The Right to Legal Aid

The Right to Legal Aid is an integral right which has been a part of the essential

fabric of the human civilization since times immemorial. The Encyclopaedia

Brittanica defines legal aid as the professional legal assistance given, either at no

charge or for a nominal sum, to indigent persons in need of such help. In criminal

cases most countries—especially those in which a person accused of a crime enjoys a

presumption of innocence—provide the services of a lawyer for those who have

insufficient means of their own1.

Lord Denning while observing that Legal Aid is a system of government funding for

those who cannot afford to pay for advice, assistance and representation, said: “The

greatest revolution in the law since the post-second World has been the evolution of

the mechanism of the system for legal aid. It means that in many cases the lawyers’

fees and expenses are paid for by the state: and not by the party concerned. It is a

subject of such importance that I venture to look at the law about costs-as it was-as

such it is-and as it should be2 .”

History of legal aid

The Magna Carta contains the earliest reference to the concept of legal aid. Over

seven centuries ago, the beginnings of equal justice under the law were marked by the

inscription in the 40th paragraph of the Magna Carta:

“To no one will we sell,

to no one will we deny

or delay right or justice.”

“Thus on the green meadows of Runnymede was sown the constitutional seed of legal

aid in the modern world which has travelled to all the continents as part of civilized

jurisprudence3.”

1 Encyclopedia Brittanica <http://www.britannica.com/EBchecked/topic/334839/legal-aid> 22nd september 11:43

2 What Next in the Law: Lord Denning, London Butterworths, 1982

3 Public Interest Litigation – Legal Aid and Lok Adalats, Mamta Rao, Eastern Book Company

The international concern for human rights found expression, after the First World

War in covenants of the League of Nations and further in the Declaration of Human

Rights, the Conventions which followed specifically incorporated the concept of legal

aid.

In India since the dawn of civilization the access to justice had been considered as an

integral part of civilization. Law and Religion were interlinked , which can be

considered from the Sanskrit word phrase Dharma which not only meant one’s

religion but also refered to one’s duty. It was the King’s duty not only to rule the

kingdom but also dispense speedy justice. The pillars of Sarnath built by King Asoka

are a mute testimony in stone to the concept of law being an integral part of the lives

of rulers and their subjects. When the Mughals came to rule in India, they introduced

their own system of rule. However they were open to public grievances. For instance

it is said that the the mighty Mughal Emperor Akbar had a bell installed before the

gates of one of his forts. Anybody who wanted his grievance to be heard could ring

the bell and desire for an audience with the king. There were numerous judicial and

administrative officers who were assigned various duties and who assisted in

maintaining the law and order in the towns and villages and far off provinces.

When the British arrived in India and began their rule, they introduced many changes

in the law. Thus the concept of legal aid was reintroduced in India through English

laws. The earliest Legal Aid movement appears to be of the year 1851 when some

enactment was introduced in France for providing legal assistance to the indigent. In

Britain, the history of the organised efforts on the part of the State to provide legal

services to the poor and needy dates back to 1944, when Lord Chancellor, Viscount

Simon appointed Rushcliffe Committee to enquire about the facilities existing in

England and Wales for giving legal advice to the poor and to make recommendations

as appear to be desirable for ensuring that persons in need of legal advice are provided

the same by the State4.

The present scenario

4 A Brief History Of Legal Aid - Author - Varun Pathak. www. legal serviceindia.com/articles/l aid .htm 22nd

september 17:42

The concept of right to legal aid had been incorporated into the Constitution,

particularly through the Fundamental Rights. Among the Fundamental Rights the

most important right is the Right to Life and Liberty, enshrined in Article 21 of the

Constitution. The Right to Life includes several rights including the Right to Legal

Aid5.

