The history of Legal Aid is a transition from a concept of "charity" to a "constitutional mandate." In India, the right to free legal aid is not just a statutory provision but a fundamental aspect of the right to life and equality.
I. Historical Evolution
The roots of legal aid can be traced back to early civilizations, but its structured development happened in three major phases:
1. Ancient and Medieval Period
Dharma and Zakat: In ancient Hindu law and medieval Muslim law, providing justice to the poor was considered a religious and moral duty of the King. There were no court fees, and the system was accessible to the common man through local Panchayats.
2. Colonial Period (The British Era)
The British introduced a formal, expensive, and technical adversarial system. This created a "paradise for lawyers" where only the wealthy could afford justice.
Bombay Legal Aid Society (1924): This was one of the first organized efforts in colonial India to provide legal services to the poor, driven by individual philanthropists and lawyers.
Poor Prisoners Defence Act, 1903 (UK influence): Early English statutes slowly influenced Indian thinking, leading to small provisions for defense in criminal trials.
3. Post-Independence Period (The Rights Revolution)
14th Law Commission Report (1958): Under M.C. Setalvad, this report emphasized that "free legal aid" is a service the State should provide as a matter of right.
Krishna Iyer Committee (1973): Justice V.R. Krishna Iyer’s report, "Processual Justice to the People," provided the blueprint for a national legal aid network.
P.N. Bhagwati Committee (1977): Known as the "Juridicare Committee," it recommended a structured legal services authority to bring "law to the doorstep" of the poor.
II. Constitutional Provisions (The Backbone)
The legal mandate for legal aid is primarily derived from three articles of the Indian Constitution:
Article 39A (42nd Amendment, 1976): This Directive Principle of State Policy (DPSP) explicitly commands the State to provide free legal aid by suitable legislation or schemes to ensure that opportunities for securing justice are not denied to any citizen due to economic or other disabilities.
Article 14: Guarantees "Equality before the law," which is impossible if one party cannot afford a lawyer.
Article 21: The Supreme Court has interpreted the "Right to Life and Personal Liberty" to include the Right to a Fair Trial, which implicitly includes the right to free legal aid.
III. The Legal Services Authorities Act, 1987
This Act was enacted to give a statutory base to legal aid programs. It came into force on November 9, 1995.
Key Features of the Act:
Three-Tier Structure:
NALSA: National level (headed by CJI).
SLSA: State level (headed by Chief Justice of the High Court).
DLSA: District level (headed by District Judge).
Section 12 (Eligibility): It defines who is entitled to free legal aid, including SC/ST, women, children, industrial workmen, and those below a certain income limit.
Statutory Status to Lok Adalats: Chapters VI and VIA of the Act give legal recognition to Lok Adalats and Permanent Lok Adalats.
IV. Landmark Judicial Decisions
The judiciary has been the greatest champion of legal aid history:
Hussainara Khatoon v. State of Bihar (1979): The Supreme Court held that the right to free legal services is a fundamental right implicit in Article 21. It led to the release of thousands of undertrials.
M.H. Hoskot v. State of Maharashtra (1978): Justice Krishna Iyer declared that the right to legal aid is a "constitutional duty" and not "government charity."
Suk Das v. Union Territory of Arunachal Pradesh (1986): The Court ruled that a conviction could be set aside if the accused was not informed of their right to free legal aid.
No comments:
Post a Comment