Access to Free Legal Aid; Its Significance in India

Introduction 

India is regarded as the world’s most populated country. In such a country, most of the people are below the poverty line. Poverty is one of the main challenges faced by our country. People are struggling hard to meet the ends together. This is the prime reason why India is  still a developing country and not a developed one. In this context, if there is violation or  infringement of right due to financial instability they cannot even step into courts. There  arises the significance of free legal aid. It ensures that due to economic or any kind of  disabilities, no one shall be denied justice. 

Statutory provisions in India 

There are many statutory provisions rendering free legal aid in India. Various statutes like  Constitution of India, Bhartiya Nagarik Suraksha Sanhita, 2023, Code of Civil Procedure,  1908, Legal Service Authorities Act, 1987 and so on ensures free legal aid. 

Constitutional Provisions 

Article 39A 

Article 39A states that 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. It imposes an  obligation to the state to provide free legal aid to disadvantaged or marginalized  communities. This provision was inserted via. 42nd constitutional (amendment) act, 1976.  This was added to the existing list of Directive Principles of State Policy. The peculiarity of  DPSPs is that it is non-justiciable, as if it is not followed it cannot be enforced through court  of law. It only provides guidelines or directives to state while enacting any laws.  

Supreme Court ruled that state is obligated to provide legal representation to accused from  the moment he is first produced before the magistrate1. 

Article 14 

Article 14 of the constitution ensures equality before law. This article is closely linked with  the concept of legal aid. Article 14 emphasis the equal treatment of all without any  discrimination which is the clear intention of Article 39A. So, state shall ensure that justice is  not denied to anyone due to their economic or other disabilities hence fulfilling the requisite  of Article 14. 

Article 21 

Article 21 guarantees right to life and personal liberty. Article 39A is linked with Article 21 of  the constitution. Supreme court established that speedy trial and free legal aid is the  fundamental right under Article 212. In Suk Das v. Union Territory of Arunachal Pradesh3,  Supreme Court held that right to free legal aid is part of Article 21 and it cannot be denied to  accused on the ground that he has not requested for it.  

Article 22(1) 

Article 22(1) states that any person arrested and detained shall be informed about the grounds  of arrest and have the right to be consulted and represented by a legal practitioner of their  choice. If not, state shall provide a lawyer at its own cost. It ensures that justice is not denied  due to poverty. 

Legal Service Authorities Act, 1987 

In order to implement the constitutional provision Article 39A, Parliament enacted Legal  Services Authorities Act,1987. It came into force on November 9, 1995. The act was enacted  to provide free legal aid to weaker sections of the society. The prime objective of the act was  to establish authorities at different levels to provide free legal aid services. The Legal Service  Authorities Act constituted; 

• National Legal Services Authority [NALSA] 
• State Legal Service Authority [SLSA] 
• District Legal Service Authority [DLSA] 
• Taluk Legal Services Committees etc. 

The people who are eligible for availing free legal aid are; 

• A member of a Scheduled Caste or Scheduled Tribe; 
• A victim of trafficking in human beings or beggar as referred to in article 23 of the  Constitution 
• A woman or a child; 
• A person with disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,  1995 
• A person under circumstances of underserved want such as being a victim of a mass  disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial  disaster; or 
• An industrial workman; or 
• In custody, including custody in a protective home within the meaning of section 2(g)  of the Immoral Traffic (Prevention) Act, 1956 or in a juvenile home within the  meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 or in a psychiatric  hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of  the Mental Health Act, 1987; or 
• In receipt of annual income less than rupees nine thousand or such other higher  amount as may be prescribed by the State Government, if the case is before a court  other than the Supreme Court, and less than rupees twelve thousand or such other  higher amount as may be prescribed by the Central Government, if the case is before  the Supreme Court4. 

Section 19 of Legal Services Authority Act deals with the organization of Lok Adalats by the  authorities constituted under the act at specific intervals. Lok Adalat is a form of alternative  dispute resolution system which resolves the pending cases. Lok Adalat is organized with an  intent to reduce the burden over the courts and to provide speedy remedy. The award of Lok  Adalat is similar to that of civil court and it is binding. Such award will be final and non appealable. 

Provision under BNSS 

Section 341 of Bhartiya Nagarik Suraksha Sanhita, 2023 deals with Legal aid to accused at  state expense in certain cases. It states that where, in a trial or appeal before a Court, the  accused is not represented by an advocate, and where it appears to the Court that the  accused has not sufficient means to engage an advocate, the Court shall assign an advocate  for his defence at the expense of the State. It actually means that if an accused cannot engage  an advocate because of his or her financial backwardness, then state shall engage an  advocate at its own expense for the accused. This provision ensures that justice is not denied  due to his or her financial instability. The ultimate goal is to serve justice and fulfil equality  before law as well as the right to fair trial which is not compromised due to the lack of  financial means. Section 341of BNSS is similar to Section 304 of old Code of Criminal  Procedure (CrPC). 

