CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

PROJECT OF ADR (ALTERNATIVE DISPUTE RESOLUTION)

ON
LEGAL AID IN INDIA

SUBMITTED TO-

HRISHIKESH MANU

(Faculty In charge)

SUBMITTED BY-

PRIYA JHA

ROLL NO.-1419

SEMESTER-6TH (BBA.LLB)

1
 Acknowledgement
Apart from the efforts of the researcher, the success of my project depends largely on the
guidelines of my teachers. I take this opportunity to express my gratitude to the people who have
been instrumental in the successful completion of this project.

First of all I would like to thank my subject teacher Mr. Hrishikesh Manu. I feel motivated &
encouraged every time I attend his lectures. Without his encouragement & guidance this project
would not have completed.

I am thankful to my librarians who provided me the books & material required for the
completion of this project. I would also like to thank my friends who help me in finding the
required books.

Finally, I am thankful to all those individual & institution that directly & indirectly provided me
the guidelines and material which help me to complete this project.

Priya Jha

2
 TABLE OF CONTENTS
CHAPTER-1
INTRODUCTION………………………………………………………………………………

 HISTORICAL BACKGROUND OF LEGAL AID SERVICES

CHAPTER-2

LEGAL AID MEANING ………………………………………………………………………

 LEGAL AID UNDER CONSTITUTION (ARTICLE 39A)

 RIGHT TO FREE LEGAL AID UNDER LEGAL SERVICES AUTHORITY ACT
 RIGHT TO FREE LEGAL AID UNDER CPC AND CRPC

CHAPTER-3

RIGHT TO FREE LEGAL AID…………………………………………………………………..

 ENTITLEMENT FOR LEGAL SERVICES : Sec. 13

 WHOM TO APPROACH

CHAPTER-4

 THE POSITIVE CONTRIBUTION OF LEGAL AID IN INDIAN JUDICIARY

 LIST OF IMPORTANT CASES

CHAPTER-5

CONCLUSION

BIBLIOGRAPHY

3
TABLE OF CASES

 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, AIR 1986 SC 991. 2013]

 State of Haryana v. Darshana Devi, AIR 1972 SC 855. 238

 M.H. Hoskot v. State of Maharashtra , (1978) 3 SCC 81.

4
AIMS AND OBJECTIVE

 TO UNDERSTAND THE CONCEPT OF LEGAL AID

 TO KNOW THE NEED OF LEGAL AID

 TO UNDERSTAND HOW LEGAL AID IS HELPFUL

RESEARCH METHODOLOGY

Here doctrinal method has been used for the research. Related books from library, government
sources, websites and survey are done. Also bluebook 19th edition method has been used for
citation.

HYPOTHESIS

Legal aid is very helpful for the poor and the downtrodden sections of our society for securing
social justice.

5
 Chapter-1 (INTRODUCTION)
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. The earliest Legal Aid movement appears to be of the year 1851 when some enactment
was introduced in France for providing legal assistance to the indigent. In Britain, the history of
the organised efforts on the part of the State to provide legal services to the poor and needy dates
back to 1944, when Lord Chancellor, Viscount Simon appointed Rushcliffe Committee to
enquire about the facilities existing in England and Wales for giving legal advice to the poor.

One need not be a litigant to seek aid by means of legal aid. Legal aid is available to anybody on
the road. Justice Blackmun in Jackson v. Bishop says that; "The concept of seeking justice
cannot be equated with the value of dollars. Money plays no role in seeking justice."