One need not be a litigant to seek aid by means of legal aid. Legal

aid is available to anybody on the road. Justice Blackmun in Jackson

v. Bishop says that; "The concept of seeking justice cannot be

equated with the value of dollars. Money plays no role in seeking

justice6." Article 39A of the Constitution of India provides that State shall secure

that the operation of the legal system promotes justice on a basis of equal opportunity,

and shall in particular, provide free legal aid, by suitable legislation or schemes or in

any other way, to ensure that opportunities for securing justice are not denied to any

citizen by reason of economic or other disability.

Articles 14 and 22(1) also make it obligatory for the State to ensure equality before

law and a legal system which promotes justice on a basis of equal opportunity to all.

Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit

and equal justice is made available to the poor, downtrodden and weaker sections of

the society.

Since 1952, the Govt. of India also started addressing to the question of legal aid for

the poor in various conferences of Law Ministers and Law Commissions. In 1960,

some guidelines were drawn by the Govt. for legal aid schemes. In different states

legal aid schemes were floated through Legal Aid Boards, Societies and Law

Departments. In 1980, a Committee at the national level was constituted to oversee

and supervise legal aid programmes throughout the country under the Chairmanship

of Hon. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of India. This

Committee came to be known as CILAS (Committee for Implementing Legal Aid

Schemes) and started monitoring legal aid activities throughout the country. The

introduction of Lok Adalats added a new chapter to the justice dispensation system of

this country and succeeded in providing a supplementary forum to the litigants for

5 Constitutional Law of India by Prof. G.S.Pande Page 2286 A Brief History Of Legal Aid - Author - Varun Pathak.< www. legal serviceindia.com/articles/l aid .htm > accessed on 22nd September at 17:42 p.m.

conciliatory settlement of their disputes. In 1987 The Legal Services Authorities Act

was enacted to give a statutory base to legal aid programmes throughout the country

on a uniform pattern. This Act was finally enforced on 9th of November 1995 after

certain amendments were introduced therein by the Amendment Act of 1994.

Contributions Made By Justice V.R.Krishna Iyer To The Development Of Legal

Aid- ‘Processionals Justice To Poor’- A Report

The contribution of justice Krishna Iyer towards the development and incorporation

of the concept of legal aid in the Indian legal system has been tremendous. His report

titled ‘Processionals justice to poor’ has gone a step further in enabling the

recognition of the poor for the purpose of giving legal aid.

In a report on Free Legal Aid in 1971 Justice Bhagwati observed " even while

retaining the adversary system, some changes may be effected whereby the judge is

given greater participatory role in the trail so as to place poor, as far as possible, on a

footing of equality with the rich in the administration of justice."7

A similar report of the Committee on Legal Aid titled "processionals justice to poor"

presided over by Krishna Iyer in 1973, dealt with the nexus between law and poverty,

and spoke of PIL in this context. It emphasized the need for active and widespread

legal aid system that enabled law to reach the people, rather than requiring people to

reach the law.

The two judges joined forces as a two member committee on Judicature and released

its final report in August 1977. The report while emphasizing the need for a new

philosophy of legal service programme cautioned that it ‘must be framed in the light

of socio-economic conditions prevailing in the Country’. It further noted that ‘the

traditional legal service programme which is essentially Court or litigation oriented,

cannot meet the specific needs and the peculiar problems of the poor in our country’.

The report also included draft legislation for legal services and referred to Social

Action Litigation.

7 A Brief History Of Legal Aid - Author - Varun Pathak <www. legal serviceindia.com/articles/l aid .htm >last

accessed on 22nd September at 17:42 p.m.

Justice Krishna Iyer was appointed as the Chairman of Committee for Legal Aid. The

Committee was formulated as on the 22nd day of October 1972. The Committee after

conducting sample surveys of large part of the country submitted a 275 page report to

the Government on the 27th day of May, 1973. This report came to mark the

cornerstone of Legal Aid development in India. The report clearly laid down that it is

a democratic obligation of the State towards its subject to ensure that the legal system

becomes an effective tool in helping secure the ends of social justice. He coined the

word "Judicare" to cover a scheme of legal aid which brought justice to the doorstep

of the lowly and which was comprehensive in its coverage.

