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Legal Aid As A Fundamental Right: Empowering Marginalized Communities In India




Aadya Khanna, University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University


The concept of seeking justice cannot be equated with the value of dollars. Money plays no role in seeking justice.

- Justice Blackmun in Jackson v Bish


Introduction


Legal Aid to the poor and weak is an essential aspect of the society and serves as a fundamental aspect for providing for an independent and impartial judiciary. In a country like India, where the socio-economic disparity remains a stark reality, legal aid serves as a valuable tool in ensuring that justice is not just a luxury but a fundamental right, available to all. Marginalized communities, however, often find themselves without the means to fight legal battles. Legal aid aims at bridging this gap and empowering these communities while upholding the constitutional principles of equality and justice.

Legal aid refers to the provision of free or subsidized legal assistance to individuals who are unable to afford legal representation or access the justice system on their own.1It includes a variety of services meant to guarantee that everyone has equal access to justice and legal remedies, irrespective of their financial situation.


Legal Framework


There are various provisions in the Indian constitution which embody this spirit of social justice. Article 39A guarantees the right to free legal aid for the voiceless, marginalized and vulnerable sections of the society and ensures that everyone has equal access to justice. After the enactment of the Legal Services Authority Act, the concept of legal aid was further strengthened and institutionalized through bodies like the National Legal Services Authority and the State Legal Services Authorities.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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