RESEARCH TOPIC- ROLE OF LEGAL AID IN PROMOTING JUSTICE

The Role of Legal Aid in Promoting Access to Justice in the Indian Context

Introduction

Legal aid serves as a critical mechanism for ensuring that justice is accessible to all, irrespective of socio-economic status. It embodies the principle that justice should not be the preserve of the affluent, but a right available to every individual. In a country like India, where economic disparities and social inequalities are profound, legal aid is pivotal in bridging the gap between law and the marginalized sections of society.

Access to justice is a fundamental right enshrined in the Indian Constitution. However, the realization of this right requires more than just the presence of courts and legal systems; it demands that individuals are able to understand, access, and utilize the law to protect their rights. This is where legal aid plays an indispensable role.

This article delves into the historical evolution, constitutional mandates, statutory frameworks, and the judiciary’s role in promoting legal aid in India. It also examines the mechanisms, challenges, recent developments, and the impact of legal aid on access to justice. The article concludes with future prospects and recommendations for strengthening legal aid in India.

Historical Background of Legal Aid in India

The concept of justice in ancient Indian law was rooted in the principles of Dharma, where the ruler was expected to be the upholder of justice. The ancient texts, including the Manusmritiand Arthashastra, provided frameworks for dispute resolution. The idea of justice was holistic, integrating both legal and moral dimensions. Local institutions like Panchayats played a crucial role in resolving disputes within communities, ensuring that justice was accessible at the grassroots level.

During the medieval period, especially under the Mughal rule, the justice system was influenced by Islamic jurisprudence. Qazis were appointed to adjudicate cases, and while the system was more formalized than in ancient times, access to justice was still localized and community-driven.

The advent of British rule marked a significant shift in the Indian legal system. The British introduced their legal principles and court systems, which were largely alien to the Indian populace. The introduction of codified laws and formal courts created a distance between the law and the common people. The legal system became complex, expensive, and inaccessible to the poor.

During the colonial period, access to justice was largely limited to the wealthy and the educated. The British legal system was seen as an instrument of control, rather than a means to deliver justice to the masses. This period saw the emergence of a dual system—formal British courts for the elite and traditional systems for the rural populace.

After India gained independence in 1947, the focus shifted towards creating a more equitable justice system. The Indian Constitution, adopted in 1950, laid the foundation for ensuring justice for all citizens. The framers of the Constitution recognized that access to justice is fundamental to the realization of other rights and incorporated provisions to promote legal aid.

The early years after independence saw the establishment of various committees and commissions to explore ways to provide legal aid to the poor. However, it wasn’t until the 1970s that legal aid gained significant momentum as a crucial aspect of access to justice in India.

Article 39A of the Indian Constitution

One of the most significant milestones in the history of legal aid in India was the inclusion of Article 39A in the Indian Constitution through the 42nd Amendment in 1976. This article, part of the Directive Principles of State Policy, mandates the State to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Article 39A reflects the commitment of the Indian State to promote equal justice and provide legal aid to the underprivileged. While the Directive Principles are not justiciable in a court of law, they serve as a guiding principle for the government in policy-making and governance.

The enactment of the Legal Services Authorities Act, 1987,marked a significant step in institutionalizing legal aid in India. The Act led to the establishment of the National Legal Services Authority (NALSA) and various State and District Legal Services Authorities. These bodies are responsible for providing free legal services to eligible citizens, organizing Lok Adalats, and promoting legal literacy.

The Legal Services Authorities Act provides a statutory framework for legal aid services in India. It defines the criteria for eligibility for legal aid and outlines the functions of legal services authorities. The Act also emphasizes the role of legal aid in promoting justice for marginalized communities, including women, children, Scheduled Castes, Scheduled Tribes, and other socially and economically disadvantaged groups.

Several other legislations and amendments complement the legal aid framework in India:

​​Criminal Procedure Code, 1973: Section 304 of the CrPC mandates the provision of legal aid to the accused at State expense if they cannot afford legal representation.

​​The Civil Procedure Code, 1908 (Amendment): The amendment of Order 33 of the CPC allows indigent persons to sue in forma pauperis, thus facilitating access to civil justice for the poor.

​​Public Interest Litigation (PIL): The concept of PIL, introduced by the judiciary in the 1980s, has become a powerful tool for ensuring access to justice, especially for those who are unaware of their rights or lack the resources to approach the courts.

Role of Judiciary in Promoting Legal Aid

Landmark Judgments

The Indian judiciary has played a proactive role in promoting legal aid and ensuring access to justice. Several landmark judgments have shaped the legal aid landscape in India:

​​Hussainara Khatoon vs. State of Bihar (1979)

This case is a watershed moment in the history of legal aid in India. The Supreme Court, while addressing the issue of undertrial prisoners languishing in jails for extended periods without trial, emphasized the right to a speedy trial as part of the right to life and personal liberty under Article 21. The court also stressed the need for providing free legal aid to indigent accused persons.

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​Khatri (II) vs. State of Bihar (1981)

In this case, the Supreme Court reiterated that the right to free legal aid is an essential part of the right to life and liberty under Article 21. The court held that the State is under a constitutional obligation to provide legal aid to indigent accused persons at the time of their first production before the magistrate.

​​Sheela Barse vs. State of Maharashtra (1983)

This case highlighted the need for legal aid for women in custody. The Supreme Court directed the State to provide legal assistance to women prisoners and emphasized the importance of legal aid in protecting the rights of marginalized sections of society.

