Legal Aid and Support: The role of Free Legal Aid in promoting equitable Access to Justice.

Author: Karan Gupta, Christ (Deemed to be University Bengaluru).

Co-author: Khushi Shandilya, Dr. Rajendra Prasad National Law University, Prayagraj.

It is crucial for democracy that justice should be made equally accessible to everyone. Free legal aid services are a strong tool through which no one should be denied justice simply because of his or her weak financial background or because of being in some particular geographical location. In India, it often seems that the marginalized and underprivileged sections of society are left behind to get equal justice simply because they cannot afford legal services. This essay will explore the historical context in India regarding free legal aid and how different types of free legal aid services promote equal access to justice. This essay further discusses the landmark cases where there was a demand of providing free legal aid to poor people who are not able to access the legal services. However, there are significant challenges that act as a hindrance towards the aim and objective that free legal aid wants to achieve. To protect and uphold the principle of justice and fairness. This essay will explore the urgent need and recommend tackling the merging challenges. By filling these gaps, India will move towards all sections of society being fairly treated with equal access to justice.

 A country like India is diversified, consisting of all types of populations, from the poor to the rich and middle classes. The question related to the affordability of legal services is one of the major concerns for India. Many of us face some legal issues in our lives ranging from minor problems to complex issues. Still, the primary point is that in reality the majority of the population are not able to afford services for their legal issues due to limited financial resources which eventually force them to avoid taking help of legal services on account of the cost associated with it. This lack of affordability of legal services due to limited financial resources results in injustice, delay, and in some cases has a deep impact on their life.

In a democracy, access to justice is the cornerstone or central principle for any just, fair, and equitable society. The significance of free legal aid and pro bono services are in the principle that justice should not be limited or provided only to those who can afford legal representation. Both principals admit that individuals belonging to marginalized or backward classes who are involved in cases in court can obtain justice with the help and confidence of legal professionals.

Free Legal Aid in India refers to providing free legal aid services to individuals, groups or communities who are not able to afford legal services due to various reasons in order to get justice. The main aim of providing free legal aid is to ensure that no one is denied justice irrespective of their financial background, geographical factors etc. 

The concept of free legal aid was not new to India, it has a long historical background. The concept of Free Legal Aid has been evolving for many centuries. One of the earliest free legal aid movements came into France in 1851 where the Government of France introduced an Act to provide legal aid to people who cannot afford the fees. In order to protect the interest of the poor people so that they are not left behind in achieving justice, when their rights are violated. In India, the movement of providing free legal aid came late in 1952 when the government asked to provide free legal aid to the poor. In 1980, a committee was formed to spread the movement of free legal aid in India under the chairmanship of Justice P.N. Bhagwati. This committee later came to be known as the Committee for Implementing Free Legal Aid Services in India and it immediately started working to help the poor in order to have equal access to justice. The opening of Lok Adalat was one of the significant achievements in providing legal aid to the poor by speeding up the trial process associated with low cost. The concept of free legal aid was given statutory backing by bringing the Legal Service Authority Act 1987, but it came into force in 1995. The Constitution of India also contains provisions of free legal aid. Article 39A of the Constitution of India, which is related to the Directive Principles of State Policy, provides the concept of providing equal justice and free legal aid by the State.

Public defenders: Criminal cases are handled by a person when a crime has been charged against them and that person does not have enough money to appoint a private lawyer for defending their case. The court arranges for public defenders to handle cases for people who cannot afford legal representation. The principal purpose of delivering legal service is to ensure that the disadvantageous section, which has meagre finance does not get left out; otherwise, it should get a just and fair trial and proper access to justice.

Non-Profit Legal Aid: These organizations provide low-cost services or even free legal aid services, if the matter is related to social importance such as racial discrimination, domestic violence, etc.

Legal Aid Clinics: Many law schools have their legal aid clinics in which students pursuing law provide their legal services to those who are unable to afford the legal services for their cases due to lack of financial resources. These students provide their services under the supervision and coordination of their professors.

Hussainara Khatoon v. State of Bihar (1980)

In Hussainara Khatoon v. State of Bihar (1980), the Court, in its decision, seriously considered the issue of legal aid. In rendering the decision, the Supreme Court recognized that those accused who are sent to imprisonment without a trial or proper judicial process deserve to have professional legal representation.

