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Judicial Reforms in Legal Aid

JUDICIAL REFORMS IN LEGAL AID
- Anishka Jaidev Govekar, Symbiosis Law School, Pune

There are many cases filed in India every year by all kinds of people from different parts of India, out of which some are rich some are poor. Legal Aid is a Fundamental Right of every citizen in India. Article 39A of the Constitution ensure free legal aid to the poor and needy people of country to provide free, fair, reasonable and just procedure of Court.  This is guaranteed as fundamental right under Art 21 of the constitution. Getting free legal aid is a part of Right to life as court believes that to serve justice both parties shall be in a condition to speak before the court and put forth their side, as it is also necessary to maintain principle of “Audi Alteram Partem” which means here the other party. If a person is poor and not able to hire advocate to appear before court, it would become difficult for Court to pass any judgment without hearing the other conflicting party and principle of “justice for all” will not be served properly. Free Legal Aid is not just necessary for this only purpose but also court want to give justice to all and for that people need to come before court by filing petition or case as it will not be possible for justice system to bring court to every doorstep asking everyone their graveness and conflict hence Judiciary expect from a citizen to bring their matters before court and then only court will act in best possible way to serve justice to everyone. Therefore there is a need of free legal aid for all the poor and needy people of India.

In Hussainara khatoon  v State of Bihar, ((1980) 1 SCC 98), in this case Supreme Court got an opportunity when there was delay of the party in approaching court due to inability to engage a legal counsel and court had highlighted the Art 39 of the constitution which emphasize free legal aid to all needy and poor people.

According to the Constitution of India, Justice shall be provided to all irrespective of any kind of discrimination in society. Poor people of India shall not be deprived of the justice just because of their financial status. Everyone shall get an equal opportunity to stand before the judge and keep their points for proving them not guilty. Right to free legal aid is one of the most important ingredients of a reasonable, fair and just procedure of judiciary.

In case of Khatri v State of Bihar (AIR 1981 SC 262), it was held that poor and needy people should get legal aid from the time of trial and also when they are first produced before magistrate, if they are not aware about the same it shall be the duty of magistrate to inform party about their right to take free legal aid. 

Indian Judiciary has taken certain steps in providing free legal aid in various ways to Indians. Some of which are:- 

• Legal Services Authorities Act, 1987:- this Act was enacted to provide free legal services to those needy and poor people. Committee was formed under the chairmanship of Justice Bhagwati for providing free legal scheme to poor and needy. This Committee formed Lok Adalat at various places of the country, to settle dispute at pre legislation stage. Criminal offences cannot be bringing to Lok Adalat as it is barred by jurisdiction. Party can directly interact with each other as there is absence of CPC and Evidence Act in this court, which will not be possible in other civil court. This Lok Adalat is more of Compromising then getting end result where one party will be punished or will have to pay compensation. It gives Speedy disposal of cases, less litigation cost and it avoids further appeal.
• Public Interest Litigation (PIL):- “Public Interest” means interest of the public at large and litigation means “legal action”. earlier there was a traditional rule of “Locus Standi” which used to allow only that party whose right was violated. That rule still exist, but Supreme Court in its decisions has also allowed anyone to take matter before case if interest of public at large is violated. PIL also helps courts by reducing various cases from various people on same subject matter, which used to delay the justice.
Mumbai Kangar Sabha v. Abdul Thai (AIR 1976 SC 1455) in this case First time PIL was sown by Justice Krishna Iyer in 1976. 
Akhil Bhartiya Shoshit Karmachari Sangh (Railway) v. Union Of India  (AIR 1981 SC 298) PIL was first initiated in this case by Krishna Iyer J. by allowing unregistered workers association to file writ petition together.
• Legal Literacy Camps - Besides all this, there is a need of basic Legal knowledge to every citizen and for which justice provider shall organize different camps in villages, lectures should be delivered to the school going children mostly related to road and traffic laws and constitutional fundamental rights.  Every citizen must know at least their basic or fundamental rights guaranteed to them by the state. And also whenever some new law comes into existence knowledge of that law shall be given to the lawyers by conducting lectures, programs, videos, discussions etc. by advocates association. And special programs shall be conducted for the general public as well.
• Legal Aid in Law schools and clinics in law colleges and universities:- various law schools has started Legal Aid service in collage. They are helping general public to know their rights by conducting awareness programs, by delivering lectures in Schools, Colleges, in Panchayats, etc. The main objective of this is that justice should be reached out to each and every person whether rich or poor 

Conclusion:

Even though Indian Laws are providing lot many options for needy people to know their law and to get legal services freely we need to work on many more aspects like there is a need of Criminal Justice reform as well like in civil cases. There is also need of free justice access services in India in other fields of courts remaining untouched like Arbitration, mediation and Alternative Dispute Resolution. Poor people just don’t find difficult to find legal counsel as they are not having enough money for their services but they also find it very difficult to travel on every date to the court for hearing, so the compensation shall also be paid to them if found not guilty for their matter. Many Advocates try their best in giving their poor and needy client enough compensation but this shall be included in Indian Law itself which provide for free legal services to needy as most of the time needy people don’t go for an appeal as they will have to travel more to get justice, sometimes even by leaving behind their job
As Supreme Court and High courts are mostly not available at the place from where the needy person belongs to. Hence all these things also need to be taken into consideration.


References:-  

1. Evolution of the concept of Legal Aid and its relevance – Alexander Hemilton
2. Judicial Activism and Public Interest Litigition In India – Pritam Kumar Ghosh
3. Role of Legislature and Legal Services Authorities towards Lok Adalat – Samuel Adams