Since 1952, the Govt. of India also started addressing to the question of legal aid for the poor in
various conferences of Law Ministers and Law Commissions. “In 1960, some guidelines were
drawn by the Govt. for legal aid schemes. In different states legal aid schemes were floated
through Legal Aid Boards, Societies and Law Departments. In 1980, a Committee at the national
level was constituted to oversee and supervise legal aid programmes throughout the country
under the Chairmanship of Hon. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of
India. This Committee came to be known as CILAS (Committee for Implementing Legal Aid
Schemes) and started monitoring legal aid activities throughout the country.”1

1
J U S TIC E T. MATHIVANAN, J ud g e , Madr a s High Court, legal services, legal aid, ( 21/4/16), 1:18pm,
http://www.hcmadras.tn.nic.in/legalaid-issues.pdf

6
The introduction of Lok Adalats added a new chapter to the justice dispensation system of this
country and succeeded in providing a supplementary forum to the litigants for conciliatory
settlement of their disputes. In 1987 Legal Services Authorities Act was enacted to give a
statutory base to legal aid programmes throughout the country on a uniform pattern.

“In a report on Free Legal Aid in 1971. Justice Bhagwati observed " even while retaining the
adversary system, some changes may be effected whereby the judge is given greater
participatory role in the trail so as to place poor, as far as possible, on a footing of equality with
the rich in the administration of justice.”2A similar report of the Committee on Legal Aid titled
"processionals justice to poor" presided over by Krishna Iyer in 1973, dealt with the nexus
between law and poverty, and spoke of PIL in this context. It emphasized the need for active and
widespread legal aid system that enabled law to reach the people. The two judges joined forces
as a two member committee on juridicare, released its final report in August 1977. The report
while emphasizing the need for a new philosophy of legal service programme cautioned that it
‘must be framed in the light of socio-economic conditions prevailing in the Country’.

It further noted that ‘the traditional legal service programme which is essentially Court or
litigation oriented, cannot meet the specific needs and the peculiar problems of the poor in our
country’. Justice Krishna Iyer was appointed as the Chairman of Committee for Legal Aid. The
Committee was formulated as on the 22nd day of October 1972. The Committee after conducting
sample surveys of large part of the country submitted a 275 page report to the Government on
the 27th day of May, 1973. This report came to mark the cornerstone of Legal Aid development
in India. The report clearly laid down that it is a democratic obligation of the State towards its
subject to ensure that the legal system becomes an effective tool in helping secure the ends of
social justice. He coined the word "Juridicare" to cover a scheme of legal aid which brought
justice to the doorstep of the lowly and which was comprehensive in its coverage.
“The report clearly suggests the colonial hangover of the Indian legal system which has

2
Prof. Dr. Ranbir Singh, Introduction to legal aid, saarc law,(21/4/16), 1:10pm,
http://saarclaw.org/publicationFile/1023_Prof.%20_Dr._%20Ranbir%20Singh%20-
%20Access%20to%20Justice%20and%20Legal%20Aid%20Services%20with%20special%20reference%20to%20s
pecific%20Justice.pdf

7
prevented it from realising its true potential and extent. It also recognises the fact that much of
our law was created by the British to suit their convenience and as a result of this it is mostly
insensitive to the socio-economic problems of the masses it set out to govern and regulate.”3

3
Varun Pathak, legal service in india, introduction of legal services, (20/4/16), 3:40pm,
http://www.legalserviceindia.com/articles/laid.html

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Chapter-2 (MEANING OF LEGAL SERVICES)
LEGAL SERVICES - MEANING

• “Free legal aid is provided to ensure that opportunities for justice are not denied to any citizen
by reason of economic or other disabilities.

• Legal services includes rendering of any service in the conduct of any case or other legal
proceedings before any court and giving of advice on any legal matter.”4

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. “Legal Aid is the method adopted to ensure that no one is deprived of professional
advice and help because of lack of funds. Therefore, the main object is to provide equal justice is
to be made available to the poor, down trodden and weaker section of society.”5

Bodies under the Act and Their Hierarchy a nationwide network has been envisaged under the
Act for providing legal aid and assistance. National Legal Services Authority is the apex body
constituted to lay down policies and principles for making legal services available under the
provisions of the Act and to frame most effective and economical schemes for legal services. In
every State a State Legal Services Authority is constituted to give effect to the policies and
directions of the Central Authority (NALSA) and to give legal services to the people and conduct
Lok Adalats in the State. State Legal Services Authority is headed by the Chief Justice of the
State High Court who is its Patron-in-Chief.