The report also made an effort to classify those categories of persons who are most in

need of Legal Aid, such as the poor in general, members of Scheduled castes or tribes,

people from backward regions, workers and daily wage earners, soldiers and armed

force personnel, women and children, people belonging to the harijan community

etc.:-

The 14th Law Commission Report stated the fact that if laws do not provide for an

equality of opportunity to seek justice to all segments of society the have no

protective value and unless some arrangement is made for providing a poor man the

means to pay Court fee’s, advocates fees and other incidental costs of litigation, he is

denied an opportunity to seek justice.

Justice Krishna Iyer regarded the Legal Aid program as a catalyst which would enable

the aggrieved masses to re-assert State responsibility under Part IV of the

Constitution.

Most social evils are an outcome or creation of poverty and the misery that comes

with being poor in a country like India. At the same time it also needs to be borne in

mind that the judiciary no matter however committed it may be towards uplifting the

cause of the poor is ultimately bound by procedural formalities which do not take into

account the misery or problems of the masses. Therefore the sufferings being so may

it is not possible for the legal system to remove even few of such problems. In

keeping with the same view, Justice Krishan Iyer asserted that poverty is a creation of

unjust institutions and unjust society. Therefore in a country like India if you are poor

you are ineffective socially as well as economically. The only way that you can then

be empowered is through radical revamping of the socio-economic structure. Such a

radical change according to him could only be brought about in the form of a

revolution that the legal service programme only is capable of gearing. Thus the legal

aid programme aimed at revamping the socio-economic structure by way of removing

the socially unjust institutions and creating a new order based upon the ethos of

human liberty, equality and dignity of mankind.

He realised the fact that though the system had been flagged off under the term "We

the people of India" it had no longer continued in the same direction want of

procedural formalities had taken precedence over the people at the cost of which

justice often suffered casualties. He came to recognise the fact that the Courts of law

had merely become instruments for law’s sake and were not administering justice as

such. However, he placed blame for the attitude of the judiciary on the colonial

hangover of namely all institutional systems in the Country. This led him to express

faith in the Gandhian system which professed the resolution of disputes at the grass

root level through village panchayats.

The expert committee appointed under the chairmanship of Justice Krishna Iyer has

made significant contribution toward the development of the concept of legal aid in

India. The various suggestions made by him can be summarized as under:

A national legal service authority accountable to the parliament but protected from

official control was recommended. Simplification of the legal procedure and an

emphasis on conciliated settlement outside court has to be the policy of legal aid

schemes. The report adopted the three fold test laid down for determining eligibility:

Means test- to determine people entitled to legal aid Prima facie test- to determine

whether there was a prima facie case to give legal aid or not Reasonableness test- to

see whether the defence sought by a person is ethical and moral.

In criminal proceedings the committee is not in favour of guaranteeing legal aid to

habitual offenders and in cases, which essentially involve private claims. Regular

arrangement for aid and advice to the undertrials was to be provided. A liberalized

bail policy was to be established which was not to be dependent on financial

consideration. Legal services were to be extended to investigation as well as post

conviction stage. Legal services should also include rehabilitative services. In

criminal legal aid, the committee was in favour of salaried lawyers. The report also

encourages payment of compensation to victims in criminal cases. Family courts

should be established for women and children with women judges this is specially

required in slum areas and rural villages. Public defence council should be appointed

in children’s court.

In backward areas, legal advice bureau should be established in each development

block. The report encourages the involvement of law students in legal aid schemes

particularly for preventive legal services. Public law service should be an alternative

available as against the private bar and legal services authority should fix the fees

payable to the lawyer.

The scheme of legal aid should not be based on class or status. One need not be a

litigant to seek aid by means of legal aid. Legal aid is available to anybody on the

road. Justice Blackmun in Jackson v. Bishop says that; "The concept of seeking

justice cannot be equated with the value of dollars. Money plays no role in seeking

justice."

