legal aid in india ppt

7/21/2019 Legal Aid in India Ppt

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Legal Aid : Concepts,PracticeAnd Legal ServicesAuthority Act.


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History of Legal Aid:- Legal Aid implies giving free legal services to the poor and

needy who cannot aord the services of a lawyer for the conductof a case or a legal proceeding in any court, tribunal or before anauthority. The earliest Legal Aid movement appears to be of theyear 1!1 when some enactment was introduced in "rance forproviding legal assistance to the indigent. #n $ritain, the history

of the organi%ed eorts on the part of the &tate to provide legalservices to the poor and needy dates bac' to 1()), when Lord*hancellor, +iscount &imon appointed ushclie *ommittee toenuire about the facilities eisting in /ngland and 0ales forgiving legal advice to the poor and to ma'e recommendations as

appear to be desirable for ensuring that persons in need of legaladvice are provided the same by the &tate.

- ne need not be a litigant to see' aid by means of legal aid.Legal aid is available to anybody on the road. 2ustice $lac'mun in

Jackson v. Bishop says that3 4The concept of see'ing 5usticecannot be euated with the value of dollars. 6oney plays no role

4


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!ro"th of Legal Aid in #ndia:- &ince 1(!7, the 8ovt. of #ndia also started addressing to the

uestion of legal aid for the poor in various conferences of Law6inisters and Law *ommissions. #n 1(9:, some guidelines weredrawn by the 8ovt. for legal aid schemes. #n dierent stateslegal aid schemes were ;oated through Legal Aid $oards,&ocieties and Law .?. $hagwati then a 2udge ofthe &upreme *ourt of #ndia. This *ommittee came to be 'nownas *#LA& @*ommittee for #mplementing Legal Aid &chemes andstarted monitoring legal aid activities throughout the country.The introduction of Lo' Adalats added a new chapter to the5ustice dispensation system of this country and succeeded inproviding a supplementary forum to the litigants for conciliatorysettlement of their disputes. #n 1(B Legal &ervices AuthoritiesAct was enacted to give a statutory base to legal aid

programmes throughout the country on a uniform pattern. This


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Concept of Legal Aid

- The concept of legal aid is in the form of Article D(A into ourconstitutional framewor'. =ence, legal aid is not a charity orbounty, but is a constitutional obligation of the state and right ofthe citi%ens. The problems of human law and 5ustice, guided by theconstitutional goals to the solution of disparities, agonies,

despairs, and handicaps of the wea'er, yet larger brac'ets of$haratEs humanity is the prime ob5ect of the dogma of Feual5ustice for allG. Thus, legal aid strives to ensure that theconstitutional pledge is fulClled in its letter and spirit and eual5ustice is made available to the downtrodden and wea'er sections

of the society. #t is the duty of the &tate to see that the legalsystem promotes 5ustice on the basis of eual opportunity for allits citi%ens. #t must therefore arrange to provide free legal aid tothose who cannot access 5ustice due to economic and otherdisabilities.

- The Legal Aid is not a matter of charity but it can be claimed as a


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- )7nd Amendment Act, 1(B9, inserted a new Article D( @A in

the *onstitution of #ndia this way a signiCcant step in thedirection of *onstitutionalisation of Legal Aid. The relevantprovisions in the *ode of *riminal >rocedure and the *ode of *ivil>rocedure have also amended for securing eual and social2ustice in criminal as well as civil cases.

Contri$utions %ade By Justice&.'.(rishna #yer:- The contribution of 5ustice Hrishna #yer towards thedevelopment and incorporation of the concept of legal aid in the

#ndian legal system has been tremendous. =is report titled>rocessionals 5ustice to poorE has gone a step further in enablingthe recognition of the poor for the purpose of giving legal aid.- 2ustice Hrishna #yer was appointed as the *hairman of*ommittee for Legal Aid. The *ommittee was formulated as on

the 77nd day of ctober 1(B7. The *ommittee after conductingsample surveys of large part of the country submitted a 7B!


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- The report clearly laid down that it is a democratic obligation ofthe &tate towards its sub5ect to ensure that the legal system

becomes an eective tool in helping secure the ends of social5ustice.

-2ustice Hrishna #yer regarded the Legal Aid program as a catalystwhich would enable the aggrieved masses to re-assert &tateresponsibility under >art #+ of the *onstitution.

