Legal Aid Viva

The concept of seeking justice cannot be equated with the value of dollars.
Money plays no role

in seeking justice.
The Indian Judicial System is founded on the principle of ensuring justice for all, as stated in the
Preamble of the Indian Constitution, which strives to provide social, economic, and political
justice to all citizens. However, due to the prevalent economic conditions in India, many people
struggle to access proper legal assistance and representation when their rights are infringed, or
when they need to present their case before the court. This economic barrier to justice is a
significant challenge that needs to be addressed. In response, the legislature has focused on the
concept of providing legal aid to those who cannot afford the costs of legal proceedings,
The concept of "Free Legal Aid" is a critical element of India's agenda as a welfare state,
ensuring that all citizens are treated equally and that the wealthy do not have an advantage in
legal disputes due to their economic resources. The idea is necessary to make sure that the
wealthy should not have a benefit in dispute due to economic resources, but rather are treated
equally to anyone else.
Despite the constitutional guarantee of access to justice for all, the reality is that many vulnerable
and marginalized communities in India face significant barriers in accessing legal services. The
free legal aid movement emerged as a response to this problem, seeking to provide legal
assistance to those who cannot afford it. However, the effectiveness of this movement in
achieving its goals remains unclear. The purpose of this research paper is to assess the impact of
the free legal aid movement in India on access to justice for the marginalized communities.
CONTIBUTION OF JUDICAIRY
The judiciary has played a crucial role in promoting and enforcing the concept of free legal aid.
Through various landmark cases, the courts have emphasized the importance of ensuring that
everyone, regardless of economic status, has access to proper legal assistance. The case of
Hussainara Khatoon Vs. The state of Bihar is a significant example of this. In this case, many
people were languishing in jails in Bihar for prolonged periods, even for bailable offenses, due to
lack of awareness of their rights and poverty preventing them from appointing legal practitioners.
Justice P.N. Bhagwati stressed the importance of providing awareness among underprivileged
sections about their right to free legal assistance. Without proper knowledge about their rights,
conferred rights are of no use. It is vital to provide legal awareness, especially in rural areas and
cities where many people lack knowledge about the law and legal systems.
Thus, the free legal aid movement in India has played a significant role in ensuring access to
justice for marginalized communities. It has provided a platform for the marginalized to seek
redressal of their grievances, facilitated their access to the judicial system, and contributed to the
development of legal jurisprudence and legal education.
Intersection of Free Legal Aid Movement with Changing Legal System and Social Justice
Movements
The intersection of the free legal aid movement in India with changing legal system,
globalization, and social justice movements has been a complex and dynamic phenomenon.
Firstly, the free legal aid movement in India has played a crucial role in the changing legal
system of the country. The movement emerged as a response to the increasing inequality and
injustice faced by marginalized communities who lacked access to justice due to economic,
social, and cultural barriers. With the introduction of the Legal Services Authorities Act in 1987,
legal aid became a fundamental right for all citizens, and the movement gained significant
momentum. The movement has since then been instrumental in providing legal representation to
millions of people who would have otherwise been denied access to justice.
Moreover, the free legal aid movement in India has intersected with social justice movements,
including the women's movement, the Dalit movement, and the LGBTQ+ movement. These
movements have been instrumental in highlighting the intersecting forms of discrimination faced
by marginalized communities and have provided a platform for the free legal aid movement to
address these issues.
Conclusion
India is a developing country that faces significant challenges due to poverty, which affects the
access to human rights. However, it is important to note that India has made significant progress
in recognizing the importance of providing free legal aid to those who cannot afford legal
representation due to socio-economic factors. In recent years, there has been a transformation in
the judicial approach towards legal aid, with recognition that it is a fundamental right of every
citizen rather than a privilege for the accused. Both the Indian judiciary and Parliament have
taken steps to give legal aid the necessary statutory backing.
Justice Bhagwati's observation that the right to justice should not be denied due to ignorance and
poverty is particularly apt in this context. It is essential to understand that free legal aid and
services provided by the State are not acts of charity or pity but crucial instruments to remove
social and economic barriers that may prevent people from seeking justice.

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The concept of seeking justice cannot be equated with the value of dollars.

Money plays no role

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