Legislating sets the stage, but enforcing determines the play. The constitution of India was amended in 1976 to add Article 39-A under the fourty second amendment. The Article states that 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.

More often than not, the parties involved in criminal or legal matters are those who do not have any adequate knowledge of the law and are not economically strong enough to fight their case. To come as a relief to the problem of vulnerable sections such as Economically Weaker Sections Scheduled Castes and Scheduled Tribes who are neither aware of the law nor are capable of hiring a lawyer for themselves or get any legal advice for that matter, Legal Aid was brought in as a Directive Principle of State Policy.

In a country like India, with an overwhelming population of 1,438,069,596 [1], the indispensability of Legal Aid cant be overstated. Along with the insertion of Article 39 A in the constitution and for the accomplishment of its objectives, The Legal Services Authority Act, 1987 was implemented. The main aim of this act was to cater to the principle of equality as enshrined in the Preamble of India by providing free and fair legal service to everyone who fulfilled the eligibility criteria under Section 12 of the aforementioned Act.

How is Legal Aid Closing the Socio Economic Gap

Article 22 of the Indian Constitution grants the right to get adequate legal representation to everyone irrespective of their income, gender, caste, in conclusion socio economic background of the person is not used as a determinant for adequate legal representation. The phrase that everyone is equal before the eyes of law is stated in Article 14 of the Indian Constitution makes it essential for everyone to have access to free and fair legal aid.

The provision regarding Legal Aid not only empowers the marginalized sections of the society to properly redress their issues but also facilitates the reduction of marginal inequalities and discrimination that the vulnerable groups have to go through. In April 2022, while delivering a lecture in Karnataka, former Chief Justice of India, Uday Umesh Lalit said "Legal aid to the poor does not mean poor legal aid. There has to be better standard, better quality and better level of legal aid." [2]

A notable elements of the provision of legal aid is the availability of legal aid to women irrespective of their financial status or background[3]. She is eligible under Section 12(c) of the Legal Services Authority Act to apply for legal aid. This provision is a praiseworthy attempt towards guarding the women with multiple problems that they have to go through, eventually bridging the social gap. People belonging to disadvantaged groups such as Scheduled Castes and Scheduled Tribes also are covered under the act.

They are socially excluded groups and have to be the face of socio- economic discrimination but the step of including these groups in those who can avail legal aid services is a laudable attempt at alleviating disparities in society. However, the simple legislation of these provisions is not going to mitigate the socio economic divide, there has to be a careful implementation as well as adequate people delivering free legal aid.

Hurdles in Delivering Legal Aid to the Vulnerable Groups and The Way to Overcome It

Creating laws and provisions is only part of the solution, spreading awareness and making people aware about these provisions is equally essential and indisputable. If people aren't aware about the laws that are made for them then they wont be able to take help even when they face legal issues. This lack of awareness comes along with the problem of illiteracy, all of which pose a significant challenge in front of the law makers. In an attempt to curb this, legal aid cells have been established in law schools spread all over India.

As per the data provided by the Ministry of Law and Justice in Parliament, currently, in India, there are 1662 law colleges, out of which legal services cells are established in 1095 colleges.[4] Along with the establishment of legal cells, legal awareness campaigns and workshops and personalized outreach programmes should also take place. The Commonwealth Human Rights Initiative's (CHRI) report -- Hope Behind Bars -- highlighted that per capita spending on legal aid in India is just Rs 0.75.[5]

With such an inefficient funding it cannot be expected that the benefits of these provisions would reach all the sections of the society. Limited funding would lead to limited measures, use of limited legal technology, limited staff and eventually only a limited number of beneficiaries. Senior Supreme Court Judge, Sharad Bobde expressed his concern over the fact that only 0.5% of Indians are able to get access to legal aid services when 80 % of the population is eligible for it.[6]

Inability to reach the desired vulnerable groups is not only a matter of worry for India but also for a developed nation like America. According to the Legal Services Corporation's 2022 Justice Gap Study, low-income Americans do not get enough - or any - legal help for 92% of their substantial civil legal problems.[7] As a positive step taken towards the problem of insufficient funds, the allocation for Department of Justice has increased from 33.05% in the FY 2022-2023 to 34.16% in the FY 2023-2024 . [8]

Another constraint is making legal aid accessible and inclusive for all. Marginalised sections living in remote areas without the availability of a legal aid cell or without adequate transportation services often find it difficult to take legal aid. They may also experience linguistic barriers and may face discrimination thus it is advisable that the people sitting in these legal aid cells be sensitized on these topics.

To overcome this hurdle, remote legal aid clinics should be established which would provide legal help without even going to the centre, a weekly visit should be taken up by the people giving legal aid to these remote areas which would make legal aid more accessible and easy to get. The confidentiality of these sessions must be mentioned to everyone beforehand as most of the times people hesitate to take legal aid due to their societal image. Sometimes, people may hesitate to take legal aid as they might not want to get indulged in complexities surrounding court.

End Notes:

1. World Health Organization 2024 data.who.int, India. (Accessed on 19 November 2024)
2. Kumar Buraddikatti, 'Legal aid to the poor does not mean poor legal aid: Justice Lalit' The Hindu (Karnataka, 24 October 2021)
3. Legal Services Authority Act, 1987 Section 12 (c)
4. Ministry of Law & Justice Department of Legal Affairs, "Free legal aid by law schools", Unstarred Question No. 3955, Rajya Sabha (April 06, 2023) data: https://legalaffairs.gov.in/sites/default/files/AU3892.pdf (Accessed on 22 November 2024)
5. Sanhati Banerjee, 'Per capita spending on legal aid in India is Rs 0.75' Economic Times (Delhi, 9 September 2018)
6. Vaibhav Ganjapure, 'Only 0.5% gets legal aid in India: Justice Bobde' Times of India (Nagpur, 18 August 2019)
7. Helen Respass, 'Bridging the access to justice gap with legal pro bono' (Thomson Reuters, 19 October 2022) data: https://www.thomsonreuters.com/en-us/posts/our-purpose/bridging-the-access-to-justice-gap-with-legal-pro-bono/ (Accessed on 20 November 2024)
8. Ministry of Law and Justice, Legal Aid to Poor and Marginalised Sections, Para 3