Free Legal Aid And Its Application To The Poor Litigants

Azal Ali Rizvi, Assistant Professor of Law, Vels University

ABSTRACT

Protecting the weak from the strong is the modern interpretation of maintaining social order and, consequently, an essential function of the state. However, the current system of administration of justice is not favourable to the oppressed and vulnerable masses of the community. Various defects, in particular delays and costs. People are not only excluded from the justice system because of its cost, but also because of the nature and conditions of the legal and judicial process. The legal process has become cumbersome.

The Indian Constitution has Article 39-A which guarantees that the State shall ensure that the operation of the legal system promotes justice on the basis of equality of opportunity and in particular shall provide free legal aid appropriate legislation as prescribed by the Constitution of India ensures that justice is not denied to any citizen, even if he or she is disabled or economically backward.

What is really important is that the legal aid system is not overlooked and is capable of representing people in need in times of need.

Legal aid is meant to provide an arrangement in society which is easily accessible to the missionary of justice and is not beyond the reach of those who have recourse to that arrangement to assert their rights, given to them by law. For many litigants with special needs, e.g., detainees, children, women, complainants under the SC/ST Act, workers, automatic legal aid is available to file or defend a case, regardless of the person's economic situation.

Keywords: Legal Aid, Litigants, Judiciary