National Legal Services Day: Navigating the legal realm

Amid a widening gap of the set objectives and the actual outcomes, legal services authorities should intensify their efforts in conducting frequent legal awareness programs to bridge the gap, writes PVS Sailaja, Assistant Professor Dr. BR Ambedkar Law College Hyderabad.

Hyderabad: Within our Constitution, provisions are established to ensure the presence of a robust and autonomous judicial system, where the right to "access to justice" is acknowledged as a fundamental and inalienable right. To bring justice closer to the underprivileged segments of the society, a number of innovative measures including providing legal aid to poor have evolved with time. National Legal Services Day is observed every year on 9th November to commemorate the commencement of Legal Services Authorities Act, 1987 which came into force on 9th November, 1995.

On this day legal awareness camps are held by State Legal Services Authorities across the country to apprise people about the availability of free legal aid. 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 that opportunities for securing justice are not denied to any citizen by reason of economic or other disability. Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all.

Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society. In the absence of legal assistance, injustice may result and every act of injustice corrodes the foundations of democracy. The earliest Legal Aid movement appears to be of the year 1851 when some enactment was introduced in France for providing legal assistance to the indigent.

In Britain, the history of the organized efforts on the part of the State to provide legal services to the poor and needy dates back to 1944, when Lord Chancellor, Viscount Simon appointed Rushcliffe Committee to enquire about the facilities existing in England and Wales for giving legal advice to the poor and to make recommendations as appear to be desirable for ensuring that persons in need of legal advice are provided the same by the State.

Since 1952, the Govt. of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions. After Independence, many states introduced the concept of legal aid for the needy people. In 1958, the 14th Law Commission Report emphasized on providing equal justice and free legal aid to the poor.

Realizing the need to ponder over the reforms required in the Legal Aid Movement of India a new model of Legal Services Delivery, the ‘Legal Aid Defense Counsel System’ (LADCS), in line with public defender system, is introduced by NALSA. As envisaged, LADCS involves full time engagement of lawyers with support system, dealing exclusively with legal aid work in criminal matters at every stage starting from the pre-arrest, arrest and remand stage to the conclusion of trials and appeals etc.

In the year 2021, six-week long Pan India Legal Awareness and Outreach Campaign was launched from 2nd October to 14th November, 2021 which included Door-to-Door Campaigns, Legal Awareness Programs, awareness through Mobile Vans and awareness through Legal Aid Clinics where in more than 38 crore persons were surveyed or interacted or made aware of their rights.

On the Legal Services Day i.e., 9th November, 2021, a national level event was also organised by (NALSA), wherein iOS version of the Legal Services Mobile Application was launched and online portal for filing Legal Aid applications was made accessible in 10 languages. The Under Trial Review Committee conducted an impressive 10,028 meetings as part of its mission to review and address the status of under-trial cases.

A total of 2,27,344 individuals received legal assistance through the operation of 1,137 Jail Legal Services Clinics. A significant number of 5,33,548 women were beneficiaries of legal aid through programs organized under the collaborative project between NALSA and the National Commission for Women (NCW) focused on "Empowerment of Women through Legal Awareness."

As of December 31, 2021, there were 12,794 Legal Services Clinics in operation throughout India, exemplifying the extensive reach of legal aid services. These include clinics by National Legal Services Authority (NALSA) at National level Supreme Court Legal Services Committee (SCLSC) at Supreme Court level, 39 High Court Legal Services Committees (HCLSCs), 37 State Legal Services Authorities (SLSAs), 673 District Legal Services Authorities (DLSAs) 2465 Taluk Legal Services Committees (TLSCs) at Taluk level.

The Government extends all support to strengthen the legal services authorities/institutions in the form of Grant-in-Aid and other logistical support. Overall there are 33,556 penal lawyers with 10 years experience and 24,704 Para legal volunteers in India. Total budget allocation by the Central Government is Rs 145 crores for the financial year 2021-22.

There are 22,321 legal literacy clubs in schools, and 1,26,856, legal awareness programs organized in these clubs. Kerala holds the distinction of being the pioneer state to establish a policy focused on providing legal aid. Following in its footsteps, Tamil Nadu and Maharashtra also implemented schemes aimed at offering free legal assistance to underprivileged individuals.

In 1973, an Expert Committee on Legal Aid, led by the esteemed Justice V.R. Krishna Iyer, published a report titled "Processual Justice to the Poor." Subsequently, in 1977, Justice P.N. Bhagwati and Justice Krishna Iyer jointly submitted a report known as "National Juridicare: Equal Justice and Social Justice."

In recognition of the pressing need to provide free legal aid, the 42nd Constitutional Amendment in 1976 introduced Article 39A within the Directive Principles of State Policy (DPSP), focusing on "Equal Justice and Free Legal Aid." In 1980, the Committee for Implementation of Legal Aid Scheme (CILAS), chaired by the Honorable Mr. Justice P.N. Bhagwati, assumed responsibility for overseeing and supervising legal aid initiatives across the country.

