We can end the existing denial of justice to the poor if we can secure an administration of justice which shall be accessible to every person no matter how humble. Reginald Heber Smith
Social justice is the primary objective of the Indian constitution. Where the vast majority of population is socially and economically backward but the national goal is social and economic justice, the rule of law, notwithstanding its mien of majestic equality, will fail its mission in the absence of a scheme to bring the system of justice nearer to the downtrodden. Therefore, it becomes legal obligation to make legal process a surer means to social justice. The main strategy to end the estrangement between the law and the lowly is legal aid in its comprehensive coverage. Traditionally, ‘Legal Aid’ has been taken to mean the organized effort of the bar council, the community and the government to provide the services of lawyers free, or for a token charge, to persons who cannot afford the usual exorbitant fees. Inability to consult or to be represented by a lawyer may amount to the same thing as being deprived of the security of law. Thus, Legal Aid implies giving free legal services to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority. It is a movement that envisages that the poor have easy access to courts and other government agencies. It implies that the decisions rendered are fair and just taking account of the rights and disabilities of parties. The focus of legal aid is on distributive justice, effective implementation of welfare benefits and elimination of social structural discrimination against the poor.
Background: The Development Of The Legal Aid In India
The movement for legal aid in India initially grew out of judicial and scholarly concern about the need to provide free legal defense to those charged with criminal offenses. British judges noticed the need for such assistance, and some isolated voluntary organizations set up funds to finance the legal fees of a few criminally charged indigents.
この記事は LawZ Magazine の November 2017 版に掲載されています。
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この記事は LawZ Magazine の November 2017 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
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