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Concept of Legal Aid System in India

- Legal aid in India aims to provide free legal services and assistance to poor and disadvantaged people who cannot afford legal representation. - There are several issues with India's legal aid system including a lack of awareness about legal aid among the population, not enough legal aid advocates, and advocates not being properly trained or monitored. - To improve the system, the author recommends increasing legal literacy programs, providing better training and remuneration for legal aid advocates, organizing more legal aid camps, and utilizing para-legal volunteers and panchayats more effectively. - Access to free legal aid is a fundamental right in India under Articles 14 and 39A of the constitution to ensure equality before the law for all citizens

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Ramneet Kaur Sethi
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123 views

Concept of Legal Aid System in India

- Legal aid in India aims to provide free legal services and assistance to poor and disadvantaged people who cannot afford legal representation. - There are several issues with India's legal aid system including a lack of awareness about legal aid among the population, not enough legal aid advocates, and advocates not being properly trained or monitored. - To improve the system, the author recommends increasing legal literacy programs, providing better training and remuneration for legal aid advocates, organizing more legal aid camps, and utilizing para-legal volunteers and panchayats more effectively. - Access to free legal aid is a fundamental right in India under Articles 14 and 39A of the constitution to ensure equality before the law for all citizens

Uploaded by

Ramneet Kaur Sethi
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CONCEPT OF LEGAL AID SYSTEM IN INDIA

ABSTRACT

Legal Aid in India means providing free services, meal, assistance and
caretaker to the poor people or to the people who are below poverty line in any
judicial proceedings before the Court, Tribunals or any Authority. Legal Aid
main motive or it intend to provide free legal assistance to the people who are
not able to enjoy the free rights assigned on them by the Court or Tribunals or
any authority. Legal Aid in India is not an award but it is an obligation or duty
to serve the poor or needy person who are not able to afford legal services in
India. It is very important to maintain rules, regulation in law in our society. In
this Article I would like to demonstrate my ideas toward the problem related
with lack of education, economy, poverty, lack of awareness among
unprivileged group in India or legal services are delivering to right person
(needy person) or not. The major concern is internal obstacles or problem
which are generated because of lack of knowledge of rules and regulations of
law, people not able to deal with the legal cases, high rate of corruption in
India ,immorality etc. It is duty of the government to take measures positive
steps to motivate people for legal aid in order to provide legal assistance to the
poor or needy people and to encourage the Advocates or Lawyers to help the
needy people in term of Law. I this article I put my ideas towards steps taken
for legal aid in India, right to legal aids, various provision of legal aids and
various points for practical execution of right to free legal aid in India.

__________________________________________________________

∗ The author is pursuing LLB from IEC University, Solan, Baddi, Himachal Pradesh.
INTRODUCTION

India as a state has approved and acknowledged the "Welfare State". The
Constitution of India, Preamble provide justice to all kind of people in
regard of social, economic, political and legal. They have thought of
belief, truth, development and opportunity. Being a welfare state, It has
to improve the well being status of people who are not able to enjoy
status because of lack of education in term of law. So it is the duty of the
nation being welfare state that it must take care the need of the person
who are below poverty line.
In today era, law play a dominant role in term of society control and
society change. It main aim is to promote socio-economic good for
society through law or legal terms. Government of India provide equal
chance to everyone to grow in term of Social, Economic, Financial or
Lagal term. It removes the social disparities among the people. It is an
act of promotion of rights, education, liberty among the nation and its
people. In order to promote or development among people and in order
to spread rights and education among people, Legal Aid is the main
Concept. It has a close relationship (connection) with principles or
people of the welfare state. Legal Aid main aim to rescue the people who
are not able to bear the cost of access or implementation of lawfull
framework in India. Legal Aid also help to make hundred percent surety
for the nation people to provide welfare provision or assistance to the
people. It is just treated as arm of the war or a compaign for the social
justice to fulfill the need of the people in term of law. It's primary aim to
remove unjust institutions which are because of socially or economically
in India.
CONCEPT OF FREE LEGAL AID IN INDIA
After independence in India, there are alot of changes which India face in
term of law. To overcome from these colonial hangover, there are free
legal aid in India organised by government of welfare state. To abolish
this ignorant attitude of law, the constitution of India has implemented
various provisions regarding law in order to protect and promote the
social, economic and political welfare for its people. The aim of free
legal aid is to reach the law rules and regulation to people, not people to
reach law. Legal Aid for a common man is to provide free or cheap legal
services to the poor or needy people who have empty pockets and cannot
engage legal advisor to defend themselves in Tribunal or Court. It
primary goal is to provide equal justice to the people of India.

OBJECTIVES
There are various objective for legal aid in India. These objectives are :-
 The poor or needy should not face any difficulties in terms of Law.
Free assistance or services provided to that people without any
consideration in return.
 The state should become a welfare institution and it should provide
equal justice to all.
 Equal protection in term of law should be provided to every needy or
poor people.
 It should promote the knowledge of law among the ignorant persons.
 It should provide betterment in thinking of people in term of law.
 People should able to enjoy equal fundamental rights assigned on
them by the constitution of India.