Contri$utions %ade By Justice P.).Bhag"ati :2ustice >.?. $hagwati practiced at the =igh *ourt, $ombay, hebecame a 2udge of the 8u5arat =igh *ourt on 71st 2uly, 1(9:, andbecame *hief 2ustice of 8u5arat on 19th &eptember, 1(9B. n 1Bth

2uly, 1(BD, he became the 5udge of the &upreme *ourt of #ndia. =ewas also *hairman of the Legal Aid *ommittee appointed by the8overnment of 8u5arat for suggesting ways and means ofproviding free legal aid and advice to the poor and wea'er sectionof the community3 and also acted as *hairman of the &tate Legal

Aid *ommittee for running the >ilot >ro5ect of free Legal Aid andAdvice in 8u arat. =e wor'ed successfull to build u an elaborate


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=e is widely regarded as the originator of #ndiaEs legal aid

programme, including setting up of legal aid camps in ruralareas, wor'ing with ?8s, establishing legal aid clinics etc.

- #n a report on "ree Legal Aid in 1(B1. 2ustice $hagwatiobserved 4 even while retaining the adversary system, some

changes may be eected whereby the 5udge is given greaterparticipatory role in the trail so as to place poor, as far aspossible, on a footing of euality with the rich in theadministration of 5ustice.F

The report headed by him, in detail stated the constitutionand the wor'ing of dierent legal committees such asI*a+The Talu'a Legal aid *ommittee*$+The


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Legal Services Authorities Act, -/:*riterion "or >roviding Legal AidI- &ection 17 of the Legal &ervices Authorities Act, 1(Bprescribes the criteria for giving legal services to the eligiblepersons. &ection 17 of the Act reads as underI-/very person who has to Cle or defend a case shall beentitled to legal services under this Act if that person is-

@a a member of a &cheduled *aste or &cheduled Tribe3@b a victim of traJc'ing in human beings or begar asreferred to in Article 7D of the *onstitution3@c a woman or a child3@d a mentally ill or otherwise disabled person3

@e a person under circumstances of undeserved want suchas being a victim of a mass disaster, ethnic violence, casteatrocity, ;ood, drought, earthua'e or industrial disaster3 or@f an industrial wor'man3 or@g in custody, including custody in a protective home within

the meaning of clause @g of section 7 of the #mmoral TraJc


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@>revention Act, 1(!9 @1:) of 1(!93 or in a 5uvenile homewithin the meaning of clause.@h of section 7 of the 2uvenile 2ustice Act, 1(9 @!D of 1(9 or

in a psychiatric hospital or psychiatric nursing home within themeaning of clause@g of section 7 of the 6ental =ealth Act, 1(B @1) of 1(B3 or@i in receipt of annual income less than rupees nine thousandor such other higher amount as may be prescribed by the

&tate 8ovt., if the case is before a court other than the&upreme *ourt, and less than rupees twelve thousand or suchother higher amount as may be prescribed by the *entral8ovt., if the case is before the &upreme *ourt.@ules have already been amended to enhance this income

ceiling.

- Legal &ervices Authorities after eamining the eligibilitycriteria of an applicant and the eistence of a prima facie casein his favour provide him counsel at &tate epense, pay thereuired *ourt "ee in the matter and bear all incidental

epenses in connection with the case. The person to whom


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Hierarchy 0f Bodies Created 1nder2he Act:- A nationwide networ' has been envisaged underthe Act for providing legal aid and assistance.?ational Legal &ervices Authority is the ape bodyconstituted to lay down policies and principles for

ma'ing legal services available under theprovisions of the Act and to frame most eectiveand economical schemes for legal services. #t alsodisburses funds and grants to &tate Legal &ervicesAuthorities and ?8s for implementing legal aidschemes and programmes.

- #n every &tate a &tate Legal &ervices Authority isconstituted to give eect to the policies and

directions of the *entral Authority @?AL&A and to


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- A serving or retired 2udge of the =igh *ourt is

nominated as its /ecutive *hairman.

-


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3 )ational LegalServices*)ALSA+3 Supre4e Court Legal

Services Co44ittee3 State Legal Services

Authority:3 High Court Legal ServicesCo44ittee

3 5istrict Legal Services


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Constitutional provisions:

Article D(A of the *onstitution of #ndia provides that &tateshall secure that the operation of the legal systempromotes 5ustice on a basis of eual opportunity, and shallin particular, provide free legal aid, by suitable legislationor schemes or in any other way, to ensure that

opportunities for securing 5ustice are not denied to anyciti%en by reason of economic or other disability. Articles1) and 77@1 also ma'e it obligatory for the &tate toensure euality before law and a legal system whichpromotes 5ustice on a basis of eual opportunity to all.

Legal aid strives to ensure that constitutional pledge isfulClled in its letter and spirit and eual 5ustice is madeavailable to the poor, downtrodden and wea'er sections ofthe society. &ec. D:), *riminal >rocedure *odeI The*onstitutional duty to provide legal aid arises from the

time the accused is produced before the 6agistrate for


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K Saleint features of Legal ServicesAuthorities Act, -/:

3 &ection 1(1.*entral, &tate,


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be ta'en cogni%ance of by the Lo' Adalat.). *ompromise settlement shall be guided by the

principles of 5ustice, euity, fair play and other legalprinciples.!. 0here no compromise has been arrived at throughconciliation, the matter shall be returned to the

concerned court for disposal in accordance with Law.

