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Free legal aid is necessary to dispel the idea that “The law makes the poor and the rich rule the law”- Law Commission of India (Report 14)
Law is a system of rules and regulations established by the sovereign over all aspects of society to regulate and determine what actions and activities are permitted or prohibited. However, no matter how much society develops and progresses in terms of cultural progress and technological revolution, crime can still be found everywhere. A principle of
Jurisdiction “The accused shall be presumed innocent until proven guilty beyond a reasonable doubt”, meaning that he shall be given a fair trial and shall have the opportunity to defend himself against charges were filed against him until the court of law. a decision.
Our country’s judicial system is based on the adversarial model, that is, both sides are in front of an impartial judge who tries to determine the truth behind the case. For many reasons, it is considered a good system. The police and deputies are responsible for the evidence, and that evidence will be reviewed by an impartial jury. Therefore, the criminal defendant seeks a lawyer who is more capable of representing his interests, but there is a large part of the population that cannot afford the services of a lawyer. This is where the concept of Legal Aid comes into play.
Legal Aid is free legal services to the poor and indigent who cannot afford the services of a lawyer in a court. The concept of Legal Aid was developed in the early 1970s at the national level to fulfill the purpose behind Article 39A of the Constitution of India, which states that the government shall ensure that the administration of a legal system that promotes justice based on participation and participation. in particular, free legal aid is provided by the relevant laws and programs, so that the opportunities for ensuring justice are not denied to a citizen due to economic or other disabilities.
On these lines the National Legal Services Act was passed in 1987 and came into force on the 9th of November, 1995. It provided for the establishment of the National Legal Services Authority (NLSA), State Legal Services Authority (SLSA) and Local Law Enforcement Authority (DLSA) at the National, State and District levels. The state of Jammu and Kashmir introduced its own constitution in 1997 but it was repealed after the enactment of the 2019 Amendment Act by Parliament, which later administered the Union Territory of Jammu and Kashmir. by the Law Enforcement Act. Section 12 of the said Act contains a provision for persons entitled to Free Legal Services, among others women, children, members of SCs and STs, bonded labourers, victims of disaster, victims of human trafficking. , etc.
Arguing that human life and liberty are paramount and that no one should be deprived of their life and liberty is an example of modern day criminal thinking. Legal Aid services have been provided across the country since the inception of the National Legal Services Authority Act, 1987. However, a major step taken by the NALSA was the introduction of the temporary Legal Aid Adviser System. all (public care system). provide efficient and timely services to people accused of crimes who cannot afford legal services. Initially, along with other parts of the country, the system has been implemented in ten districts of the Union Territory of Jammu and Kashmir and provides free legal services to people accused of crimes who are unable to presenting themselves. due to economic differences and similarities.
The idea is to promote the basic and fundamental principle of equality and access to justice in its true meaning and meaning. The Legal Aid System promotes an organized system for the provision of legal services and ensures that people’s interests are well protected and represented in accordance with the law. The system is important in that it ensures that the accused is represented from the trial stage including arrest, bail, arraignment, arraignment and even an appeal against an order. . The concept is similar to the constitutional rights of the individual under Article 21 of the Constitution of India and the constitutional obligations on the state under Article 39A.
The supreme court of the land in the case of Hussainara Khatoon vs State of Bihar (AIR 1979 SC 1360) held that “the right to free legal services is a constitutional right guaranteed under Article 21.” Justice is served when it appears to have been served, and the principles of natural justice demand that no one be blamed without a hearing. The judicial approach is very effective in interpreting Article 21 of the Constitution and the Right to Free Legal Aid is carved out of the judicial system and ensures that those accused of sin.
In Khatri v State of Bihar (1981 SC 262) it was said that “The right to legal aid, just, fair and just, is fair. The first is the problem of its freedom arises when a person is arrested and brought before a judge, because at this time he has the first opportunity to apply for bail and to be released, and protest and remain in the police or in jail. This is where the accused needs knowledgeable legal advice and representation. There is no method that can be said to be fair, just, it is also a right which contradicts legal advice/counsel to the accused at this time.Therefore, the government is under a legal obligation to provide free assistance to the accused.
Equal access to justice ensures that no section of the population is oppressed, thus the concept of the Universal Defender system becomes a means to achieve the constitutional objective.
Writers working as Legal Aid Counselors in Kulgam can be contacted at [email protected] a [email protected]
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