Since independence, the percentage of people in India who can afford a good lifestyle has been increasing steadily, while the percentage of people under the poverty line has decreased considerably. The change can undeniably be linked as a direct or indirect consequence of the policies of the government for upliftment of the poor people. Yet many people still have not been able to reap the benefits of these policies and provision and the associated economic growth. This has resulted in the widening of the gap between the rich and poor.
As such, the poorer section of the society feels ostracized and face various social injustices. Compounding their problems, it s seen that they don’t have anyone to represent them before the court to face judicial proceedings and thus, are deprived of justice. Although all problems cannot be solved to the core, nonetheless our constitution as well as legislation provides a solution for the poorer and needy section of the society, who do not have the means to avail legal services, by providing them with free legal assistance. This free legal assistance is called legal aid.
Legal aid means a system of providing free advice about law and practical help with legal matter for people who are too poor to pay for it. The apex court has categorically state in its various decision that legal aid is not a charity but it is a duty of a welfare state.
“Legal services includes rendering of any services in the conduct of any other proceeding before any court or other authority or tribunal and the giving of any advice of any legal matter”.
On further scrutinizing it, we will find three basic things in it:
- Legal services are provided in conducting legal proceeding
- Legal proceedings may be before courts or tribunal or any other authority
- Legal services includes legal advise also
Legal aid is an instrument by which poor can get justice and can enforce there rights. Before passing of the legal serviced authority act, legal aid as provide by the state under administration rules, which were different states. The Bar Council of India also framed legal aid rules in the year 1983 Rule 2(G) says that legal aid means legal representation by a member of legal profession. which includes all other relevant services. The definition was restrictive in manner as it included representation by lawyer only.
There were many other service, which are provided under many legal service scheme. Many state legal service authority has established many grievance cell and are trying to solve many social, economic and political problem as well.
The scope of free generous legal aid is broader than the legal assistance to poor or indigenous people. Legal aid conveys the meaning of equality and assistance provided by the society and government to is financially and other weaker and deprived section of the society to carry out the judicial process that is administration of justice in the following respect:
- To ensure justice at cheap cost for free of cost
- To provide justice at door step
- To provide legal awareness
- To provide legal education
- To provide para-legal aid
- To provide social and economic justice
- To provide civil justice system
- To provide criminal justice
- To protect legal rights
- To protect constitutional rights.
- To protect human rights
- To provide distributive justice.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at email@example.com
We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.