Legal Aid

Legal aid is a government program that provides help, advice, and representation to those who cannot afford it. Free legal aid is every Indian’s fundamental human right according to the Indian Constitution. The National Legal Services Authority regulates this component of legal services. It guarantees help to the poorer parts of society who fall under section 12 of the Legal Services Authority Act, 1987. Legal help to the poor, weak, and illiterate is required for the rule of law to exist. Poor, illiterate people are denied access to justice unless they are given legal counsel.

 The Indian Constitution requires the court to be independent and impartial. As a result, courts are accountable for upholding the Constitution and protecting citizens’ rights, regardless of their financial circumstances.

Objectives of Legal Aid

The objective of legal aid lies in bridging the gap and making legal services accessible to all segments of our society. Its core aim is to protect the rights and interests of people. Legal aid is a step by which weaker sections of our country can become strong and enable themselves to live with confidence.

 The concept of legal aid is made such that no one feels like they are treated separately. There are many negative aspects of the society because of which some have remained underprivileged – the objective of providing legal aid is the upliftment of one and all.

 The three-A guide on the framework is mentioned below.

• Awareness: People are empowered when they are aware of their rights and power and learn how to secure these rights for themselves.
• Assertion: Encourage those people to assert those rights as a “right” and not as a favour.
• Arrangements: Once objectives 1 and 2 are achieved, it is the responsibility of the State to make the necessary arrangements. It must ensure that these rights are given to those who claim them in a fair and just manner.

Types of Legal Aid Fund

1. Grants by the Central Government (National Legal Aid Fund): The Central Government shall make grants to the Central Authority to carry out the purposes of legal aid in the amount it deems fit.
2. State Legal Aid Fund: Established by State Authority
3. District Legal Aid Fund: Established by District Authority

Types of Legal Services

Legal services can be divided into two types; pre-litigation services and post-litigation services.

With each passing day, the number of lawsuits is on the rise, which poses a risk to the smooth administration of justice. Before now, the emphasis has been on post-litigation assistance or help. However, this focus is changing as it becomes apparent that pre-litigation legal services are of greater value than post-litigation legal services.

Pre-litigation services include:

• Legal education
• Legal advice
• Legal awareness
• Pre-litigation settlement

The incorporation of legal aid puts forth challenges and opportunities to the legal community. Let’s review these in detail.

Benefits of Legal Aid

Legal aid provides support to the underprivileged and weaker sections of our society. Below are ways in which legal aid has benefitted India’s marginalised communities: 

• It has increased people’s trust in the fairness of the system
• It has made the judicial system accessible to everyone.
• It has made the judicial system work more efficiently.
• It has empowered citizens by informing them about the different paths besides post-litigation. 
• As a result, it has helped in getting better judgments.

Challenges to Legal Aid

• Illiteracy and lack of awareness: Legal aid has not yet achieved its goal because people are still unaware of their rights. Due to not knowing the meaning of legal aid and a general lack of information, poor people are abused and deprived of their rights and benefits.
• Insufficient financial support: According to sources, only 0.2 per cent of the GDP (Gross Domestic Product) is spent on the administration of law and justice in our country. This amount is grossly inadequate and insufficient in a democracy.
• Legal aids have a limitation: There are limitations in covering the total cost borne by the person. It only covers the deposition charges and lawyer fees, but it does not cover bribes, transportation costs, and other expenses required at the ground level. 

Who Is Entitled to Receive Legal Aid?

The Indian Constitution states that every person is entitled to receive legal aid. Indian citizens, irrespective of age, gender, or ethnicity, qualify for legal aid if they fall under the following categories:

• A person belonging to Scheduled Caste or Scheduled Tribe
• A woman or a child
• People who have been victims of trafficking
• A mentally ill or otherwise disabled person
• A person under special circumstances
• An individual in custody, including custody in a protective home

The person to whom legal aid is provided need not have to pay any money for the following:

1. Court fees or any other legal costs related to litigation
2. Documentation fees (drafting of documents, getting copies, etc.)
3. Fees of the lawyer

Legal Framework for Legal Aid in India

The articles and laws that have been formulated to make legal aid accessible to the people in need include: 

• Article 14
• Article 21
• Article 22(1)
• Article 39(A)
• Rule 46 of Bar Council of India
• Rules in part-VI
• Section 304 of Criminal Procedure Code, 1973
• Order 33 of Civil Procedure Code, 1908 

Conclusion

Legal aid is an important concept in the Indian legal system that uplifts low-income and underprivileged members of society by providing free legal services. It is funded by Central, State, and District-level authorities. 

Everyone is entitled to free legal aid, especially women, children, and people belonging to disadvantaged communities such as Scheduled Caste and Scheduled Tribe. The service covers court, documentation, and lawyer fees, allowing poor people the right to a fair trial. However, it does extend to bribes and transportation costs. Moreover, people need to know the meaning of legal aid and educate themselves to take advantage of this government program.

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