Meaning of Legal Aid and Its Relevance
Meaning of Legal Aid and Its Relevance
Legal Aid means giving free services to the needy and the poor ones who cannot afford the
services of lawyers.To provide equal justice LEGAL AID has been provided to all the citizens of
the country because India democracy is based on the principle of quality, justice, human dignity,
fraternity and social and economic ineqalities.In India Legal aid started in 1952. In 1980, a
committee has been formed to supervise legal aid programmes throughout the country under the
chairmanship of Hon’ble Mr. Justice P.N, Bhagwati, then a judge of Supreme court of India.
There are two authorities which provides Free Legal Aid 1. District legal service authority 2.
National Legal service authority. (which has been set up for implementing and monitoring legal
aid programmes in the country). In 1987, Legal Services Authority Act was enacted so that the
concept of legal aid cells gain a statutory base and uniformity. This act was finally enforced in
1995 by Hon. Mr. Justice R.N. Mishra mainly and came into use. The National Legal Services
Authority was constituted in 1995 and Hon. Dr. Justice A.S. Anand, Judge, Supreme Court of
India took over as the Executive Chairman. A nationwide network was set up and the apex body
being the National Legal Services Authority. The need for Legal aid is important because People
are still not aware of their basic rights due to which the legal aid movement has not achieved its
goal yet. It is the absence of legal awareness which leads to exploitation and deprivation of rights
and benefits of the poor. The poor people, who are not that fit socially and economically do not
know about their legal rights and the legal procedures to solve disputes. As article 21 of
Constitution of India provides every person has an equal right and liberty except according to the
procedure established by law. It was given under Article 39A of Consitution of India, the 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 disabilities. In the case of Hussaina Khatoon V. State of Bihar, in
this case it was held that, if any accused is not able to afford legal services then he has a right to
free legal aid at the cost of the state. Which means legal aid is not only available for citizens its
available even for the accused who cannot afford his defence lawyer fees he can plead in the
court so court will arrange a lawyer for him at the cost of the state (under section 304 of CrPC)
so that he can also argue his case because its always said An accused is innocent until proven
guilty.