INTRODUCTION
The Legal Aid and Advice (Amendment) Bill is a proposed legislation that seeks to amend the existing Legal Aid and Advice Act of 1972. The bill first introduced in the Indian Parliament in 2015 and was subsequently re-introduced in 2017.
The main objective of the bill is to provide greater access to legal aid and advice for marginalized and vulnerable sections of society, including women, children, senior citizens, and persons with disabilities. It seeks to achieve this by expanding the scope of legal aid services and increasing the availability of legal aid providers.
The bill proposes to establish a National Legal Aid and Services Authority, which will be responsible for formulating policies and guidelines for the provision of legal aid and advice. It also seeks to establish State Legal Services Authorities in each state to oversee the implementation of legal aid programs at the local level.
Other key provisions of the bill include the establishment of legal aid clinics in every district of the country and the provision of legal aid to individuals at pre-trial, trial, and post-trial stages of legal proceedings. The bill also proposes to make legal aid a fundamental right under the Indian Constitution.
Overall, the Legal Aid and Advice (Amendment) Bill, if passed, has the potential to significantly improve access to justice for marginalized communities in India.
RIGHT TO FREE TRAIL AND FREE LEGAL AID AS A FUNDAMENTAL CONCOMITANT
The right to a fair trial and free legal aid are two important fundamental concomitants of the right to access justice.
The right to a fair trial is a basic human right and is enshrined in several international human rights treaties and national constitutions. This right includes the right to an impartial and independent tribunal, the right to a public trial, the right to be heard, the right to legal representation, the right to cross-examine witnesses, and the right to an appeal.
The provision of free legal aid is a recognized principle of international human rights law and is enshrined in several national constitutions, including the Indian Constitution. The Indian Constitution provides for free legal aid to all citizens, particularly to the poor and marginalized sections of society, under Article 39A.
The provision of free legal aid is a recognized principle of international human rights law and is enshrined in several national constitutions, including the Indian Constitution. The Indian Constitution provides for free legal aid to all citizens, particularly to the poor and marginalized sections of society, under Article 39A.
FREE LEGAL AID IN INDIA
Free legal aid in India is a constitutional right guaranteed under Article 39A of the Indian Constitution. It ensures that every citizen, particularly the poor and marginalized, has equal access to justice. The Legal Services Authorities Act of 1987 provides a statutory framework for the implementation of free legal aid programs.
Under this act, every state in India has a State Legal Services Authority responsible for providing legal aid to eligible individuals. Legal aid is provided through legal aid clinics, legal aid cells in courts, and other similar institutions. The aim of free legal aid is to ensure that justice is accessible to all, regardless of their financial status or background.
LAND MARK GENERATING LEGAL AID MOVEMENT IN INDIA.
One of the landmark cases that generated the legal aid movement in India was the case of Hussainara Khatoon v. State of Bihar (1979). In this case, a public interest litigation was filed on behalf of several undertrial prisoners who had been languishing in jail for several years without being tried. The Supreme Court of India took cognizance of the matter and ordered the release of all undertrial prisoners who had been in jail for more than the maximum sentence for the offenses they were accused of.
This case highlighted the issue of the slow pace of justice delivery in India and the plight of undertrial prisoners who often do not have the financial resources to access legal representation. It generated awareness about the need for legal aid programs and led to the establishment of the Legal Services Authorities Act of 1987, which provides for the provision of free legal aid to the poor and marginalized sections of society.
The case of Hussainara Khatoon v. State of Bihar is widely regarded as a milestone in the legal aid movement in India and continues to be cited as a precedent in cases related to access to justice and legal aid.
CONCLUSION
The Legal Aid and Advice (Amendment) Bill, 2015 and 2017, were proposed legislations aimed at improving access to legal aid and advice for marginalized and vulnerable sections of society in India. The bills sought to establish a National Legal Aid and Services Authority and State Legal Services Authorities to oversee the provision of legal aid services at the national and state levels.
While the bills have not been passed, there continues to be a pressing need for legal aid reforms in India to ensure that every citizen has equal access to justice. It is hoped that future legislative efforts will build on the proposals outlined in the Legal Aid and Advice (Amendment) Bill and work towards a more equitable and just society.
Written By Advocate Associate Avichal singhal
Law Offices of Kr. Vivek Tanwar Advocate & Associates