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Providing Free Legal Aid
Providing Free Legal Aid
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Free legal aid

  1. 1. Presentation By: Sanjeev Saurav
  2. 2. INTRODUCTION.  Justice is the concept of morality based on the ethics, rationality, law, natural law, fairness, religion and equality. Justice is the result of the fair and proper administration of law. Upholding justice means to uphold the justice of a cause.  Equal access to justice is a right that is based on human right obligation. By accesses to justice means that people are capable of claiming their right to protect their livelihood, income, assets and seek a remedy against exploitation. Access to justice has the biggest hindrance on the poor people in the developing country. Legal Aid means granting free legal service to the people who are economically below poverty line who cannot afford the services of a lawyer for their justice. According to Article 39A of the Constitution of India.
  3. 3. Legal aid MEANING OF UPHOLDING JUSTICE  Justice is the concept of morality based on the ethics, rationality, law, natural law, fairness. Upholding justice means to maintain justice in the society. Access to justice has the biggest hindrance on the poor people in the developing countries. WHAT IS LEGAL AID ?  Legal Aid means granting free legal service to the people who are economically below poverty line who cannot afford the services of a lawyer for their justice. According to Article 39A of the Constitution of India, The State shall secure that the operation of the legal system promotes justice, on the basis of equal opportunity.
  4. 4. HISTORICAL BACKGROUND  It involves the following Era:  a) Vedic Era  b) Islamic Era c) Vikramaditya Era d) British Era e) Post-independence Era f) Post –Constitution Era  g) Reports of several committees on legal aid  h) 42nd Amendment of the Indian Constitution, 1976 and  i) Criminal Procedure Amendment Act, 2005
  5. 5. Who is entitled to free legal aid? a member of the scheduled castes or tribes; poor( with an annual income of not more than Rs. 50,000 for cases in the Supreme Court and Rs. 25000 in other courts); a victim of trafficking in human beings or beggar; mentally disabled person; woman or child; a victim of mass disaster, caste atrocity, flood, drought, ethnic violence, industrial disaster, earthquake and other cases of undeserved want; an industrial workman; protective custody; charge which may convert in to imprisonment ;-( Khatri II vs. State of Bihar, (1981) 1SCC); and unable to hire a lawyer for their services due to poverty, destitution and incommunicative situation
  6. 6. Cases for which legal aid is not available  Cases in respect of malicious prosecution, defamation contempt of court, perjury etc. Proceedings relating to election  Cases where the fine imposed is not more than Rs.50/-  Offences against social laws & economic offences. Cases where the person seeking legal aid is not directly concerned with the proceedings and whose interests will not be affected, if not represented properly.
  7. 7. The legal services Authority Act, 1987  This Act was welcomed by the Supreme Court which has encouraged other authorities to follow this model and set up adalat on same lines. This Act grants a person to provide legal aid if he has to defend or file a suit and belongs to the category of Scheduled Caste or Scheduled Tribe, or if he/ she is a victim of human trafficking or a natural disaster or beggar, or if it is a woman or child, or a person suffering from any disability including mental disability or if it is a case related to public importance.
  8. 8. Lok Adalats  Lok Adalats are judicial bodies that set up for the purpose of facilitating peaceful resolution of disputes between the litigating parties. They have the powers of an ordinary civil court, like summoning, examining evidence etc. Lok Adalat can solve all matters like  Summoning, examining evidence etc The Indian constitution and different legal committees: The Taluka Legal aid Committee.- The District Legal aid Committee. - The State Legal Aid Committee. –
  9. 9. Free Legal Aid in India : The positive Contribution of Judiciary Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 98. Khatri v. State of Bihar, AIR 1981 SC 262 Suk Das v. Union Territory of Arunachal Pradesh State of Haryana v. Darshana Devi
  10. 10. ARTICLE 39A READ ALONG WITH ARTICLE 14 AND ARTICLE 21  According to Article 39A of the Constitution of India, The State shall secure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid.  Section 304 of Criminal Procedure Code deals with right to legal aid. According to section 304 of CrPC,” It is the duty of the court to provide a lawyer for the accused who does not have a sufficient means to hire it.  Article 14 provides equality before law and equal protection of law. Article 21 of the Constitution says that, “No person shall be deprived of his life or personal liberty except according to procedure established by law Art 14, THE CONSTITUTION OF INDIA, 1950.
  11. 11. Indira Gandhi v. Raj Narain AIR 1977 SC 69  It has been observed that since upholding the rule of law is of utmost importance as it is a part of the basic structure, so no one should be condemned unheard and trial without legal representation would be vitiated.
  12. 12. ISSUES RELATING TO LEGAL AID  The right of legal aid comes with reasonable regulation and restrictions. In State NCT of Delhi v. Navjot Sandhu, it was held that when on a non-evidential basis a party to the dispute keeps insisting that the amicus curiae hasn’t performed his role properly, the court should not merely disband the counsel and look for another one that pleases the party without adequately investigating into the performance of the counsel against whom the complaint has been made and the court must also keep in mind that an unfavourable verdict at the trial may cause the party to make a claim about his counsel but this should not entertained without proper judicial scrutiny. (2005) 11 SCC 600
  13. 13. TELE - LAW SCHEME (NALSA) launched Tele -Law scheme in Bihar. This Scheme aims to provide Legal aid services to the criticized communities and citizens living in rural areas through digital technology. It is continuation to access to justice Project to criticized persons enacted by United Nations Development Programme.
  14. 14. CHRI The Commonwealth Human Rights Initiative (CHRI) is an international and independent non- profit organization. Its headquarter is in India. The objectives of CHRI are:- It promotes the practical knowledge of human rights in the Commonwealth  It educates the people about human rights issues It advocates for greater attachment to human rights standards.
  15. 15. Suggestions to implement legal aid in Indian society  NGO’s and some organizations for spreading legal awareness they make a skit group and with the help of that group they aware the people about their rights. The lower level of Indian society is not aware about their rights so we need to aware them by the help of advertisement. Our government should make such scheme which smoothen the justice procedure. We should promote basic legal awareness in primary school.
  16. 16. CONCLUSION  Justice is the concept of morality based on ethics, rationality, law, natural law, fairness, religion and equality. Justice is the result of the fair and proper administration of law. Upholding justice means to maintain justice in society. Legal Aid means granting free legal service to the people who are economically below poverty line who cannot afford the services of a lawyer for their justice. We can analyze the legal aid Philosophy even in ancient India. The Legal Services Authority Act, 1987 provides for setting up of Lok Adalat that serves as an alternate dispute resolution system. Even legal institutions have taken up the liability for spreading legal awareness in all around the Indian society. Creating bodies, finding out the ones in need and helping them by providing them legal aid service, funds and guiding them about their rights are the important tasks of these legal aid cells in legal institutions
  17. 17. THANK-YOU FOR LISTENING US

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