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  • Category: Miscellaneous

    Legal aid is the right of the poor people

    Legal Services are important for seeking Justice. It is the right of everyone to get justice, nobody can deny it or delay it to a person fighting for justice. As Magna Carta states, 'To no man shall we deny Justice. To no man shall we delay it.' Legal aid is the right of everyone - rich and poor alike.
    As November 9 is celebrated as the legal services day to help people living in the far-flung area to resolve their disputes through legal services and intensify the need to solve issues through lol Adalat.
    Legal Services should be provided to the poor and needy people as well to help them come out of the disputes. Nobody can deny it to them. Just as others are taking legal services, poor should also get it free of cost. There should be a mechanism that would help these people get their cases resolves without any charge.
  • #714634

    Many of us would not be knowing about the Legal Services Authorities Act that was introduced across India in 1995 to provide free legal aid for socially and economically weak people in the society. It is aimed to ensure justice to every citizen of India for all on the basis of equal opportunity by providing free lawyers who volunteer their time and work for the betterment of the people. One can approach the common service centres (CSCs) which are set up across the country by the State Legal Services Authorities (SLSA) at the District and Taluka to provide lawyers to people under 'pro bono service'. Lawyers can come forward and volunteer for at least two years provided they have at least three years of experience and a nominal emolument is paid to them from the national authority's Legal Aid Fund. When we talk about legal aid or right, itis the right of every citizen of the country to gets legal protection against any person, property or conflict which is the basic thing of the people and as stated by Magna Carta "To no man shall we deny Justice. To no man shall we delay it.' Legal aid is the right of everyone - rich and poor alike."

    “The most important thing in life is to learn how to give out love, and to let it come in." — Morrie Schwartz

  • #714653
    Legal aid is to be provided to all. Irrespective of their financial status legal aid should be available to poor also. As mentioned by the author the Magna Carta says that justice can be denied or delayed. But in our country justice is always delayed. Delay is common for all. Poor and rich will also get justice after a lot of delays only. My brother in law purchased land and constructed a house and living in that from the last 12 years. The neighbour filed a complaint saying that there is an encroachment by my brother in law. The case is in court for the last 11 years. Now my brother in law is thinking of selling that property but he couldn't do that because of the pending case. The neighbour also says he is wrong and there is no encroachment. But the case is still alive in the court.
    As mentioned by the author there should be a system in place to see that justice will be delivered to the right persons without losing any time.

    always confident

  • #714702
    Legal aid should be free and that should be given voluntarily even before the poor seek for the same .Most of the cases lodged on poor cannot be fought in the court as the there are no free legal aids available and those who demand are not given the access and thus many poor are facing the trial for no fault of them and this anomaly should be corrected sooner or later.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #714703
    Since everybody is entitled to legal aid, poor people also have the same right which is elaborated by Varghese. In a poor country like India, money really matters and is used to influence various things. Those who have enough money can fight the case for long with the aid of a good legal practitioner but those who cannot consult a good legal practitioner suffers. They are also vulnerable because they are not aware of various laws in place to aid them. If we come across with anyone who is unable to arrange a legal practitioner because of the economic condition, we should make them aware of CSCs and if possible provide the details about how to approach them.

    "Life is easier when you enjoy what you do"

  • #714718
    It is true that all of us should be able to get legal aid in one form or other and it is the right of the citizens to avail legal recourse in matters of dispute. Most of us are availing it but only problem is that the legal course of action is somehow much complicated in our country as it takes so much time that people avoid to go for legal recourse. We have a good legal framework in our country but it is not sufficient to deal the number of cases cropping up day by day. Unfortunately we have revamped many departments and organisations but legal system is working just like decades ago. When we can create so many offices and organisations why we can not start the court in two shifts just like the factories so that one shifts works from 8 AM to 2 PM and then next shift comes for 2 PM to 8 PM. By doing this our efficiency will increase manyfold and so many cases would be resolved much earlier. There is a big need of revamping the legal system. It is still in the bullock cart age.
    Knowledge is power.

  • #714727
    Free legal aid is one of the fundamental rights guaranteed to all the citizens of the country. Article 21 of the Constitution of India states, "No person shall be deprived of his life or personal liberty except according to procedure established by law". Hence ensuring legal aid to everyone is necessary for ensuring substantive equality.

    Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society, to promote justice on the basis of equal opportunity

    According to Section 12 of the Legal Services Authorities Act, the following categories of people are entitled for free legal services —

    -A member of a Scheduled Caste or Scheduled Tribe;
    -A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;
    -A woman or a child;
    -A mentally ill or otherwise disabled person;
    -A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
    -An industrial workman; or
    -In custody, including custody in a protective home within the meaning of clause(g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987);or
    -In receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the state government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the central government, if the case is before the Supreme Court.

  • #714731
    The way our courts are functioning, any civil complaint lodged before the court would take so much time that appellant would be fed up with the present system. Moreover paying fee to the lawyer periodically would prove to be beyond their capacities. Hence they are afraid of approaching of such a legal procedure. If they are aware of the legal aid provided to them involving no cost, it would definitely help them to get the legal aid but unfortunately they are not familiar with systems making their lives miserable with the heavy court expenses, in case they approach courts. Moreover, the government should see that the courts should settle the cases within a reasonable time not taking beyond two years by expediting the hearing. Induction of extra manpower and introduction of two shifts in the court could result speedy hearing of the cases thus providing the poors the substantial relief in respect of law assistance.

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