CILAS also introduced Lokadalats, which have proven to be effective tools for amicably resolving disputes. In this context, Parliament enacted the Legal Services Authorities Act in 1987. This legislation not only granted statutory recognition to dispute resolution through compromise and settlement in Lokadalats but also mandated the provision of proficient legal services to the marginalized segments of society.

In 1995, the National Legal Services Authority (NALSA) was established under section 3 of the Legal Services Authorities Act, 1987, to further these noble objectives. The Supreme Court of India seized a pivotal opportunity to issue a resounding affirmation of the rights of the impoverished and destitute in the Hussainara Khatoon v. State of Bihar (1980) case. Article 39-A underscored the indispensability of free legal assistance as an integral component of a just and equitable procedure.

The Court underscored that the right to free legal aid was inherently implicit in the guarantee enshrined within Article 21. In the Khatri v. State of Bihar case, the Court decisively addressed the matter of providing free legal aid to economically disadvantaged defendants who lacked the means to engage legal representation.

Moreover, in the Suk Das v. Union Territory of Arunachal Pradesh case, Justice P.N. Bhagwati highlighted the urgent necessity of fostering legal awareness in accordance with the provisions of Articles 14 and 22(1) of the Indian Constitution. It was emphasized that even educated individuals often remain unaware of their rights and entitlements under the law.

The Supreme Court echoed a similar sentiment in the State of Haryana v. Darshana Devi case, asserting that the economically disadvantaged must not be barred from accessing the justice system due to exorbitant court fees, and that the exemptive provisions of order XXXIII, CPC must be applied without hindrance.

Transitioning to another concept, Lok Adalats and Mediation have played a significant role in the Indian legal landscape. Lok Adalats, which translates to "people's courts," had their inception in Gujarat. Commencing with the very first Lok Adalat organized in Junagadh on March 14, 1982, they have proliferated across the nation.

To date, an impressive 3.26 crore cases have been referred to National Lok Adalats, resulting in the disposal of 1.27 crore cases. During the COVID pandemic, the Legal Services Authorities (LSAs) innovatively leveraged technology and introduced E-Lok Adalat, wherein affected parties couldget their matter resolved without physically visiting the venue of the Adalat.

A noteworthy development is the establishment of 402 Permanent Lok Adalats dedicated to public utility services, with 348 of them currently operational. Shifting our focus to mediation centers, there are a total of 465 Alternative Dispute Resolution (ADR) centers and 572 mediation centers, excluding ADR centers.

These have successfully facilitated the resolution of 52,568 cases through the mediation process. The limit of income can be increased by the state governments. Limitation as to the income does not apply in the case of persons belonging to the scheduled castes, scheduled tribes, women, children, handicapped, etc.

Thus by this the Indian Parliament took a step forward in making the legal aid possible in the country. A significant challenge lies in the limited awareness among the underprivileged about their legal rights. It is imperative to provide education on their fundamental legal entitlements, starting from the grassroots level of the country.

Legal services authorities should intensify their efforts in conducting frequent legal awareness programs and ensure their successful implementation. Legal aid requires the unwavering attention and commitment of the judiciary to bridge the widening gap between the established objectives and the actual outcomes, a gap that continues to grow.

Utilizing Legal Aid as a pivotal instrument in achieving the objective of ensuring equitable justice and eradicating social and structural discrimination against the marginalized is crucial. Instead of enacting new regulations, the focus should be on the effective and proper implementation of existing laws. It's essential to introduce efficient Alternative Dispute Resolution methods to expedite the resolution of matters at pre-litigation stages, minimizing the need for further appeals.

Involving law students in ADR processes can significantly contribute to the swift disposal of cases. A greater allocation of funds by the state and the government is necessary to ensure that lack of financial means does not hinder access to legal advice. To enhance the quality of legal aid, experienced lawyers should be engaged and trained to provide legal assistance, viewing Legal Aid as an obligation. Both the legal community and society at large must step up and take responsibility for the well-being of the vulnerable population.

The involvement and increased role of non-governmental organizations in raising awareness about people's rights and ensuring effective justice delivery are vital. Many developed countries have multi-year plans to educate their citizens about laws and rights, and India can adopt a similar approach with a five-year plan.

Monitoring the performance of legal counsel should be based on feedback from the people they serve, allowing for the evaluation of their work. Comprehensive progress reports for each advocate should be part of the assessment process. In conclusion, the effective operation of the National Legal Services Authority (NALSA) demands a multifaceted approach that encompasses legal awareness and education, efficient implementation, collaboration with non-governmental organizations, allocation of adequate financial resources, capacity building, promotion of Alternative Dispute Resolution, accountability through feedback mechanisms, and the development of comprehensive, long-term legal education plans.

By incorporating these strategies into its mission, NALSA can make significant strides in providing legal aid, ensuring equal access to justice, and empowering marginalized and vulnerable segments of society.