Attaining Access to Justice Through Legal Aid Mechanism: Leaving No One Behind in Modern Era

Abstract

India is a republic, democratic, secular, socialist and sovereign nation, having organic, dynamic and living Constitution which significantly assures to all its’s citizens political, economic and social justice, ad equality with respect to opportunity, liberty and status. The Constitution, along with international covenants and Magna Carta, declares in its preamble the principle of equality, justice and liberty. However, it is pertinent to note that a large segment of the nation owing to socio-economic disabilities, illiteracy, poverty, cultural inhibition, cannot exercise their entitlements or safeguard their legal interest by approaching the judicial machinery. They also face every kind of discrimination, oppositions and non-cooperations from all fronts. The access to the judiciary and factually equal right to invoke the rights of such marginalized, poor and helpless communities are, thereby, seriously contravened, leading to absolute denial of justice. To overcome this challenge, the justice system has stepped in to render assistance legally to those disadvantaged people who are restricted and deprived of legal services. For ensuring the principle of justice, it is not merely adequate that law considers both poor and rich equally, but is further essential that weaker class shall be positioned to avail equal protection and opportunity of the laws empowering them to easy access to the justice system. Lord Heward correctly stated that “Justice should not merely be done bit should undoubtedly and manifestly be seen to be done”. Thus, legal assistance is the most ardent socio-economic weapon to dispense and achieve equal justice for everyone and in the absence of the same, the essential principle of rule of law cannot be sustained, ensured and maintained in India. Indian legal system seeks to foster justice through legal aid but still some gaps are existing which requires appropriate solution. Even the concerned High Courts and Apex Court of India has attempted to construe the fundamental rights along with DPSP to provide “access to justice” feasible and easier for vulnerable and marginalized people. But the actual statistics reveal that “access to justice” has become difficult to access. The paucity of legal awareness, complexity in procedure, high court fees and legal charges and pending matters before the Court has paralyzed the nation’s legislative structure. In this research article, the author highlights the concept of “legal aid and access to justice.” The paper further examines the significance of free legal services in attaining the “access to justice principle” in India. The author explores the legal framework related to legal assistance and availing justice in India. The research article also focuses on international standing with respect to promotion of legal aid and justice among disadvantaged groups. It also analyses the judicial trend concerning legal aid as a means to attain justice to all, especially the poor and disadvantaged ones. Moreover, the author discusses several challenges surrounding legal aid and providing the means to avail justice to the parties. Lastly, the article will provide necessary recommendations for dealing the problems related to implementation of legal aid schemes or initiatives.