These judgments underscore the judiciary’s recognition of legal aid as a fundamental right and its role in ensuring that justice is not denied to anyone due to poverty or ignorance.

Judicial Activism and Legal Aid

Judicial activism in India has often been a catalyst for social change, particularly in the realm of access to justice. The judiciary, through its innovative interpretations of constitutional provisions, has expanded the scope of legal aid and reinforced the State’s obligation to provide free legal services to the needy.

The concept of Public Interest Litigation (PIL) is one of the most significant contributions of judicial activism. PIL allows individuals or groups to file petitions in the public interest, even if they are not directly affected by the issue at hand. This has made the judiciary more accessible to marginalized communities and has brought to the fore issues related to human rights, environmental protection, and social justice.

Role of Public Interest Litigation (PIL)

PIL has emerged as a powerful tool for promoting legal aid and ensuring access to justice. It has allowed the courts to address issues affecting large sections of society, particularly those who are unable to approach the courts due to economic or social constraints.

PIL cases have led to significant legal reforms and policy changes, including the implementation of legal aid schemes, protection of the rights of marginalized groups, and improvements in the criminal justice system. The judiciary’s proactive approach in PIL cases has also led to the establishment of guidelines and mechanisms for providing legal aid to underprivileged sections of society.

Legal Aid Mechanisms in India

National Legal Services Authority (NALSA)

The National Legal Services Authority (NALSA) is the apex body responsible for overseeing the implementation of legal aid services in India. Established under the Legal Services Authorities Act, 1987, NALSA’s primary objectives include providing free legal services to eligible citizens, organizing Lok Adalats for the amicable settlement of disputes, and promoting legal literacy and awareness.

Functions and Initiatives

NALSA has undertaken various initiatives to ensure that legal aid reaches the most vulnerable sections of society. Some of its key functions include:

​•​Provision of Free Legal Services: NALSA provides free legal representation, advice, and assistance to eligible individuals in civil and criminal cases.

​•​Legal Awareness Programs: NALSA conducts legal literacy camps and awareness programs across the country to educate people about their rights and the availability of legal aid services.

​•​Lok Adalats: NALSA organizes Lok Adalats at the national, state, and district levels to facilitate the speedy and cost-effective resolution of disputes. Lok Adalats play a crucial role in reducing the burden on regular courts and providing an alternative dispute resolution mechanism.

CONCLUSION

So we can conclude that legal aid had been continuing since ages prior to its codification and it has been an inherent part of our social structure. Legal aid had been an effective tool in the hands of discriminated, marginalised section, women and children also as it helps them to be adjudicated at ground level and without too much intricacies.

ALL RIGHTS RESERVED (SOHAM LAKRA) INTERN VIIPS

Manorama versus Vishal SA 371/24 05/04/24 [ HON’BLE SHRI JUSTICE ACHAL KUMAR PALIWAL] [ MADHYA PRADESH HIGH COURT ]

Suit for declaration of title based on a family settlement deed Both parties filed a compromise petition, which was accepted by the trial court Whether the first appeal was maintainable against the trial court’s order based on a compromise petition The first appeal was not maintainable as the order was passed with the consent of the parties, and such orders can only be challenged in the same court The first appeal was maintainable, and the trial court’s condition regarding the registration of the gift deed was rightly set aside by the appellate court The first appeal was not maintainable The appellate court’s judgment was set aside, and the trial court’s order was restored The first appeal was barred under Section 96(3) of CPC as the order was based on a compromise The court relied on precedents and provisions of Order 23 Rule 3 and Rule 3A CPC, which bar appeals against consent decrees The appeal was allowed, and the appellate court’s judgment was set aside The trial court’s order was restored.

Relevant Paras 

22) The learned counsel for the private respondents has vehemently argued that merely because the private respondents have filed a civil suit against the petitioners does not mean that the criminal proceedings should be quashed. It has been contended that once it is  shown that a criminal offence is made out against the petitioners, the
investigating agency should be allowed to investigate all aspects of the case and that the prosecution cannot be quashed at its inception. In this regard, the learned counsel has relied upon the judgments of the Supreme Court in the cases of Priti Saraf & anr. vs. State of NCT of Delhi & anr, (2021) 16 SCC 142, M/S SAS Infratech Pvt. Ltd. Vs. State of Telangana & anr. (Criminal Appeal No.2574/2024 decided on 14.05.2024) and Sakiri Vasu vs. State of UP & Ors. (2008) 2 SCC 409.
23) There can be no quarrel with the legal position that same set of facts can give rise to both a criminal action and an action of civil nature but before taking recourse to a criminal action, it has to be shown that the allegations made in the FIR/complaint coupled with the material collected by the investigating agency during investigation of the case discloses commission of a criminal offence. In the instant case, none of the petitioners is shown to have made any 28) In view of the aforesaid legal position and having regard
to the fact that the allegations made in the impugned FIR and the material collected by the investigating agency do not disclose commission of any criminal offence by the petitioners, this Court would be failing in its duty if it does not come to the rescue of the petitioners and quash the impugned proceedings by exercising its power vested under Section 482 of the Cr. P. C. Allowing the criminal proceedings to go on in the case of present nature would encourage the people to settle matters of civil nature by taking resort to criminal proceedings which is impermissible
in law.

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