2. What is LEGALAID ?
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access
to the court system.
“aid provided by an organization established especially to serve the legal needs of the poor”
Under the Legal Services Authorities Act, 1987 “Legal Service” includes the rendering of any service in
the conduct of any case or other legal proceeding before any court or other authority or tribunal and the
giving of advice on any legal matter;
To provide free and competent legal services to the weaker section of the society was the basic object of
enacting the Act.
Legal aid to the poor and week is necessary for the preservation of rule of law which is necessary for the
existence every person in the society.
Legal aid is regarded as central in providing access to justice by ensuring:
Equality before the law
The right to counsel
The right to a fair trial
3. EQUALITY BEFORE THE LAW
Article 7 of the Universal Declaration of Human Rights (UDHR) states that "All are equal before the law and
are entitled without any discrimination to equal protection of the law."
Equality before the law, also known as equality under the law, equality in the eyes of the law, or legal
equality.
It is the principle under which all people are subject to the same laws of justice.
The law must guarantee that no individual nor group of individuals should be privileged or discriminated
against by the government.
Thus, everyone must be treated equally under the law regardless of race, gender, national,
origin, colour, ethnicity, religion, disability, or other characteristics, without privilege, discrimination or bias.
4. RIGHT TO COUNSEL
One of the fundamental rights in the legal system is the right to counsel.
This right generally provides that anyone who is accused of a crime has the right to receive
legal aid from an attorney.
Right to counsel means a defendant has a right to have the assistance of counsel, and if the
defendant cannot afford a lawyer, requires that the government appoint one or pay the
defendant's legal expenses.
5. RIGHT TO A FAIR TRIAL
Article 10 states that:
“Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any criminal charge against him.”
6. THE LEGAL SEVICE AUTHORITIES ACT, 1987
The Act prescribes the criteria for giving legal services to the eligible
persons. It makes a person eligible for assistance under the act if he is :
A member of Scheduled Caste or Scheduled Tribe;
A victim of trafficking in human beings or beggar as referred to in Article 23of the constitution;
A women or a child;
A mentally ill or otherwise disabled person;
In custody, including custody in a protective home or in a juvenile home
In a psychiatric hospital or psychiatric nursing home
7. It was constituted on 5th December 1995.
It is a statutory body which has been set up for implementing and monitoring legal aid programs in the
country.
Nalsa frames the most effective and economical scheme for legal services.
Also distributes funds and grants to State Legal Service authorities and NGOs.
8.
9. CONCLUSION AND SUGGESTIONS
Legal aid is not a charity or bounty, but is an obligation of the state and right of the
citizens.
The prime object of the state should be “equal justice for all”.
Lack of legal awareness leads to exploitation and deprivation of rights and benefits of
the poor.