The Court made it clear that a speedy trial was their right under Article 21 of the Constitution of India, which dealt with people being detained illegally for prolonged periods of time without having been brought to trial. In this regard, the Court further emphasized how critical legal aid is to making sure that detainees get a fair chance at justice, especially when they cannot afford to pay for an attorney.

This decision by the Supreme Court furthered the cause of holding access to justice and legal counsel as a fundamental right and helped expand legal aid initiatives in India. Thus, Hussainra Khatoon was an important judgment regarding the legal aid movement in India, particularly in defending the rights of marginalized and impoverished people being held in illegal custody.

Centre for Legal Research and another v. State of Kerala (1986)

In the case of Centre for Legal Research and another v. State of Kerala, the issue raised was about whether the voluntary organization or social action groups that organize legal aid programs and their activities should be supported by the State Government and if so to what extent. Honourable Chief Justice P.N. Bhagwati has elaborated that Article 39A provides for the duty and responsibility of the State to offer legal aid and justice to every individual without discrimination or social and economic barriers. Therefore, in the light of this ruling, it has been elucidated that the legal aid program should not be confined in limited dimensions and that the masses should be the beneficiaries, and therefore three norms or guidelines were issued which laid down for the State as to how to support and cooperate with the social action groups. First, appreciate and recognize a social action group by the “Committee for Implementing Regulates Schemes”, which has been set up by the Government of India, or if this committee is receiving grants from the Government of India, and lastly, organizations need to conduct legal aid camps, Lok Adalat, and Niti Melas in association with or support of the government organizations. 

Ashok v. State of Uttar Pradesh (2024)

The Supreme Court in Ashok v. State of Uttar Pradesh, presided over by Justice Abhay S. Oka discussed, under which the accused had undergone more than 12 years of imprisonment for the offence of committing rape and murder of a child in the year 2009. The court held that his rights under Articles 39A and 21 of the Constitution of India had been violated, which ensured free legal help and the right to a fair trial, as he was not given appropriate legal assistance.

The Court emphasized the State's duty to provide legal aid and the Public Prosecutor's duty to inform the court when such aid is necessary. It was found that when the charges were framed, the accused did not have the advocate. In addition, the impartiality of the trial was compromised by the presence of the designated amicus curiae who often failed to attend.

The court should ensure that the accused is informed of his entitlement to legal aid at each stage of the trial from the stage of framing of the charges, as ordered by Justice Oka. Public Prosecutors should highlight the requirement of legal aid if the latter is not offered. An amicus curiae should be an experienced advocate with at least ten years of practice or above. In dire circumstances, an amicus curiae would be appointed by the Bar and senior advocates may be authorized for a fair trial if the offence is of serious nature.

As well in Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid v. State of Maharashtra ,it was again reinforced that the magistrates should inform the accused of his rights to access justice as per Article 39A and under Article 21 and 22(1) of the Constitution of India.

Lack of Public Awareness: This is one of the major issues for not having a successful implementation of free legal aid because most of the people don't know about their basic rights given by law. This occurs mainly due to not having sufficient knowledge about the judicial services provided to them and how to access them. This lack of knowledge hampers the successful progress of providing free legal aid to all citizens and prevents them from seeking help when needed.

In the case of Sheela Barse v. State of Maharashtra, it was held that the women prisoners in Maharashtra jails were in distressed condition as they did not have the knowledge how to access justice from inside the jail. The lack of knowledge about legal aid was seen in this case.

Lack of Support: The biggest barrier to free legal aid is the lack of support from advocates and lawyers. Charging fees by advocates for providing assistance to people who are in need is the main cause. Only a few are actively dedicated to supporting people by providing free assistance by understanding their moral responsibility. Thus, this reluctance of getting low remuneration leads to the shortage of qualified advocates.

Lack of Financial Resources: The lack of budget and financial resources to support their free legal camps was one of the major challenges. Many legal aid organizations lack this financial support and because of this they are not able to provide the quality of services that they are supposed to provide. This financial constraint hampers the quality of legal aid which is supposed to reach the public at large.

Geographical Factors: Another significant challenge is in delivering quality of free legal aid as the major chunk of legal aid services are concentrated majorly in urban areas, leaving the rural and remote areas left behind in getting quality of legal aid. This geographical disparity between rural and urban makes it more challenging for marginalized populations of the society to access the free legal aid services.

