Legal Aid, Poverty and Social Justice
LEGAL AID, POVERTY AND SOCIAL JUSTICE
- Ishika Sharma, Symbiosis Law School
A lawyer while lawyering, an advocate while doing advocacy is no doubt making his own fortune, but in addition to that his art of lawyering, his techniques of advocacy, his skills of argument, his treatment to the law and the facts in hand cast definite shadows on the conditions in society, lawyers make the most significant contribution to the final outcome of justice system that is the court verdicts and judgment which ultimately shape the future path of our society.The role of a lawyer is central to one of the vital organs of the state i.e. judiciary. Law is not merely a profession to keep the pot boiling but it’s a noble profession. In Law profession people are able to solve their problems and get answers to several questions which is not provided by any other organ of society.
Every practicing advocate always bear in mind that that anyone who genuinely needs a lawyer but is unable to pay for the services to get legal assistance. This aspect is most important for legal system of country as by only giving them rights, problem will not be solved until remedies are also given along with rights. But the poor section of India which is in majority will not be able to take advantage of these remedies if legal aid is not provided.
Legal Aid is an issue which is discussed in every country whether it is developed or not. Because in every society there are people who can’t afford to avail legal services which are provided them by any form of government to protect their rights. Likewise, in India provisions for legal aid is mentioned in the primary law of land i.e. Constitution of India. The Indian Constitution is liberal, we do not mean that it is liberal only in the classical western sense. Classical liberalism always priorities privilege of rights of individuals over demands of social justice and community values.The liberalism of the Indian Constitution differs from this version in two ways. First, it was always linked to social justice. The best example of this is the provision for reservations for Scheduled Castes and Scheduled Tribes in the Constitution. The makers of the Constitution believed that the mere granting of the right to equality was not enough to overcome age-old injustices suffered by these groups or to give real meaning to their right to vote. Special constitutional measures were required to advance their interests. In the same way under Indian social justice is protected by legal aid to people who did not afford to avail legal services.
In Indian Constitution under Article 38 states that the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions. Under Article 22(1) it is stated that No person who is arrested shall be denied the right to consult, and to be defended by, a legal practitioner.
The leaders of the judiciary and the bar in India have long recognized the need for effective legal assistance to all in society. Indeed, the most comprehensive inquiry into the problem came just after independence, in the then State of Bombay. This inquiry, under the direction of Mr. Justice N. H. Bhagwati, remains an excellent summary both of the need for legal aid and the manner in which it should be implemented.The Supreme Court has provided its rules for legal aid to be provided, at the discretion of the Court, in all criminal cases coming before.
The major problem which was faced after in implementation of these schemes of legal aid is the expansion of such comprehensive schemes to the lower courts, particularly the district courts. Where in many instances it has been seen that there are provisions of legal aid present but it is rarely adhered by the judicial officers. Many a times judges forget to mention their right to counsel or legal aid and justice to innocent is compromised only because they did not have ability to pay. The effectiveness of the legal aid is also matter of great concern as legal practitioner did not work with same dedication as they work for a case in which they are paid which ultimately take away the whole purpose of legal aid as right given to people to safeguard their rights.
Another problem which is faced in the implementation of the scheme of legal aid is awareness of the people themselves. Many a times the accused did not even understand the right given to them. There is need of strict legislations to punish those for non-compliance with the law. There is need to bring awareness in the minds of people about the right available to them. This can be done by connecting the legal clinics of law colleges to their nearby court. So that the people who need help can first approach these non-judicial officers to understand their rights given by constitution of India.
It needs to be understood here that in order to rehabilitate members of society who are culturally and economically deprived, it is necessary to provide them with a means for redressing their grievances and asserting their rights. If the law can be made to work for people, they will be more likely to become contributing members of society. If the law, on the other hand, is an "enemy" and if a poor person cannot find a way in which to redress his grievances through the instruments of the law, he may turn against the legally constituted authorities and his destructive impulses will be encouraged. A poor person unjustly convicted because of lack of adequate counsel is not only wrongfully punished, but he is likely to be alienated from society. A poor person who is unable to contest an unjust eviction will not have much confidence in the rights that democracy grants him. A poor person who is defrauded and finds no one to turn to because he cannot pay a lawyer is not likely to understand the "rule of law."
REFERENCES :-
• C. Rama Swamy Sarma, Lawyer\'s Role in Present Society, Andhra Law Times 1987 (Journal Section), p. 14
• Legal Aid" (a working paper discussed at the Third All-India Law Conference, August 1962) in 2 Indian Advocate 29 (April-June 1962)
• Order XXI (25), Supreme Court of India Rules, 1966, Gazette of India Extraordinary, January 15, 1966, at
• Abhinav Sekhri Dancing In The Dark: The Right To Effective Legal Assistance In India, www.maupatra.com