Article 39A of the Constitution of India provides that State shall secure that the

operation of the legal system promotes justice on a basis of equal opportunity, and

shall in particular, provide free legal aid, by suitable legislation or schemes or in any

other way, to ensure that opportunities for securing justice are not denied to any

citizen by reason of economic or other disability. Articles 14 and 22(1) also make it

obligatory for the State to ensure equality before law and a legal system which

promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that

constitutional pledge is fulfilled in its letter and spirit and equal justice is made

available to the poor, downtrodden and weaker sections of the society. Sec. 304,

Criminal Procedure Code states: The Constitutional duty to provide legal aid arises

from the time the accused is produced before the Magistrate for the first time and

continues whenever he is produced for remand. While Order 33 of Civil Procedure

Code, 1908 provides for filing of suits by indigent persons (persons who are too poor

to pay court-fees) by allowing them to institute suits without payment of requisite

court fees.

Since 1952, the Govt. of India also started addressing to the question of legal aid for

the poor in various conferences of Law Ministers and Law Commissions. In 1960,

some guidelines were drawn by the Govt. for legal aid schemes. In different states

legal aid schemes were floated through Legal Aid Boards, Societies and Law

Departments. In 1980, a Committee at the national level was constituted to oversee

and supervise legal aid programmes throughout the country under the Chairmanship

of Hon. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of India. This

Committee came to be known as CILAS (Committee for Implementing Legal Aid

Schemes) and started monitoring legal aid activities throughout the country. The

introduction of Lok Adalats added a new chapter to the justice dispensation system of

this country and succeeded in providing a supplementary forum to the litigants for

conciliatory settlement of their disputes. In 1987 Legal Services Authorities Act was

enacted to give a statutory base to legal aid programmes throughout the country on a

uniform pattern. This Act was finally enforced on 9th of November 1995 after certain

amendments were introduced therein by the Amendment Act of 1994.

Contributions Made By Justice V.R.Krishna Iyer To The Development Of Legal

Aid

- ‘Processionals Justice To Poor’- A Report

The contribution of justice Krishna Iyer towards the development and incorporation

of the concept of legal aid in the Indian legal system has been tremendous. His report

titled Processionals justice to poor’ has gone a step further in enabling the recognition

of the poor for the purpose of giving legal aid.

In a report on Free Legal Aid in 1971 Justice Bhagwati observed " even while

retaining the adversary system, some changes may be effected whereby the judge is

given greater participatory role in the trail so as to place poor, as far as possible, on a

footing of equality with the rich in the administration of justice."

A similar report of the Committee on Legal Aid titled "processionals justice to poor"

presided over by Krishna Iyer in 1973, dealt with the nexus between law and

poverty, and spoke of PIL in this context. It emphasized the need for active and

widespread legal aid system that enabled law to reach the people, rather than

requiring people to reach the law.

The two judges joined forces as a two member committee on judicare, released its

final report in August 1977. The report while emphasizing the need for a new

philosophy of legal service programme cautioned that it ‘must be framed in the light

of socio-economic conditions prevailing in the Country’. It further noted that ‘the

traditional legal service programme which is essentially Court or litigation oriented,

cannot meet the specific needs and the peculiar problems of the poor in our country’.

The report also included draft legislation for legal services and referred to Social

Action Litigation.

The report also made an effort to classify those categories of persons who are most in

need of Legal Aid.The 14th Law Commission Report stated the fact that if laws do

not provide for an equality of opportunity to seek justice to all segments of society the

have no protective value and unless some arrangement is made for providing a poor

man the means to pay Court fee’s, advocates fees and other incidental costs of

litigation, he is denied an opportunity to seek justice.