3 &ection 71After the agreement is arrived by the consent of theparties, award is passed by the conciliators. The matterneed not be referred to the concerned *ourt for consentdecree.

The Act provisions envisages as underI1. /very award of Lo' Adalat shall be deemed as decree

of *ivil *ourt.


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on all the parties to the dispute.D. ?o appeal shall lie from the award of the Lo'

Adalat.

3 &ection 77/very proceedings of the Lo' Adalat shall be

deemed to be 5udicial proceedings for the purposeof I-1. &ummoning of 0itnesses.7. ublic record.

3 According to section 7@1 @a of the Act, legal aidcan be provided to a person for a case which

includes a suit or any proceeding before a court.


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any tribunal or any other authority constituted

under any law for the time being in force, toeercise 5udicial or uasi-5udicial functions. As persection 7@1@c legal service includes the renderingof any service in the conduct of any case or other

legal proceeding before any court or other authorityor tribunal and the giving of advice on any legalmatter.


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Supre4e Court Cases that led to thedevelop4ent of Legal Aid in #ndia

- =ussainara Hhatoon M rs. @+ v. =ome&ecretaryIThe lin'age between Article 71 and the right to free legal aid wasforged in the decision in =ussainara Hhatoon v. &tate of $ihar wherethe court was appalled at the plight of thousands of undertrialslanguishing in the 5ails in $ihar for years on end without ever beingrepresented by a lawyer. The court declared that 4there can be nodoubt that speedy trial, and by speedy trial, we mean reasonablyepeditious trial, is an integral and essential part of thefundamental right to life and liberty enshrined in Article 71.4 The

court pointed out that Article D(-A emphasised that free legalservice was an inalienable element of Nreasonable, fair and 5ustEprocedure and that the right to free legal services was implicit inthe guarantee of Article 71. #n his inimitable style 2ustice $hagwatideclaredI

4Legal aid is really nothing else but eual 5ustice in action. Legal aidis in fact the delivery system of social 5ustice. #f free legal services


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- "urther in the case of =ussainara Hhatoon M rs. @+ v.=ome &ecretary, &tate of $ihar, >atna 2ustice $hagwati held

thatI 4itEs the constitutional right of every accused personwho is unable to engage a lawyer and secure legal serviceson account of reasons such as poverty, indigence orincommunicado situation, to have free legal servicesprovided to him by the &tate and the &tate is under a

constitutional mandate to provide a free lawyer to suchaccused person if the needs of 5ustice so reuire. #f freelegal services are not provided to such an accused, the trialitself may run the ris' of being vitiated as contraveningArticle 71 and it is hoped that every &tate 8overnment

would try to avoid such a possible eventuality.F


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- (hatri 6 0rs. *##+ v. State of Bihar 6 0rs.I

$hagmati 2. observed3ight to free legal aid, 5ust, fail and reasonableprocedures is a fundamental right @HhatoonEs *ase. #t iselementary that the 5eopardy to his personal libertyarises as soon as the person is arrested and is produced

before a magistrate for it is at this stage that he gets the1st opportunity to apply for bail and obtain his releaseas also to resist remain to police or 5ail custody. This isthe stage at which and accused person needscompetent legal advice and representation. ?oprocedure can be said to be 5ust, fair and reasonablewhich denies legal advice representation to the accusedat this stage. Thus, state is under a constitutionalobligation to provide free to aid to the accused not only

at the stage of .... /very individual of the society areentitled as a matter of prerogative..


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3 #ndira !andhi v. 'a7 )arainThe *ourt saidI4ule f Law is basic structure of constitution of #ndia./very individual is guaranteed the its give to him underthe constitution. ?o one so condemn unheard. /uality of

5ustice. There ought to be a violation to the fundamentalright or prerogatives, or privileges, only then remedy goto *ourt of Law. $ut also at the stage when he Crst isproduced before the magistrate. #n absence of legal aid,trial is vitiated.F

- (ara Aphasia v. State of BiharI2ustice $hagwati while delivering the 5udgement in the case ofHara Aphasia v. &tate of $ihar, where the petitioners wereyoung boys of 17-1D years when arrested, and were still

languishing in 5ail for over years. They also alleged to havebeen 'ept in leg irons and forced to do wor' outside the 5ail,


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competent lawyer at the cost of the &tate, since legal aid in

a criminal case is a fundamental right implicit in Article 71.

