"An effective legal assistance programme is not only essential to the maintenance of the democratic way of life and the rule of law but is also in a poor country like ours, a socio-economic necessity".
- The Bhagwati Committee Report, 1971
The constitution of India postulates a society in which social, economic and legal justice is available to all on the basis that they are equal. To enforce the constitutional mandate of equality before the laws, the State has to ensure access to justice, that is to say, that oppornuties for securing justice are not denial to any citizen by reason of economic or other disability. According to new concept, when a poor litigant is compelled to contest the case against a rich person, he should not only be given financial legal aid but the poor downtrodden person should also be furnished aid with advice and assistance in settlement of disputes by negotiation, concilliation, compromise, arbitration or any other means. This could be possible only when we change our outlook and re-orient our thinking process and then the theme of social justice be able to change the fate of the poor litigants. In a Seminar ‘Judicial values and ethics’, held at Bangalore in May, 2004, Justice Shivraj V. Patil, Supreme Courtof India has said in this regard -
The constitution of India postulates a society in which social, economic and legal justice is available to all on the basis that they are equal. To enforce the constitutional mandate of equality before the laws, the State has to ensure access to justice, that is to say, that oppornuties for securing justice are not denial to any citizen by reason of economic or other disability. According to new concept, when a poor litigant is compelled to contest the case against a rich person, he should not only be given financial legal aid but the poor downtrodden person should also be furnished aid with advice and assistance in settlement of disputes by negotiation, concilliation, compromise, arbitration or any other means. This could be possible only when we change our outlook and re-orient our thinking process and then the theme of social justice be able to change the fate of the poor litigants. In a Seminar ‘Judicial values and ethics’, held at Bangalore in May, 2004, Justice Shivraj V. Patil, Supreme Courtof India has said in this regard -
“Rural litigants cannot afford to approach the High Court or Supreme Court for justice. It will be a great help to them if their cases are settled at the lower level itself. Lawyers and Judges in these Courts should ensure that the poor get justice at the initial stage”.
The Constitution of India furnishes equality before law and equal protection of laws, irrespective of any caste, race, religion, wealth or status.In India, various legal provisions relating to free legal aid are available for the help of poor litigants.
(A) CONSTITUTIONAL: Preamble of the Constitution of India aims at giving justice social, economical and political to every citizen of India. If the fundamental rights, sanctioned wider Articles 14, 19 and 21, provided in favour of the citizens of India are violated, the constitutional remedies are meaningless until and unless the poor litigant is not provided with proper help. 42nd Amendment of the Constitution of India inserted Article 39-A, providing for social justice and free legal aid for the poor litigants. In the same way, Article 51-A was inserted, which enshrines a sacred fundamental duty in the sphere of aid and advice to the poor and downtrodden litigants.
(B) OTHER LAWS:
1. There are provisions in the Advocate Act, 1966 , which are helpful for encouraging free legal aid to poor litigants.
2. In the prosecutions under section 302 I.P.C., the poor accused persons are allowed free defence counsels.
3. In Motor Vehicle Act accident claim petition, a poor litigant is entitled to get free legal aid.
4. In the Consumer Protection Act complaint, no Court fee is levied.
5. Order 33 of Civil Procedure Code allows to file the suits by indigent persons without paying any prescribed Court fee.
6. Similar provisions are there for the appeals by indigent/ poor litigants.
7. Order 33 Rule 18 of Civil procedure Code provides that the subject of the provisions of this Order, the Central Government or State Government was empowered to make supplementary provisions providing free legal services to indigent persons.
8. Various States have passed their Legal Aid Rules in this regard for providing the free legal aid, advice and support to poor/ indigent litigants.
9. Some Universities have also shown their interests to implement legal aid scheme.
Great Hope that the State Government, Universities, District Collector,Bar Associations, Social Workers, Political Parties, N.G.O.s and Rich Persons should come forward to help the needy downtrodden litigants in the Courts.
These awareness may make happy to the poor and downtrodden litigants and thus the goal of socio-economic justice may be achieved.
(A) CONSTITUTIONAL: Preamble of the Constitution of India aims at giving justice social, economical and political to every citizen of India. If the fundamental rights, sanctioned wider Articles 14, 19 and 21, provided in favour of the citizens of India are violated, the constitutional remedies are meaningless until and unless the poor litigant is not provided with proper help. 42nd Amendment of the Constitution of India inserted Article 39-A, providing for social justice and free legal aid for the poor litigants. In the same way, Article 51-A was inserted, which enshrines a sacred fundamental duty in the sphere of aid and advice to the poor and downtrodden litigants.
(B) OTHER LAWS:
1. There are provisions in the Advocate Act, 1966 , which are helpful for encouraging free legal aid to poor litigants.
2. In the prosecutions under section 302 I.P.C., the poor accused persons are allowed free defence counsels.
3. In Motor Vehicle Act accident claim petition, a poor litigant is entitled to get free legal aid.
4. In the Consumer Protection Act complaint, no Court fee is levied.
5. Order 33 of Civil Procedure Code allows to file the suits by indigent persons without paying any prescribed Court fee.
6. Similar provisions are there for the appeals by indigent/ poor litigants.
7. Order 33 Rule 18 of Civil procedure Code provides that the subject of the provisions of this Order, the Central Government or State Government was empowered to make supplementary provisions providing free legal services to indigent persons.
8. Various States have passed their Legal Aid Rules in this regard for providing the free legal aid, advice and support to poor/ indigent litigants.
9. Some Universities have also shown their interests to implement legal aid scheme.
Great Hope that the State Government, Universities, District Collector,Bar Associations, Social Workers, Political Parties, N.G.O.s and Rich Persons should come forward to help the needy downtrodden litigants in the Courts.
These awareness may make happy to the poor and downtrodden litigants and thus the goal of socio-economic justice may be achieved.
Poat by;-
Legal freedom”a firm for legal solution”
New delhi.
(legal-freedom.blogspot.com)
mail-legalfreedom1950@gmail.com
-ABHISHEK ANAND,
-SANTOSH SINGH,
-SHABIYA KHATUN,
-SAURABH TIWARI
-RAJENDRA CHAURASHIA
No comments:
Post a Comment