Supreme Court also established that if an advocate fails to appear and if trial continues  without any legal assistance and later it resulted in his conviction then such trial is unfair and  it is the violation of his fundamental right under Article 21 of the constitution5. 

Provision under CPC 

Order XXXIII Rule 18 of Code of Civil Procedure, 1908 deals with the power of the  government to provide for free legal services to indigent persons. It states that subject to the  provisions of this Order, the Central or State Government may make such supplementary  provisions as it thinks fit for providing free legal services to those who have been permitted  to sue as indigent persons. For this purpose, High Court may make rules with the state’s  approval. 

Significance of Free Legal Aid in India 

India is a country with great diversities. Majority of people are below the poverty line. Its  difficult for them to engage a lawyer, afford court fees and other legal services. This results  injustice and inequality. Hence for a country like India, free legal aid is a requisite and a  necessity.  

Ensures justice  

Free legal aid ensures that justice is not denied to anyone on the account of poverty. It  prevents wrongful arrest, illegal detentions, unfair trials, delayed justice, forced confessions  and so on. Justice is imparted to all citizens irrespective of the person’s financial status. 

Strengthen Rule of Law 

The concept of rule of law proposed by A.V Dicey emphasis the supremacy of law. It is  paramount for a democratic society. No one is above the law and everyone is subjected to the  same law. The aim of free legal aid is also same as it ensures that law not only protects the  rich and educated ones but everyone, thus strengthens the rule of law by raising the public  faith in legal system. 

Reduce Inequality 

India is a country with large disparities in terms of caste, culture, tradition, background,  language, education etc. The percentage of illiterate masses are huge in India. These people  are not even aware about their rights. Because of which even if their rights get violated, they  never recognize it. Legal aid thus helps the marginalized people and the vulnerable groups to  claim their rights. In this way, legal aid acts to reduce the social and economic inequality. It  somehow tried to reduce the gap between haves and have nots.  

Reduce the Burden on Courts 

Article 39Aof the constitution confers free legal aid. In an effort to provide statutory effect to  Article 39A, Parliament enacted Legal Service Authorities Act, 1987 which constituted  NALSA, SLSA, DLSA, Taluk Legal Service Committees etc to provide legal aid at all  levels. These authorities organize Lok Adalat at specific intervals to dispose the cases  pending before the courts. Through these mechanisms, speedy adjudication of matters  became possible. It encourages settlements, resolve the disputes quickly and also save the  time as well the cost of both parties. As a result, a speedy remedy can be obtained. 

Spread Awareness 

The legal aid authorities not only provide legal services but also spread awareness among the  masses regarding their rights and duties. They will be provided awareness related to the  constitutional ideals and fundamental rights as they could approach the court once their  rights get violated. Providing legal awareness thus helps to build an empowered society.

Conscious people are the asset of a nation. A well-informed and responsible citizens can  bring about national progress and development.  

Protects the Human Dignity 

Human dignity is the foundation of human rights. It is the value of a person to be respected  and to be protected. It is the worth that every human being deserves. The ideal of human  dignity and self esteem is given more importance in today’s world. Poor are often humiliated  and exploited. Legal aid ensures that no person is discriminated out of poverty. 

Conclusion 

Legal aid in India is a requisite as it ensures that justice is served to everyone irrespective of  their financial status. It is rooted in Article 39A of constitution but backed by various statutes  and judicial precedents. Legal Services Authorities Act set up various authorities at different levels to make the constitutional provisions into practise. Supreme Court through various  landmark decisions emphasised the significance of legal aid and ruled that justice shall not  be denied to anyone due to any economic or other disabilities. These provisions are  significant for a country like India with great diversities. It ensures that marginalized and  vulnerable people will get access to legal aid services and fair trial. Through Lok Adalats,  counselling and awareness, the building of well-informed citizens is possible. 

Moreover, legal aid is not only a welfare program but is an essential requisite for a  democratic society adhering to the democratic principles. It ensures justice, strengthens rule  of law, protects human dignity, reduces the burden of courts and so on. It paves the path for  Alternative Dispute Resolution mechanism. Legal aid provides speedy remedy to the needy.  As a result, it fosters the faith of people in judicial system. However, the implementation of  legal services faces several challenges which hinders its effectiveness. Lack of awareness,  funding constraints, administrative delays etc are some of the challenges faced. 

Thus, in a country like India with wide disparities, free legal aid is not a charity but a  constitutional requisite.

Reference(S):

1 Khatri and Ors. v. State of Bihar and Ors., (1981) 1 SCC 627

2 Hussainara Khatoon v. Home Secretary, State of Bihar, AIR 1979 SC 1377 

3Suk Das v. Union Territory of Arunachal Pradesh, (1986) 2 SCC 401

4 Legal Service Authorities Act,1987, S. 12

5 Ramachandra Nivrutti Muluk v. State of Maharashtra, Criminal appeal No.487 of 2008, Decided by Bombay  High Court