The expert committee appointed under the chairmanship of Justice Krishna Iyer has

made significant contribution toward the development of the concept of legal aid in

India. The various suggestions made by him can be summarized as under:

A national legal service authority accountable to the parliament but protected from

official control was recommended. Simplification of the legal procedure and an

emphasis on conciliated settlement outside court has to be the policy of legal aid

schemes. The report adopted the three fold test laid down for determining eligibility:

(1) Means test- to determine people entitled to legal aid;

(2)Prima facie test- to determine whether there was a prima facie case to give legal

aid or not;

(3) Reasonableness test- to see whether the defence sought by a person is ethical and

moral.

In criminal proceedings the committee is not in favour of guaranteeing legal aid to

habitual offenders and in cases, which essentially involve private claims. Regular

arrangement for aid and advice to the undertrials was to be provided. A liberalized

bail policy which was not to be dependent on financial consideration, were to be

extended to investigation as well as post conviction stage. Legal services should also

include rehabilitative services. In criminal legal aid, the committee was in favour of

salaried lawyers. The report also encourages payment of compensation to victims in

criminal cases. Family courts should be established for women and children with

women judges this is specially required in slum areas and rural villages. Public

defence council should be appointed in children’s court.

In backward areas, legal advice bureau should be established in each development

block. The report encourages the involvement of law students in legal aid schemes

particularly for preventive legal services. Public law service should be an alternative

available as against the private bar and legal services authority should fix the fees

payable to the lawyer.

The Legal Services Authorities Act, 1987

Criterion for Providing Legal Aid:-

Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for

giving legal services to the eligible persons. Section 12 of the Act reads as under:-

Every person who has to file or defend a case shall be entitled to legal services under

this Act if that person is-

(a) a member of a Scheduled Caste or Scheduled Tribe;

(b) a victim of trafficking in human beings or begar as referred to in Article 23 of the

Constitution;

(c) a woman or a child;

(d) a mentally ill or otherwise disabled person;

(e) a person under circumstances of undeserved want such as being a victim of a mass

disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial

disaster; or

(f) an industrial workman; or

(g) in custody, including custody in a protective home within the meaning of clause

(g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956); or in a

juvenile home within the meaning of clause

(h) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric

hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of

the Mental Health Act, 1987 (14 of 1987); or

(i) in receipt of annual income less than rupees nine thousand or such other higher

amount as may be prescribed by the State Govt., if the case is before a court other

than the Supreme Court, and less than rupees twelve thousand or such other higher

amount as may be prescribed by the Central Govt., if the case is before the Supreme

Court.

(Rules have already been amended to enhance this income ceiling).

Legal Services Authorities after examining the eligibility criteria of an applicant and

the existence of a prima facie case in his favour provide him counsel at State expense,

pay the required Court Fee in the matter and bear all incidental expenses in

connection with the case. The person to whom legal aid is provided is not called upon

to spend anything on the litigation once it is supported by a Legal Services Authority.

Supreme Court On Legal Aid

The linkage between Article 21 and the right to free legal aid was forged in the

decision in Hussainara Khatoon v. State of Bihar where the court was appalled at the

plight of thousands of undertrials languishing in the jails in Bihar for years on end

without ever being represented by a lawyer. The court declared that "there can be no

doubt that speedy trial, and by speedy trial, we mean reasonably expeditious trial, is

an integral and essential part of the fundamental right to life and liberty enshrined in

Article 21." The court pointed out that Article 39-A emphasised that free legal service

was an inalienable element of ‘reasonable, fair and just’ procedure and that the right

to free legal services was implicit in the guarantee of Article 21. In his inimitable style

Justice Bhagwati declared:

"Legal aid is really nothing else but equal justice in action. Legal aid is in fact the

delivery system of social justice. If free legal services are not provided to such an

accused, the trial itself may run the risk of being vitiated as contravening Article 21

and we have no doubt that every State Government would try to avoid such a possible

eventuality".

