Professional Documents
Culture Documents
ACKNOWLEDGEMENT
I express my deepest sense of gratitude to my reverend guide sir , Professor
,Jamia Millia Islamia , New Delhi for his countenance advice, adherent interest
and pain taking nature.
He spent no pains in correcting and expertly evaluating my project work. It is
pleasant opportunity to pay my regards and sincere thanks to Sir for his valuable
support, guidance and immediate help whenever I approached him.
Finally, I wish to thanks my parents and colleagues for their pleasant
cooperation, support and encouragement.
YASH CHANDEL
2ND YEAR
BA LLB (H)
Page 1
INTRODUCTION
"Legal Aid scheme was first introduced by Justice P.N. Bhagwati under the Legal Aid
Committee formed in 1971. According to him, the legal aid means providing an arrangement
in the society so that the missionary of administration of justice becomes easily accessible
and is not out of reach of those who have to resort to it for enforcement of its given to them
by law" the poor and illiterate should be able to approach the courts and their ignorance and
poverty should not be an impediment in the way of their obtaining justice from the courts.
Legal aid should be available to the poor and illiterate. Legal aid as defined, deals with
legal aid to poor, illiterate, who don't have access to courts. One need not be a litigant to
seek aid by means of legal aid. Legal aid is available to anybody on the road.
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.
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 State. 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.
Expert committees constituted, from 1950 onwards, to advise governments on providing legal
aid to the poor have been unanimous that the formal legal system is unsuited to the needs of
the poor. The 1977 report of the committee of Justices Krishna Iyer and P.N. Bhagwati, both
of the Supreme Court, drew up a detailed scheme which envisaged public interest litigation
(PIL) as a major tool in bringing about both institutional and law reform even while it
enabled easy access to the judicial system for the poor. Their report, as those of the previous
committees, was ignored.
Page 2
Page 3
According to section 2(1) (a) of the Act, legal aid can be provided to a person for a 'case'
which includes a suit or any proceeding before a court. Section 2(1) (a) defines the 'court' as
a civil, criminal or revenue court and includes any tribunal or any other authority constituted
under any law for the time being in force, to exercise judicial or quasi-judicial functions. As
per section 2(1)(c) 'legal service' includes the rendering of any service in the conduct of any
case or other legal proceeding before any court or other authority or tribunal and the giving of
advice on any legal matter.
Page 4
Page 5
Section 2 Definitions.(1)... (c) 'legal service' includes the rendering of any service in the conduct any case or other
legal proceeding before any court or other Authority or tribunal and the giving of advice on
any legal matter;
(d) 'Lok Adalat' means a Lok Adalat organised under Chapter VI;
(g) 'scheme' means any scheme framed by the Central Authority, a State Authority or a
District Authority for the purpose of giving effect to any of the provisions of this Act;
(h) 'State Authority' means a State Legal Services Authority constituted under Section 6;
(2) Any reference in this Act to any other enactment or any provision thereof shall, in relation
to an area in which such enactment or provision is not in force, be construed as a reference to
the corresponding law or the relevant provision of the corresponding law, if any, in force in
that area.
SECTION 19
1. Central, State, District and Taluk Legal Services Authority has been created who are
responsible for organizing Lok Adalats at such intervals and place.
2. Conciliators for Lok Adalat comprise the following: A. A sitting or retired judicial officer.
B. other persons of repute as may be prescribed by the State Government in consultation with
the Chief Justice of High Court.
Page 6
SECTION 21
After the agreement is arrived by the consent of the parties, award is passed by the
conciliators. The matter need not be referred to the concerned Court for consent decree. The
Act provisions envisages as under:
1. Every award of Lok Adalat shall be deemed as decree of Civil Court .
2. Every award made by the Lok Adalat shall be final and binding on all the parties to the
dispute.
3. No appeal shall lie from the award of the Lok Adalat.
Section 22
Every proceedings of the Lok Adalat shall be deemed to be judicial proceedings for the
purpose of :1. Summoning of Witnesses.
2. Discovery of documents.
3. Reception of evidences.
4. Requisitioning of Public record.
Page 7
Page 8
In Khatri & Others v. State of Bihar & others AIR 1981 SC 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. Thus, state is under a constitutional
obligation to provide free to aid to the accused not only at the stage of...... Every individual of
the society are entitled as a matter of prerogative."
