In a series of directives aimed at enhancing legal aid for prisoners, a bench led by Justice B.R. Gavai stated that information, including addresses and phone numbers of the nearest legal aid offices, should be prominently displayed in public areas like police stations and bus stands.
New Delhi: Today (Oct 23): The Supreme Court emphasized the importance of awareness for the effective functioning of the legal aid system, urging the establishment of a robust framework to ensure that the beneficial schemes offered by legal services authorities reach everyone.
In a series of directives aimed at enhancing legal aid for prisoners, a bench led by Justice B.R. Gavai stated that information, including addresses and phone numbers of the nearest legal aid offices, should be prominently displayed in public areas like police stations and bus stands.
The court directed the National Legal Services Authority (NALSA), in collaboration with state and district legal services authorities, to ensure that standard operating procedures for providing legal aid to inmates in jails are implemented efficiently.
“We have stressed that awareness is crucial for the success of the legal aid mechanism,”
the bench noted.
“A comprehensive system must be established and regularly updated to ensure that various beneficial schemes promoted by the legal services authority reach all corners of the nation, especially to those whose grievances these schemes aim to address.”
The Supreme Court also called for the creation of adequate literature in local languages and the implementation of effective promotional strategies to help those in need of justice take advantage of these schemes. It recommended that promotional campaigns be conducted in local languages through radio and Doordarshan.
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Article 38(1) states that the state shall promote the welfare of the people by securing and protecting the social order, including justice, and Article 39-A states that the state shall, in particular, provide free legal aid, through appropriate legislation or schemes, to ensure that no citizen’s opportunities for securing justice are denied.
Additionally, the bench stated that the Centre and state governments should continue to support the legal services authorities to ensure effective implementation of these measures.
The court instructed its registry to send a copy of its judgment to all high courts, suggesting that they consider issuing practice directions requiring all courts, including high courts, to attach a cover sheet with judgments of conviction, dismissal, reversal of acquittal, or bail applications, informing convicts about the availability of free legal aid for pursuing higher remedies.
During the hearings in July, NALSA reported that around 870 convicts in jails across 18 states and Union territories expressed interest in filing appeals against their convictions after learning about the free legal aid available. The apex court was addressing a plea concerning overcrowding in jails.
Legal aid in India
When the Legal Services Authorities Act went into force in 1995, it made free legal services available throughout India to people who are socially and economically poor. One of the key components of the legislation, which seeks to provide equal access to justice for all, mandates pro bono attorneys and advocates to give their services free of charge to those who cannot afford it. In practise, however, it is extremely difficult, preventing it from reaching its full potential and denying the poor access to high-quality justice.
In order to maintain the rule of law in a democratic society, everyone, especially the poor, marginalised, and disadvantaged, must have access to justice. The state shall guarantee that all people are treated equally before the law and have access to a judicial system that maintains justice based on fairness, according to Article 14 of the Indian Constitution. In 1976, the Indian Parliament incorporated Article 39A of the Constitution, which established free legal assistance as a basic principle.
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