The Concept of Free Legal Aid

The Concept of Free Legal Aid In this connection, the concept of Free Legal Aid is existent in India. Article 39A has been instituted under Part-04 of the Constitution of India by the 42nd Constitution amendment 1976 which was effected from 03 January, 1977 as one of duties of the State namely the security shall be furnished by the State in respect of the operation of the Legal system for the promotion of justice on the ground of equal opportunity and specifically the state shall provide free legal aid by making suitable Laws or schemes or in any other manner for ensuring the opportunities to secure the justice to any citizens. Any of the citizens shall not be denied for justice on the basis or by the reason of the economic or other disabilities. This article 39A is not enforceable by any Court but the same is the fundamental in the governance of India. In the case of M.M. Hoskat v. State of Maharashtra the Free Legal Aid has been declared as one of the fundamental rights under article 21 of the Constitution which is enforceable by the article 32 or 226 of the Constitution. In this view the Legal Services Authorities Act 1987 has enacted by the Parliament of India which was enforced on 09 November, 1995, except its Chapter 03 on whole India, excluding the State of Jammu & Kashmir, the chapter 03 sections 06 to 11B of this act is related to the State Legal Services Authorities therefore its date of enforcement varies State to State of India. This act contains 30 sections & 07 chapters with the intension of the Legislature & objectives of this act as- for the constitution of the Legal Services Authorities to provide the free & competent legal services to the weaker sections of people in the society for ensuring the opportunities to secure the justice for all. Any person shall not be denied for justice on the basis of the disabilities as above; to organize the Lok Adalats for securing the operation of the Legal system & promoting the justice on the ground of the equal opportunity. The Criteria for Giving the Legal Services:- has been placed under section 12 as a member of schedule caste & schedule tribe, a victim of trafficking in human being or beggar as per article 23 , a woman or child, a person with disability, a person under the circumstances of undeserved want as being a victim of a mass disaster, ethical violence, caste atrocity, flood, draught, earthquake or industrial disaster or an industrial workman, in custody with the inclusion of custody in a protective home as immoral traffic, juvenile home, psychiatric, hospital, or psychiatric nursing home or in receipt of income. The entitlement of the legal services shall be subjected to the income. In the light of all aforesaid it can be said that no person shall be denied or deprived from the justice by the reason of the economic or other disabilities which is provided by the Enforcement system respective, applying the procedure of the implementation. Therefore the human rights, its Enforcement system & justice are available & accessible for all beyond all kinds of biases, distinctions or discriminations in India. Hence the deepest relationship is found among free legal aid, human rights & its Enforcement system in the interest and welfare of all but the implementation of the free Legal aid & paralegal services are the worst in India under exceptions, requirements time, circumstances and other connected things but still it is rightly said that something is better than nothing so the conditions of the legal aid, paralegal services and its connected other things are as equal to nothing in India in according to the necessities, requirements, time, circumstances & other things of people, subjecting to exceptions.