Page 9
Page 10
Page 11
Public interest litigation is part of the process of participate justice and 'standing' in civil
litigation of that pattern must have liberal reception at the judicial doorsteps.
Accountability and democracy are close companions; a free legal service project affecting
vast numbers of under privileged Indians must be accountable to the people. I wonder why
there is no provision for the central or State authorities to present reports to parliament and
the legislature so that there may be annual discussions at the highest levels and consequential
changes brought in the system itself.
LAW AND POVERTY
Page 12
The State legal Service Authorities must face criticism more or less like what has been
leveled earlier against the central authority. If the chief justice or his associate judge is to be
in a committee which is to be organized Lok Adalat, [Sec 7 (2)(b)], if he is to grant legal aid
by sitting and screening the means and the merits of the applicants and there cases [Sec 7(2)
(a)] it may be wrong because there role may be misunderstood. The authority applies the
merits test and the judge is the member of that counsel. Technically the authority therefore
implicates the judge in the assessment of the merits of a case which is
to be filed. This is not right. If the judges are to be kept away from screening particular cases
for eligibility for legal aid, there must be statutory indication to that effect. The presence on
the authority is useful. But his being directly or vicariously involved in screening the merits
of the cases, even prima facie, is fraught with risk to the confidence in the impartiality of the
judges who hear the cases.
In the Fertilizer Corporation, Kamagar Union Case [9] the Supreme Court has made the
following meaningful observations:
'We have no doubt that in competition between Courts and Streets as dispensers of justice, the
rule of law must win the aggrieved person for the law Court and wesn him from the lawless
street. In simple terms the locus standi must be liberalized to meet the challenges of the times.
Ubi jus ibi remedium must be enlarged to embrace all in tersest of public minded citizens or
organizations with serious concern for conservation of public resources and the direction and
correction of public power so as to promote justice in its triune facets'.
The United States, through Chief justice Warren Burger and the American Bar Association,
has been experimenting with and discussing non-judicial routes like arbitration and
LAW AND POVERTY
Page 13
End Notes:
[1] 404 F.2d 571 (CA8 1968),
[2]
[3]
[4]
[5]
[6]
[7],
[8] AIR 1980 SC 1622
[9] AIR 1981 SC 344
Every man is born free in the world. He inherits few rights naturally and few granted to him
by the society. Society is a web of relationships and for a just and healthy society it is
important that the rights of every individual is respected. Today, our country & society tends
to work on the model of a welfare state. Therefore, the ideals of justice, equality and liberty
LAW AND POVERTY
Page 14
Imparting justice in a just and fair manner is the essential duty of state through its institutions.
Poverty is not only due to lack of material factors but being unable to fight and attain justice
for the infringement of rights of an individual. Thus, the responsibility of the state is not only
to impart justice but to check that access to justice is available to all the needy, deprived,
oppressed sections of the society or not. Courts are there to protect the rights and the state
should check that every individual gets equal opportunity to represent himself in the temple
of justice.
The government of India enacted LEGAL SERVICES AUTHORITIES ACT 1987 with the
view to provide access to justice to all. Under this act the needy persons are entailed to legal
aid on the expense of the state if they fall under any of these following criteri]:
A women or a child ;
A person under circumstances of undeserved want such as being a victim of a mass disaster,
ethnic violence, caste atrocity, flood, draught, earthquake or industrial disaster;
An industrial workman
Page 15
According to the legal services authorities act 1987, a national legal service authority is
established and legal service authorities are established in every state, district and taluk level.
The national legal service authority is the apex body which reviews all the state legal service
authorities. The intention of the legislators behind the legislation is to provide access to
justice to all.
Legal Aid implies giving free legal services to the poor and needy who cannot afford the
services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or
before an authority.
Right to Legal Aid: It is the duty of the State to see that the legal system promotes justice on
the basis of equal opportunity for all its citizens. It must therefore arrange to provide free
legal aid to those who cannot access justice due to economic and other disabilities.
Even in the procedural law of our country the provisions of legal aid has been laid down in
sec, 304 of criminal procedure code which states that If the accused does not have sufficient
means to engage a lawyer, the court must provide one for the defence of the accused at the
expense of the state.
In various case laws the court has acknowledged the need and importance of legal aid.
It is very important to note that mere providing legal aid is not the intention of the legislation
but the victim should be provided a quality legal aid. What do we mean by quality legal aid?