Further in the case of Hussainara Khatoon & Ors. (V) v. Home Secretary, State of

Bihar8, Justice Bhagwati held that: "it’s the constitutional right of every accused

person who is unable to engage a lawyer and secure legal services on account of

reasons such as poverty, indigence or incommunicado situation, to have free legal

services provided to him by the State and the State is under a constitutional mandate

to provide a free lawyer to such accused person if the needs of justice so require. If

free legal services are not provided to such an accused, the trial itself may run the risk

of being vitiated as contravening Article 21 and it is hoped that every State

Government would try to avoid such a possible eventuality."

Two years later, in the case of Khatri & Ors. (II) v. State of Bihar & Ors. , the court

answered the question of the right to free legal aid to poor or indigent accused who

are incapable of engaging lawyers. It held that: "the state is constitutionally bound to

provide such aid not only at the stage of trial but also when they are first produced

before the magistrate or remanded from time to time and that such a right cannot be

denied on the ground of financial constraints or administrative inability or that the

accused did not ask for it. Magistrates and Sessions Judges must inform the accused

of such rights. The right to free legal services is an essential ingredient of reasonable,

fair and just procedure for a person accused of an offence and it must be held implicit

in the guarantee of Article 21 and the State is under a constitutional mandate to

provide a lawyer to an accused person if the circumstances of the case and the needs

of justice so require, provided of course the accused person does not object to the

provision of such lawyer. The State cannot avoid this obligation by pleading financial

or administrative inability or that none of the aggrieved prisoners asked for any legal

aid at the expense of the State. The only qualification would be that the offence

charged against the accused is such that on conviction, it would result in a sentence of

imprisonment and is of such a nature that the circumstances of the case and the needs

of social justice require that he should be given free legal representation. There may,

however, be cases involving offences such as economic offences or offences against

law prohibiting prostitution or child abuse and the like, where social justice may

require that free legal services need not be provided by the State."

8 A.I.R.1979 SC 1377

He reiterated this in Suk Das v. Union Territory of Arunachal Pradesh 9and said

"It may therefore now be taken as settled law that free legal assistance at State cost is

a fundamental right of a person accused of an offence which may involve jeopardy to

his life or personal liberty and this fundamental right is implicit in the requirement of

reasonable, fair and just procedure prescribed by Article 21."

This part of the narration would be incomplete without referring to the other astute

architect of human rights jurisprudence, Justice Krishna Iyer. In M.H. Hoskot v.

State of Maharashtra10, he declared : If a prisoner sentenced to imprisonment is

virtually unable to exercise his constitutional and statutory right of appeal inclusive

of special leave to appeal (to the Supreme Court) for want of legal assistance, there is

implicit in the Court under Article 142 read with Articles 21 and 39-A of the

Constitution, power to assign counsel for such imprisoned individual ‘for doing

complete justice’.

In Khatri & Others v. St. of Bihar & others11 Bhagmati J. observed;

Right to free legal aid, just, fail and reasonable procedures is a fundamental right

(Khatoon’s Case). It is elementary that the jeopardy to his personal liberty arises as

soon as the person is arrested and is produced before a magistrate for it is at this stage

that he gets the 1st opportunity to apply for bail and obtain his release as also to resist

remain to police or jail custody. This is the stage at which and accused person needs

competent legal advice and representation. No procedure can be said to be just, fair

and reasonable which denies legal advice representation to the accused at this stage.

Every individual of the society is entitled to legal aid as a matter of prerogative.

In Indira Gandhi v. Raj Narain12 the Court said: "Rule of Law is the basic structure

of Constitution of India. Every individual is guaranteed the rights given to him under

the constitution. No one is to be condemned unheard. There ought to be a violation to

the fundamental right or prerogatives, or privileges; only then the remedy lies in going

to the Court of Law. In the absence of legal aid, trial is vitiated."

