Free Legal Aid and Justice

Topics: Lawyer, Law, Common law Pages: 13 (3351 words) Published: February 10, 2013
Providing assistance to people to access the justice system is one of the key functions of every welfare state. It is very essential to the State to provide legal assistance to the people who are otherwise unable to access the court and law. The very basic reason behind the incorporation and establishing of this idea is that no one would have been denied justice due to his poverty or economical backwardness. India attained the independence and became a republic by adopting a separate written constitution in which all and every functions and liabilities of the State is clearly established. As stated in the Constitution it’s the duty of the State to provide legal assistance to the poor and needy people who are helpless before the law. The Free Legal aid is thus inevitable to ensure the ‘Equality before the law’, ‘right to counsel’ and ‘right to a fair trial’. The government ready to provide the legal aid to all who are eligible. But providing the Legal Aid cannot be done and is not possible without any demand or seeking from the people. So to attain free legal aid, it is essential for the people to be aware of the existence of the same. The government has done more things to impart the awareness of free legal aid. But how far all those were reached the public is still a question to be tested. The social, cultural, economic and geographical disparity among the people plays a major and crucial role on the attainment of the thing available in the society. Thus the system of free legal aid is not an exception to this general principle as the people living in metropolitan may have more opportunities to access the free legal aid and to be aware of the same. Taking this into consideration the non doctrinal work has been initiated.

1.To find out the awareness among the public about the free legal-aid in Metropolitan and Non-metropolitan; 2.To find out how far the free legal-aid has reached the public in Metropolitan and Non-metropolitan; 3.To root out the reasons behind the inequality of reaching the free legal-aid; 4.To create awareness among the people about the free legal-aid.

One of the primary functions of the State is to settle disputes by rendering justice without any bias. The economical position of the individual is a major factor to access the judiciary of the State. But the economical or geographical factor would not be a reason for unavailability of the justice. In other words, no one should be denied justice merely on the ground of his economical position. Hence it is the duty of the State to provide assistance to access the legal system not only to render justice but also to maintain the faith of public on the judiciary. This was the reason behind the birth of free legal-aid. Thus the system of free-legal aid is a gift given by the State to its subjects. But on implementing/providing, it must be available to all the citizens equally without any kind of disparities. The success rate of free legal-aid depends upon the awareness among the public and equal opportunities of the same. Metropolitans, as well developed and deep cornered by all, has more number of opportunities and the people living in these circumstances may have little more knowledge and extra sensitive on these types of facilities provided by the State, comparing with those living in Non-Metropolitans. Here the problem is, whether the Metro people are comparatively more aware (of free legal-aid) than the people of Non-Metros? Whether the availability (of free legal-aid) is far higher in the Metros comparing with the Non-Metros? If so, is this a fair one? Then what would be a remedy to cure this? HYPOTHESIS

The system of free legal-aid is reaching the people living in metropolitan cities rather than the people living in non-metropolitan cities. In this socio-legal research, the below stated hypothesis are formulated to test- 1.Free legal-aid and knowledge are associated.

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