Page 16
Access to justice inheres in the notion of justice. In the preamble of our constitution justicesocial, economic and political are core principles. In their work on civil justice systems,
Cappelletti and Garth point out that the emergence of right to access to justice as the most
human basic right was in recognition of the fact the possession of rights without any
effective mechanism of vindication would be meaningless. The first wave in this new
movement was legal aid, the second was concerned with the reforms aimed at providing legal
representation for diffuse interests, especially in the areas of consumer and environmental
protection; and the third, access to justice approach, which includes, but goes much
beyond, the earlier approaches, thus representing an attempt to attack access barriers in a
more articulate and comprehensive manner. Law should not be used as an instrument of
oppression but rather as a tool to eradicate injustice and alleviate poor by restoring their
rights in a just manner whenever they are infringed.
Legal service authorities in different states have been enshrined with this purpose to make
access to justice available to all. They play a very decisive role and acts as a bridge between
the needy, poor and the courts. They are the link which shows the poor the way that how can
they attain justice from the court; it includes providing counsel, paying of court fees and
fulfilling other court formalities by the authorities. Though still its seen that it is not enough.
This approach, in short, needs some radical innovations, which goes beyond the sphere of
legal representation.
The hurdles which are possessed in this arena are sometimes very simple for e.g. in many
cases the poor litigant is not able to pay the required court fees which is in fact many a times
very high for the poor litigant thus, refraining him from knocking the doors of the court for
the justice. Thus, the work of legal services authorities can be compartmentalized in order to
promote efficiency. Various other institutions like nongovernmental organisations, human
rights commissions, Commissions for women etc can work in harmony with the legal service
authority for the desired purpose. The weakness in not in the system but the weakness is in
the application of the system. Legal service authorities have been set up with the vision to
correct the application of the system. They thus, not only help in providing justice to the
needy but consequently they also helps in restoring faith of the oppressed towards the legal
system. Thus, in todays world the role of legal service authority is more sociological rather
than being another legal institution of the state.
Page 17
Jharkhand legal services authority was founded on 2nd January 2002 with the aim to promote
legal awareness and to provide access to justice to all.
Since its foundation the legal services authority has taken various measures on grass root
level to promote awareness among the people about their rights and to provide them legal aid.
However, it is only a faint like in the oblivion of darkness. Jharkhand is one of the poorest
states of India as well as one of the most illiterate states too. In order to achieve justice people
should be aware about their rights too otherwise law which should be the protector of the
poor becomes its offender.
Jhalsa has adopted various methods in order to achieve its goal like, promoting awareness in
every block of the district, organising timely lok adalats , setting up of mediation centre and
promoting alternative dispute resolution and discouraging litigation. Perhaps the augment of
its all achievements is justice on wheels which is a very innovative and successful method.
The idea of mobile courts has hit the core of the problem it has enabled the institution of
justice to go right on the doors of poor and needy who cannot afford coming to courts. But
still a lot remains to be done.
Page 18
As a part of my internship, I was assigned the task of legal awareness from jhalsa. I have to
work with the team of r.l.e.k. who have come here for the same purpose from dehradoon and
were organising camps in all districts of Jharkhand for legal awareness. Jharkhand is the only
state in India which lays rock bottom when it comes to no. of litigation filed every year. This
could be very good news for the judiciary as there is at least one state in India where people
are content and happy and there is no need for frivolous litigation to be filed but is that so?
The answer is really disturbing and hurting. Those who are under the impression that the
judiciary in Jharkhand is efficient and people are content are under an illusion. The cause of
least no of cases filed in Jharkhand every year in the country is not due to the effective law
and order but it is due to that people are not aware of their rights. Imagine after 62 years of
independence people are still not aware of their rights, was this the dream of our
constitutional fathers? Millions who sacrificed their lives just to achieve this kind of freedom,
that after so many years of independence people still are not aware of their fundamental
rights.
The whole approach of ours just to give them substantial and procedural information that how
they could achieve justice whenever their rights are infringed.
The majority of complained which we heard in their camps are basic administrative
complaints which include ration cards not allotted , loans not given, B.P.L and A.P.L conflict
etc. it was sad to perceive and finally visualize that the corrupt and ineffective administration
has just fooled and used law as an instrument of oppression against the poor and helpless.
Page 19