Justice for All: Empowering the Economically Disadvantaged with Legal Aid
By: Suhail Ah Khoja/ Inam Nazir
Context
Access to justice is a fundamental right of every citizen in a democratic society. We often hear about a legal maxim attributed to William E Gladstone, that “Justice delayed is justice denied”, which highlights that how courts take a long time to hear and adjudicate cases than they usually should. But what if the case of the aggrieved party never reaches the court for disposal for some reason. One can avail justice only when someone seeks it. However, the reality in many countries, including India, is that a significant portion of the population faces numerous barriers in accessing justice due to various socioeconomic factors.
If a person who cannot fulfil his basic needs in present society, how can he pay hefty amount of money as fee to lawyers to access justice, and that too in a country like India where 135.4 million people are multidimensionally poor as per a latest report by NITI Aayog? When it’s hard for them to meet two square meals a day for their family how can they fight for their rights that are violated? They are afraid of the system of court as they are of the opinion that they won’t afford the process to attain justice that results in the deprivation of their rights. In this column, we have explored how legal aid evolved in India and how Nyaya Bandhu Scheme can be a game changer in ensuring legal justice to marginalized sections of the society.
The Legal Services Authorities Act, 1987
The Legal Services Authorities Act 1987 is an Act of the Indian parliament to enforce the provisions of Article 39A of the constitution, guaranteeing the fundamental rights to all the citizens of the country. Article 39A of the constitution is relating to promoting justice on the basis of equal opportunity by providing free legal aid to unaffordable sections of society like poor and economically weaker sections. The act was enacted on 9 November 1987. To commemorate the occasion, 9 November every year is celebrated National Legal Services Day in India. The Act came into effect on 9th November 1995, following the Amendment Act of 1994, which introduced several amendments to the main Act. This act not only talks about legal service but also to aware people about their rights and ways to fight for the violation of the same. So as to take the benefits of the legal service act one should be aware of their rights and also about the said Act. Legal literacy is one of the tool used to educate the people about their rights, how to claim justice in case of the violation of rights and about many others laws of the land
Rationale behind the Legal Aid
For every person to attain justice the concept of legal aid emerged in the society. Legal aid is a service that provides free or low-cost legal assistance to marginalized sections of the society, who cannot afford the exorbitant fees charged by private lawyers. In Article 39A of the Indian Constitution, legal aid is mandated by the constitution. Equal justice and free legal assistance are guaranteed under Article 39A for those who cannot pay it. Free legal aid is a crucial part of meeting the state’s duty to ensure that the legal system functions in a way that promotes justice based on equal opportunity.
Legal assistance is an essential component of ensuring that everyone has access to justice and the ability to exercise their legal rights and remedies, regardless of their socioeconomic status. Legal assistance is the term used to describe the provision of legal services to individuals who cannot otherwise afford them or obtain them. Legal assistance is founded on the core ideas that everyone has a right to a reasonable and fair legal system and that not just the wealthy should have access to legal counsel. The constitution also acknowledges the value of legal knowledge and education, which are crucial for fostering access to justice.
Children between the age of 6 and 14 are entitled to free and compulsory education under Article 21A of the Constitution legislated through the Right of Children to Free and Compulsory Education (RTE) Act, 2009. Programmes for legal education and awareness are essential for raising legal literacy levels among the masses and assisting them in understanding their rights and obligations and the procedure to secure them in case they are violated.
Nyaya Bandhu Scheme
In 2017 a scheme named Nayaya Bandu Scheme was launched by the government under the banner of Ministry of Law & Justice, under which legal aid and legal literacy is given to the people and educate them about their rights, ways to protect their rights and how to fight for the violation of the same and help people who cannot file a case because of financial unsoundness. The scheme was based upon the government’s commitment to promoting inclusivity and social justice. It aims to empower the disadvantaged by providing them with the necessary legal aid and guidance to protect their rights and seek redressal of their grievances. The scheme encompasses several features to achieve its objectives like establishment of legal aid clinics at various locations, collaboration with NGO’s and law firms and organizing public awareness campaigns.
Nayaya Bandhu Scheme & Kashmir Law College
One of the Law school, Kashmir Law College, which is located at Nowshera Srinagar, is a part of such noble cause, and have been educating people from past 2 years regarding legal issues. The college has constituted a group of students and has visited many places like Behrar colony, Wangath and other place and schools, higher Secondary’s and Colleges and educated people about their rights through seminars and one-on-one talks with the people, and also educated girls about how to tackle with the offence they are facing. This initiative provided fruits like many of the girls who are being educated by the volunteers of the said college are now not only ready to tackle the problems facing by the girls today, but they are also ready to educate other girls.
Way forward
The Nyaya Bandhu Scheme is a commendable step towards ensuring equal access to justice for all citizens, regardless of their socio-economic status. By providing legal aid and support to vulnerable and marginalized sections of society, the scheme empowers individuals to seek justice and protect their rights. The success of this initiative lies in its continued dedication, effective implementation, and collaboration between various stakeholders to create a more just and equitable society for everyone. However, the scheme faces issues at various levels of implementation that needs to be addressed like the quality of legal aid provided to the marginalized sections of the society. Moreover, the provisions of the scheme must be brought to the notice of wider audience and to distant locations. Lastly, we all youngsters in general and lawyers in particular need to educate people about their rights so a as to ensure social justice and equality for all in real sense.
Suhail Ah Khoja is Postgraduate Student of Economics at University of Kashmir ([email protected])
Inam Nazir is Law student at Kashmir Law College, Nowshera Srinagar ([email protected])