ISSUE / PROBLEMS WITH LEGAL AID SYSTEM IN INDIA


It is constitutional obligation on the state or it should not be considered
as a charity or award (bounty). It is a fundamental objective of law to
achieve but the steps proceed to achieve its objectives bare failed. Goal
set to achieve and Goal met are two different path and there are large
difference between both but in India majority of people are unaware of
free legal aid in India. There are various issues and challenges faced by
legal aid system which are as follows:-
 Lack of devotion of service has hampered the quality of services
offered by them.
 There is lack of education among the people. Approximately 70% of
people of Indian population still living in rural area and
approximately 50% of people of Indian population are illiterate. Due
to legal illiteracy in India, the benefit of law or legal term are not
reaching the needy or poor people of India.
 There is lack of control over legal aid advocates.
 There is lack of support by the Advocates or Lawyers as all
advocates or lawyers want the proper fees for their services and most
of the Advocates are not interested in this kind of compaign or free
legal aid camp in India.
 There is lack of powers to Lok Sabha. Lok Sabha have limited
powers as compared to civil courts.
 There is not proper utilisation of PARA LEGAL VOLUNTEERS.
Para Legal volunteers main aim is to promote awareness legal
assistance or to reach the poor or weaker section people of society
but as compared to whole population these PARA Legal volunteers
are very less in number which lead to lack of proper training,
monitoring, verification of these volunteers in India which is also a
great issue in our society.
SOLUTIONS AND SUGGESTIONS
The goal of free legal aid camp is achieved when people of our society
are aware of legal term or if they are assisted by law and treat these legal
aid camp as fundamental rights so there are some improvement made
which are as follows:-
 NGO ( Non Government Organization) also play a great role in
spreading awareness of Law or legal assistance (help) to people.
 LEGAL AID PROGRAMMES :- There should be legal aid
programmes or camp in large quantity which aim to spread
awareness about the rights of the people or free legal aid programme
to poor or needy ones.
 LEGAL LITERACY MISSION:- Legal Literacy Mission are 2
years or 5 years plan to inform people about laws and right or to
promote awareness among people of India.
 GOOD REMUNERATION:- Good Remuneration to the Lawyers
also play a great role as people of India specially lawyers are more
capable and good representatives but their remuneration is not paid
accordingly. There must be increase in Remuneration paid to the
Lawyer.
 LEGAL AID CAMP :- Legal Aid Camp is mandatory in all colleges
or universities. Attendance of the students or folks are mandatory.
This also lead toward spread of awareness among people who are not
aware from these services or facilities in India.
 FEEDBACK:- Work of Advocate are evaluated through feedback. If
there is not good feedback then Lawyers, Advocates get
disappointed. So this approach by asking people about feedback
should be there and there should be proper progress reports of every
advocates.
 PANCHAYAT:- Panchayat play a great role in this as it is an
efficient tool for ADR (Alternative Dispute Resolution).

RIGHT TO LEGAL AID IN INDIA


Free Legal aid services have been set up to provide Legal advice to the
poor and the needy people. As we all know In India there is alot of poor
and needy people who are not able to earn or manage their three times
meal so it is difficult for them to afford ab advocate or lawyer for their
case or for defend themselves. Free legal aid is necessary for everyone as
it is written in our constitution of India under Article 14 state that all the
people are equal to justice should also provided to all the person (rich or
poor) so free legal aid is given to poor only who are not able to fight a
case. It is the fundamental right in the Constitution of India under Article
14 that everyone should have equal right to enjoy this legal aid system in
India.
LEGAL REPRESENTATIVE specially to poor and weaker section of
people as they are also citizen of India and have equal right to enjoy.
Free legal aid provide to all citizen of India as it is mentioned in Article
39A of the constitution of India.
PUBLIC EDUCATION to every citizen of India as it is fundamental
right because free legal aid has also become a part of fundamental rights.
All citizen of India should have right equality before law which is
mentioned in Article 14 of our Constitution.

CONCLUSION
From above it is concluded that Legal Aid is an obligation of state and it
should not treated as charity or reward (bounty). It is an old age concept
which come from our ancestor time. To make improvement in legal aid
to be successful in legal aid, government needs to take proper step by
spreading awareness and educating the people about their basic
fundamental rights. The main aim of government should be to provide
equal justice to all. If people are educated and aware of rights there will
be proper utilisation of free legal services and facilities. It is a simple
concept of providing justice to all citizens of a nation specially among
those who are not able to pay fees or are below poverty line.

Reference :-
 https://www.academia.edu/36325912/
Legal_Aid_and_Awareness_in_India_Issues_and_Challenges?
auto=download.
 http://www.legalserviceindia.com/legal/article-82-legal-aid-and-
awareness-in-india-issues-and-challenges.html.

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