“GIVING ADVICE TO THE NECESSITOUS, THAT MATTERS”.
Legal Aid is a guiding light for the people who can’t afford the court proceedings. Legal Aid/ legal services are free legal assistance for the poor people in terms of judicial proceedings, quasi-judicial proceedings, administrative proceedings.Their are many issues related to legal services.
It was first introduced by Justice P.N. Bhagwati under the Legal Aid Committee 1971. According to him, Legal Aid is an arrangement to have easy access to the justice delivery system for the poor and illiterate people; so that ignorance and poverty does not stop them from seeking justice.
Legal Services Authorities Act, 1987 became part of the legal aid movement in India.
The vital role played by this service is to provide equal justice to the necessitous and ground down people. This not only includes the free access to the representation of an advocate in court proceedings but also Legal Advice, Legal Awareness, Legal Mobilizations, Lok Adalats, Public Interest Litigation, law reforms, and many such services that could help to overcome from injustice.
Constitutional Provisions
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 the opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
Article 14 and 22(1) also throw some lights on the aspects of legal aid to ensure the equality before law and equal opportunity to all.
ISSUES:
The major issue that can be identified under Legal Aid falls under the category of statutory body and authorities. After so many years of Act and so many changes, many people are far away from justice. There are numbers of reason to continue the pendency of the cases, and innocent people are suffering and are not able to defend themselves. There are many challenges and issues which come in the way of the implementation of legal aid services.
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LACK OF LEGAL EDUCATION AND AWARENESS
The problem increases day by day because people for whom the services are provided are unknown to their rights and hence uneducated. They don’t have legal education, that is, they are unaware of their basic and legal rights. People are not much aware of the legal aid services which they can avail.
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LACK OF SUPPORT
Lawyers and advocates nowadays, on majority numbers demands for proper fees for the services provided by them. Few advocates are there who contribute towards the services . They also lack of good quality legal representation hinders the delivery of justice.
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LACK OF POWER TO LOK ADALATS
Lok Adalats holds the limited powers in comparison to civil courts. Firstly, the improper procedures. Then in this, they can’t compel the parties to appear for the proceedings. Many times one of the parties does not appear for the hearing . Then there is a delay in the disposal here as well.
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UNDERUTILIZATION OF PARA-LEGAL VOLUNTEERS
The basic role of these para-legal volunteers is to promote legal aid camps and schemes . And to reach to the poor and weaker sections of the society. But there is a lack of proper training, monitoring, verification, of these para legal volunteers. And these volunteers are also very few in number as compared to the whole population.
CONCLUSION:
The initiative taken up by the government was a ray of hope to the poor and needy people. But it still lacks .It creates issues for the body as well as for the people for whom the Act was implemented. Legal Aid was unable to pace up with the changing times .It hence resulted in too many issues, related to members, statutory body .
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