9A.I.R. (1986) 2 SCC 401; 1986 SCC (Cri) 166.10 A.I.R. 1978 SC 154811 A.I.R.[(1981) 1 SCC 635]12 A.I.R.1975 S.C. 2299

In, State of Haryana v. Darshana Devi13, the Court said that: "the poor shall not be

priced out of the justice market by insistence on court-fee and refusal to apply the

exemptive provisions of Order XXXIII, CPC. The state of Haryana, mindless of the

mandate of equal justice to the indigent under the Magna Carta of the Republic,

expressed in Article 14 and stressed in Article 39A of the Constitution, has sought

leave to appeal against the order of the high court which has rightly extended the

'pauper' provisions to auto-accident claims.

In the case of Kara Aphasia v. State of Bihar, the petitioners were young boys of 12-

13 years when arrested, and were still languishing in jail for over 8 years. They were

also alleged to have been kept in leg irons and forced to do work outside the jail.

Justice Bhagwati directed that the petitioners must be provided legal representation by

a fairly competent lawyer at the cost of the State, since legal aid in a criminal case is a

fundamental right implicit in Article 21.

Implementation of legal aid in Assam

Assam has also seen the implementation of legal aid. The ALSA (Assam Legal

Service Authority) has undertaken various measures to provide legal aid to the poor

and the needy. Recently the ALSA officially extended its legal aid services to victims

of mass disaster, ethnic violence, caste atrocities, flood, drought, earthquake or

industrial disaster. The NALSA (National Legal Service Authority) took cognizance

over the recent flood and tried to implement the scheme as per its 19 point guidelines

for legal aid to victims. NALSA has also kept track of reports of legal aid provided to

flood victims through video conference.

Besides, legal aid clinics have been set up at the Central Jails in Guwahati and

Jorhat, not only to facilitate legal aid for the inmates of jails, but also extended it to

the people at the grassroots level. In Jorhat the legal aid clinics have been opened at

the central jail as well as in the juvenile observation home adjacent to the jail there14.

13 A.I.R. 1979 SC 855

14 Legal Aid Clinics set up in two Assam jails<http://iassam.blogspot.in/2011/06/legal-aid-clinics-set-up- in- two-assam.html> last accessed on 26 september at 17:31 p.m.

Concluding observation

Legal Aid is an essential part of the legal democracy. As the percentage of people

below the poverty line is higher, it becomes imperative to provide free legal services

on the part of the Government to them. Bodies like the NALSA have done a

commendable job by undertaking various activities such as:-

1. Publication of the NALSA Regulations on Free and Competent Legal Services

in the Gazette of India.

2. Providing legal services to the Trans-gender people

3. Training of Para-Legal Volunteers and engaging them in the front offices of

Legal Services Institutions and in the village level legal aid clinics.

4. Legal Literacy Programmes in schools and colleges started in an organised

manner with the assistance of the Department of Education in all States.

5. School Legal Literacy Clubs set up in all High Schools under the State Legal

Services Authorities in order to create legal awareness, obedience to law and

spread the philosophy of rule of law amongst the younger generation.

6. Legal Aid Clinics in all villages to be manned by Para-legal Volunteers and

panel lawyers

7. Retainer lawyers are engaged at Taluk, District, High Court and Supreme

Court level for handling legal aided cases15.

It has been quoted – “A little knowledge is a dangerous thing”. Where ignorance

abounds, exploitation and miscarriage of justice are sure to happen. At a time when

the common man has to grapple with the rising costs of essential commodities and

therefore becomes an easy target for unscrupulous elements, it becomes imperative to

provide legal services at a nominal rate to the needy and the disadvantaged. To

prevent the gold mining of their time and resources, the State should ensure that legal

aid is more in the form of non-traditional methods of dealing with conflicts such as

mediation, conciliation and self-help. Only then we can safely assume that the

principles of natural justice are being carried out for the benefit of the people at large.

15 National Legal Services Authority (NALSA) < http://nalsa.gov.in/> last accessed on 15th September 2012 at 5:18 P.M.