1548 (India.)

12
CHAPTER VI

IMPACTS OF LEGAL AID THROUGH LEGAL EDUCATION


In India, over 2,00,000 law students have enrolled in law courses and are important resources
that can engage effectively in providing Legal Aid and making things easy in Access to
Justice for the poor.

In 1997, the BCI made Legal Aid, a compulsory practical paper to be taught in all
Law Schools in India. In 2008, it proved the rules on Standards of Legal Education and
Recognition of Degrees in Law, which orders all law institutions to establish and run a
Legal Aid clinic under the supervision of a senior faculty member 29. Most Law Schools
in India are active in providing effective Legal Aid to the needy across the country. These
include organising literacy camps, consumer clinics, street plays, and public mediation,
providing paralegal services and suggestions on law reform / improved law enforcement;
assisting people in accessing benefits under the government welfare programmes; filing
public interest litigation, visiting jails to assist under trails and creating linkage with NGOs,
Government and Legal Aid authorities.
Although money is not a condition precedent to start Legal Aid clinic, some seed
money is needed to meet the basic needs. Collaboration with the legal services authorities,
therefore, is crucial to sustain the clinics30. Involvement of the Bench and the Bar, academic
credits for students and presence of competent and qualified clinical law educators at law

29 Commission on Legal Empowerment Of Poor, MAKING THE LAW WORK FOR


EVERYONE (Jan. 07, 2017, 10.23 AM),
http://www.undp.org/content/dam/aplaws/publication/en/publications/democratic-
governance/legal-empowerment/reports-of-the-commission-on-legal-empowerment-of-the-
poor/making-the-law-work-for-everyone---vol-ii---english-
only/making_the_law_work_II.pdf.

13
institutions would go a long way in providing a strong and fruitful system of Law School
based Legal Aid in India.

CHAPTER VII

LOK ADALAT AND THEIR ROLE IN ACCES TO JUSTICE: INDIA

The literal meaning of the phrase Lok Adalat is Peoples Court. It is a pioneering
formal Alternate Dispute Resolution (ADR) mechanism. Lok Adalat are governed by The
Legal Services Authorities Act 1987 and the National Legal Services Authority (Lok Adalat)
Regulations 2009.

Lok Adalats have power to take up any pending case before any Court and pre-
litigation disputes, except any case relating to an offence not compoundable under any law
and matters relating to divorce and bail. 31 The Court can refer cases to Lok Adalat if the Court
is satisfied that there are chances of settlement and either or both parties agree to it 32. If the
dispute is at the pre-litigation stage, then the matter can be taken up on the application of the
either party.33

30 Department of Justice, Govt of India and the United Nations Development Programme, INTERNATIONAL
CONFERENCE ON EQUITABLE ACCESS TO JUSTICE: LEGAL AID AND LEGAL EMPOWERMENT,
(Jan. 07, 2017, 04:36 PM) http://www.in.undp.org/content/dam/india/docs/DG/equitable-access-to-justice-legal-
empowerment-legal-aid-and-making-it-work-for-the-poor-and-marginalised.pdf

31 Legal Services Authority 1987, Section 19 (5).

32 Legal Services Authority 1987, Section 20 (1).

33 Legal Services Authority 1987, Section 20 (2).

14
Lok Adalat have procedural powers of a Civil Court 34. However, they can only help
parties to arrive to a settlement but are not empowered to issue any direction or order. The
award of a Lok Adalat is final and binding on all parties and no appeal can be filed once the
award has been made. The direction is deemed to be decree of the Court. In case of matters
pending before a Court, the Court fee is refunded to the parties 35 after the award from the Lok
Adalat.

Lok Adalat provides a final, speedy and inexpensive remedy with legal status. Also,
because the award is based on mutual consent, relations between the disputing parties remain
cordial. The mechanism has also helped in making some dent in problem of mounting
backlog of cases before the Indian Courts.

CHAPTER VIII

CONLUDING OPINION

The concept of legal services has been imbibed in the working of the judiciary to secure and
promote justice in the society. Its the duty imposed on the government to grant legal
assistance. Given the lack of awareness in the country, expensive counsels, uncertain and
time consuming judicial proceedings and the menace of corruption in the judiciary, it is
imperative to refine the process of accessing justice in order to assure justice to the needy.

Overall, it can be said that India has performed decently in establishing mechanisms to
dispense Legal Aid efficiently. By instituting Lok Adalats, Public Interest Litigation, Nyaya
Adalat, etc. it has only furthered the cause of legal services. However, like all policy

34 Legal Services Authority 1987, Section 22: Summoning & enforcing attendance of any
witness and to examine him on Oath; Discovery & production of any document; Reception of
evidence on merits; Requisitioning of any public record or document or copy thereof, from
any Court or office

35 Legal Services Authority 1987, Section 21.

15
programmes, Legal Aid also suffers from some inefficiencies such as access and awareness of
legal to a small section of the population, and this may be overcome by expanding legal
literacy to the marginalised groups as well. Also if a proper institution is put in place to
organise and check the affairs relating to Legal Aid, the programme would be able to do
better.

The other methods that can be incorporated to ensure the importance and the significance
of law to the illiterate and todays literate can be done by introducing Legal Aid
Committees in all colleges. As already mentioned the concept of Legal Awareness should
be included in the clinical education as a paper so that students actively participate in the
takings and programmes undertaken by the committee.

Other voluntary and non-state organisations should also be encouraged to engage


themselves in the granting free legal help so that more people can have access to justice.
Legal Aid institutions should also be made more accountable to some autonomous external
agency supervising the working of these programmes. Legal help initiatives must also make
use of alternative dispute resolution mechanisms such as conciliation, client counselling, and
mediation. Etc. also, the benefits of legal services should not only be directed to the poor
sections of society but also to those suffering from disability and discrimination such as
prostitutes, the mentally challenged, etc. the role of law schools in promoting Legal Aid
should also be emphasised, more Legal Aid centres should be set up and clinical education
and pro bono work by students and also by law firms should be encouraged.

Legal Aid institutions should also be made more accountable to some autonomous
external agency supervising the working of these programmes. Legal help initiatives must
also make use of Alternative Dispute Mechanisms. Also, the benefits of legal services should
not only be directed to the poor section of the society but also to those suffering from
disability and discrimination such as prostitutes, more Legal Aid centres should be set up and
clinical education and pro bono work by students and by law firms should be encouraged.

We Want to Change, We Want to See, We Can

16

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