INTRODUCTION

The Legal Aid and Advice (Amendment) Bill is a proposed legislation that seeks to amend the existing Legal Aid and Advice Act of 1972. The bill first introduced in the Indian Parliament in 2015 and was subsequently re-introduced in 2017.

The bill’s major goal is to increase access to legal aid and counsel for marginalized and vulnerable groups in society, such as women, children, senior citizens, and people with disabilities. It aims to accomplish this through broadening the scope of legal aid services and increasing the number of legal aid providers available.

The bill proposes the creation of a National Legal assistance and Services Authority, which will be in charge of developing policies and guidelines for the provision of legal assistance and advice. It also intends to establish State Legal Services Authorities in each state to oversee the implementation of local legal assistance programs.

Other key provisions of the bill include the establishment of legal aid clinics in every district of the country and the provision of legal aid to individuals at pre-trial, trial, and post-trial stages of legal proceedings. The bill also proposes to make legal aid a fundamental right under the Indian Constitution.

Overall, the Legal Aid and Advice (Amendment) Bill, if passed, has the potential to significantly improve access to justice for marginalized communities in India.

RIGHT TO FREE TRAIL AND FREE LEGAL AID AS A FUNDAMENTAL CONCOMITANT

The right to a fair trial and free legal aid are two important fundamental concomitants of the right to access justice.

The right to a fair trial is a fundamental human right that is protected by various international treaties and national constitutions. This includes the right to a fair and impartial tribunal, the right to a public trial, the right to be heard, the right to legal representation, the right to cross-examine witnesses, and the right to appeal.

The provision of free legal aid is a recognized international human rights law norm that is included in various national constitutions, including the Indian Constitution. Article 39A of the Indian Constitution guarantees free legal help to all people, particularly the poor and underprivileged elements of society.

FREE LEGAL AID IN INDIA

In India, free legal aid is a constitutional right guaranteed by Article 39A of the Indian Constitution. It guarantees equitable access to justice for all citizens, particularly the impoverished and disenfranchised. The Legal Services Authorities Act of 1987 establishes a legal framework for the administration of free legal assistance programs.

Every state in India has a State Legal Services Authority that is responsible for providing legal aid to qualified clients under this statute. Legal help is supplied through legal aid clinics, court-based legal aid cells, and other similar organizations. The goal of free legal aid is to ensure that everyone has access to justice, regardless of their financial situation or background.

LAND MARK GENERATING LEGAL AID MOVEMENT IN INDIA.

The case of Hussainara Khatoon v. State of Bihar (1979) was a watershed moment in India’s legal aid movement. A public interest litigation was launched in this case on behalf of several undertrial convicts who had been imprisoned for several years without being tried. The Supreme Court of India took up the case and ordered the release of all undertrial convicts who have served more than the maximum sentence for the offenses they were charged with..

This case brought to light the issue of India’s delayed speed of justice delivery, as well as the situation of undertrial detainees, many of whom lack the financial capacity to obtain legal representation. It raised awareness about the need for legal aid programs, which resulted in the establishment of the Legal Services Authorities Act of 1987, which offers free legal aid to the impoverished and disenfranchised parts of society. The case of Hussainara Khatoon v. State of Bihar is widely recognized as a watershed moment in India’s legal aid movement, and it is still cited as a precedent in situations involving access to justice and legal aid.

CONCLUSION

The Legal assistance and counsel (Amendment) Bills of 2015 and 2017 were proposed legislations in India aiming at enhancing access to legal assistance and counsel for disadvantaged and vulnerable groups. The proposals proposed establishing a National Legal Aid and Services Authority as well as State Legal Services Authorities to oversee the provision of legal aid services at the national and state levels.

While the laws were not enacted, there is still a pressing need in India for legal assistance reforms to ensure that every citizen has equitable access to justice. Future legislative efforts are planned to build on the suggestions made in the Legal Aid and Advice (Amendment) Bill and work toward a more equal and just society.