CURRENT SCENARIO OF FREE LEGAL AID IN INDIA

CURRENT SCENARIO OF FREE LEGAL AID IN INDIA

The current scenario of free legal aid in India is a topic of great importance. Free legal aid is a torchbearer for needy individuals who can’t bear the costs involved in legal proceedings. It is legitimate help given free to destitute individuals in administrative, judicial as well as quasi-judicial proceedings and also includes basic consultation concerning legal issues. The provision for free legal aid is for those poor and marginalized individuals who can’t bear the cost of availing services of lawyers for representing them in any proceeding in any Authority, Court or Tribunal. 

The Legal Services Authorities Act, 1987 established a nationwide network of legal aid bodies, including the National Legal Services Authority (NALSA), State Legal Services Authorities, District Legal Services Authorities, and Taluk Legal Services Committees. The National Legal Services Authority (NALSA) is responsible for providing free legal aid services and ensuring that there is equality by giving free legal aid to destitute and needy segments of our nation. Legal services authorities empanel lawyers who are willing to provide their services pro bono or at reduced fees. These lawyers are assigned to represent clients who require legal aid.

Over the years, several landmark cases in India have reaffirmed the importance of legal aid in ensuring justice. For instance, in Hussainara Khatoon v. State of Bihar (1979), the Supreme Court held that the right to free legal aid is a fundamental right implicit in Article 21 (Right to Life) of the Constitution.

Legal aid plays a crucial role in ensuring justice and equality for all. It allows poor and needy people to access the justice delivery framework, with the goal being to not let obliviousness and poverty prevent such people from seeking justice. It provides assistance in various ways, including availability of an advocate for defending in legal proceedings, preparation of pleadings and appeals, drafting of legal documents, supply of authenticated copies of orders and judgments, payment of court fees and witnesses’ expenses, and providing aid and advice to beneficiaries under government welfare schemes and statutes.

The judiciary has also recognized the importance of legal aid. The Code of Criminal Procedure, 1973 provides the right to free legal aid to financially weak or poverty-stricken accused in session trials. In civil cases, such aid can be availed by a reduction in the expenses payable by indigent appellants.

However, the present scenario of free legal aid in India is not without its challenges. The legal aid movement in India is largely unorganized, dispersed, and intermittent. There is a serious lack of cohesion among various organizations working towards providing free legal aid. Lack of interest among panel lawyers in legal aid cases is another issue that needs attention. Despite these challenges, free legal aid continues to be a rescuer for people who are unable to hire a lawyer due to their financial constraints.

In conclusion, free legal aid plays a vital role in ensuring access to justice for all individuals, especially those who are economically disadvantaged. Despite the challenges faced by the legal aid movement in India, it continues to provide assistance to those who cannot afford legal representation. Efforts should be made to address the existing issues and strengthen the provision of free legal aid to ensure that justice is accessible to all segments of society

**Author: Manpreet Kaur, a Student of Guru Nanak Dev University regional campus Gurdaspur