Legal Awareness Campaigns: One of the important aspects to tackle the challenge of free legal aid was to educate and inform the uneducated and underprivileged section of the society about their right of getting free legal aid. This can be done by organizing community based legal education camps, informing the uneducated section of the society, running various legal awareness campaigns through radio, tele-vision, etc. so that each section of the society gets to know about their basic right of free legal aid. 

Better Financial Resources: Another important aspect is that the State must provide better financial resources to the legal service authority in order to ensure that justice is given to all irrespective of their financial background. In order to ensure equitable access to free legal aid and justice. It is very important that the legal service authority is equipped with enough financial resources.

Mobile Legal Aid Units: The government should establish mobile legal aid units that travel to rural and remote areas in order to provide on spot consultations, guidance, education to those people who are unable to access free legal aid. This will help the marginalized and poor section that live in remote and rural areas to access the free legal aid and ensure proper justice is provided.

Integration of AI: Government needs to invest in the latest updated technologies such as developing online platforms and apps that help the marginalized and poor section of the society to access free legal aid. By integrating IT with free legal aid, it helps to tackle the challenges that hinder the aim and objective of free legal services.

Incentives to lawyers: This is equally important that the government should encourage the lawyers to participate in free legal aid and pro bono services by providing them with good incentives such as giving them tax reduction, better remuneration etc. This will increase the quality of lawyers who are willing to give free legal aid services.

Free Legal Aid is an important part and principle of our Constitution of India. It helps to provide free legal aid services to those who cannot afford legal services due to their financial constraint and helps them to navigate the complex legal issues they are facing to get justice. There is a need to provide free legal aid as most people who are living in remote or rural areas are unaware of their right to free legal aid as provided by the Constitution. Due to this unawareness, they end up doing injustice with them due to not being able to afford legal services. Free legal aid plays a very crucial role in protecting the rule of law by providing justice to all citizens but is not getting as much attention as it should be due to a lack of awareness about their rights. An alert concerning the free legal services will be necessary to deal with the problems of financial crunch, no support from other law related professional areas. Participation of everyone must uphold the principle of justice in the administration of justice through legal aid in the court.

1. Srijita Adak, Pro Bono Legal Service: The Reason And Contributing Factor Of It, (Dec. 10, 2024, 11.00 A.M ), https://www.legalserviceindia.com/legal/article-14898-pro-bono-legal-services-examining-the-reason-and-contributing-factors-of-it.html.

2. Legal Service Authority Act, 1987, No. 39, Acts of Parliament, 1987(India).

3. INDIA CONSTI. art 39A.

4. Siddharth Rana, Legal Aid in Indian Constitution, (6), IJCRT, 323, 325- 326, (2018).

5. Find Law Staff, Types Of Free Legal Services ( Dec. 14, 2024, 10.00 A.M ), https://www.findlaw.com/hirealawyer/do-you-need-a-lawyer/types-of-free-legal-services.html.

6. INDIA CONSTI. art 21.

7. Hussainara Khatoon vs Home Secretary, State of Bihar 1980 SCC (1) 98.

8. Centre for Legal Research And Anr. v. State of Kerala 1986 (2)SCC 706.

9. Ashok vs State of U.P, 2024 SCC 3580.

10.  Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid v. State Of Maharashtra, 2012 INSC 357.

11. Sheela Barse v. State of Maharashtra, 1983 INSC 9.

12.  Akarshita Singh, Legal Aid In India: Current Scenario And Future Challenges, ( Dec. 18, 2024, 1.00 P.M ),  https://articles.manupatra.com/article-details/Legal-Aid-in-India-current-scenario-and-future-challenges.

13. Amritraj Dubey, Access to Justice vis-à-vis Legal Aid and Service System in India: A Critical Analysis, ( Dec. 22, 2024, 10.30 A.M ),  https://www.legalserviceindia.com/legal/article-15156-access-to-justice-vis-a-vis-legal-aid-and-services-system-in-india-a-critical-analysis.html?utm_source=chatgpt.com<

14.  Yogeeta Sharma, Legal Aid And Social Justice 9 (4) IJNR (2024).