- Legal 'esearch 6 Anr. v. State of (erala:#n *entre for Legal 'esearch 6 Anr. v. State of (erala,*hief 2ustice $hagwati too' a step further and laid down

norms or guide-lines laid down for &tate to follow in givingsupport and cooperation to voluntary organi%ations andsocial action groups in operating legal aid programmers andorgani%ing legal aid camps and lo' adalats or niti melas.0hile delivering the 5udgment $hagwati, *.2., stated that thewrit petition raised a uestion as to whether voluntaryorgani%ations or social action groups engaged in the legalaid programmed should be supported by the &tate8overnment and if so to what etent and under whatconditions.


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Legal Aid 1nder C.P.C And Cr.P.C:

- &. D:)@1 4Lays down that when accused facing a trial.*oncept of free legal aid scheme under legal servicesAuthority. Act is only when accused facing trial in court. 0henperson is ++ poor, then he can get legal aid. #n the absenceof lawyer, the entire trial becomes vitiated and then case to

be remanded bac' to the trial court. *ourt to as' theaccused, whether he has services to engage a lawyer or not.#f not, the court is bound to give him lawyer from the bar,who should be well versed with the law and to be get paid by&t. 8ovt. *ourt cannot sympathi%e with a lawyer. Lawyer

must be a competent one....4is amicus curiae @friend ofcourt. &. D:), *r>* plays +. imp. role.4

- rder DD, rule 1B, *>*I - &uit by or against an indigentperson. 0hen a plaint along with petition, that person unable

to avail services of an lawyer, then court eempts him from


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Supre4e Court Legal Services

Co44ittee:- The &upreme *ourt Legal &ervices *ommitteehas been enacted under the Legal &ervicesAuthorities Act, 1(B for the eective rendering

of 5ustice in the ape court. #f a person belongsto the poor section of the society having annualincome of less than s. 1,:::O- or belongs to&cheduled *aste or &cheduled Tribe, a victim of

natural calamity, is a woman or a child or amentally ill or otherwise disabled person or anindustrial wor'man, or is in custody includingcustody in protective home, heOshe is entitled

to get free legal aid from the &upreme *ourt


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- The aid so granted by the *ommittee includescost of preparation of the matter and all

applications connected therewith, in addition toproviding an Advocate for preparing and arguingthe case. Any person desirous of availing legalservice through the *ommittee has to ma'e an

application to the &ecretary and hand over allnecessary documents concerning his case to it.

The *ommittee after ascertaining the eligibility ofthe person provides necessary legal aid to

himOher.

- >ersons belonging to middle income group i.e.with income above s. 1:::O- but under s.

17::::O- per annum are eligible to get legal aid


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8uture of Legal Aid in #ndia:-The /ncyclopedia $ritannica deCnes legal aid as

phrase which is acuired by usage and courtdecisions, a speciCc meaning of giving to person oflimited means grants or for nominal fees, advice orcounsel to represent them in court in civil and

criminal matters.

- #nability to consult or to be represented by alawyer may amount to the same thing as being

deprived of the security of law. awls Crst principleof 5ustice is that each person is to have an eualright to the most etensive total system of eualbasic liberties compatible with a similar system of

liberties for all Legal Aid is the method adopted to


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- Thus, the provisions of legal aid to the poor arebased on humanitarian considerations and the

main aim of these provisions is to help the povert-stric'en people who are socially and economicallybac'ward

- Lord


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Conclusion:

-Thus we can Cnd a paradigm shift in theapproach of the &upreme *ourt towards theconcept of legal aid from a duty of the accusedto as' for a lawyer to a fundamental right of an

accused to see' free legal aid. $ut in spite of thefact that free legal aid has been held to benecessary ad5unct of the rule of law, the legal aidmovement has not achieved its goal. There is a

wide gap between the goals set and met. Thema5or obstacle to the legal aid movement in#ndia is the lac' of legal awareness. >eople arestill not aware of their basic rights due to whichthe legal aid movement has not achieved its goalet. #t is the absence of le al awareness which


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- Thus it is the need of the hour that the poor

illiterate people should be imparted with legal'nowledge and should be educated on their basicrights which should be done from the grass root levelof the country. $ecause if the poor persons fail toenforce their rights etc. because of poverty, etc. they

may lose faith in the administration of 5ustice andinstead of 'noc'ing the door of law and *ourts tosee' 5ustice, they may try to settle their disputes onthe streets or to protect their rights through muscle

power and in such condition there will be anarchyand complete dearth of the rule of law. Thus legal aidto the poor and wea' person is necessary for thepreservation of rule of law which is necessary for theeistence of the orderly society. Pntil and unlesspoor illiterate man is not legally assisted, he is


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The end.

legal aid in india ppt

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