4
Anonymous, meaning of legal service, (21/4/16), 1:45pm,
http://ncw.nic.in/MeeraDidiSePoochoEnglish/Chapter11.pdf

5
Dr. G. Mallikarjun, LEGAL AID IN INDIA AND THE JUDICIAL CONTRIBUTION, (21/4/16), 1:56pm,
http://www.commonlii.org/in/journals/NALSARLawRw/2013/13.pdf

9
A serving or retired Judge of the High Court is nominated as its Executive Chairman. 12 Section
2(1) (a) and 13 Section 2(1)(c) of the Legal Service Authority Act,1987. District Legal Services
Authority is constituted in every District to implement Legal Aid Programmes and Schemes in
the District. The District Judge of the District is its ex-officio Chairman. Taluk Legal Services
Committees are also constituted for each of the Taluk or Mandal or for group of Taluk or
Mandals to coordinate the activities of legal services in the Taluk and to organize Lok Adalats.
Every Taluk Legal Services Committee is headed by a senior Civil Judge operating within the
jurisdiction of the Committee who is its ex-officio Chairman. In order to provide free and
competent legal service, the NALSA has framed the National Legal Service Authority (Free and
competent Legal service) Regulations, 2010. The salient feature of Regulation is engaging senior
competent lawyers on payment of regular fees in special cases like where the life and liberty of a
person are in jeopardy. Supreme Court of India has also set up Supreme Court Legal Services
Committee (SCLSC) to ensure free legal aid to poor and under privileged under the Legal
Services Authorities Act. It is headed by a judge of Supreme Court of India and has
distinguished members nominated by Chief justice of India. The SCLSC has a panel of
competent Advocates on record with certain minimum number of years of experience who
handle the cases in the Supreme Court. Apart from that the SCLSC has full time Legal
Consultant who provides legal advise to poor litigants either on personal visit or through the
post.

ARTICLE 39A OF CONSTITUTION

Article 39A of the Constitution of India, provides for equal justice and free legal aid – The State
shall secure that the operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or
in any other way, to ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities. “This Article also emphasises that free legal service is
an inalienable element of 'reasonable, fair and just' procedure for without it a person suffering
from economic or other disabilities would be deprived of the opportunity for securing justice.”6

6 Anonymous, article 39A, legal awareness programme, (21/4/16), 2:20pm,

https://www.facebook.com/LegalAwarenessProgramme/posts/507783275935796

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The right to free legal services is, therefore, clearly an essential ingredient of 'reasonable, fair and
just, procedure for a person accused of an offence and it must be held implicit in the guarantee of
Article 21 of the Constitution. “This is a constitutional right of every accused person who is
unable to engage a lawyer and secure legal services on account of reasons such as poverty,
indigence or incommunicado situation and the State is under a mandate to provide a lawyer to an
accused person if the circumstances of the case and the needs of justice so required, provided of
course the accused person does not object to the provision of such lawyer.”7 On the other hand,
in the civil side, Order XXXIII. R.18 of the Code of Civil Procedure 1908 provided that the state
and central governments may make supplementary provisions at it thinks fit for providing free
legal services to those who have been permitted to sue as an indigent person.

The Legal Services Authorities Act, 1987 made drastic changes in the field of legal services. It
is an Act to constitute legal services authorities to provide free and competent legal services to
the weaker sections of the society to ensure that opportunities for securing justice are not denied
to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure
that the operation of the legal system promotes justice on a basis of equal opportunity.

Section 304 in The Code Of Criminal Procedure, 1973

Legal aid to accused at State expense in certain cases-

(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and
where it appears to the Court that the accused has not sufficient means to engage a pleader, the
Court shall assign a pleader for his defence at the expense of the State.

“The Cr.P.C. provides that in all criminal prosecutions, the accused has a right to have the
assistance of a counsel and the Cr.P.C. also requires the court in all criminal cases, where the
accused is unable to engage counsel, to appoint a counsel for him at the expenses of the State.
Howsoever guilty the appellant upon the inquiry might have been, he is until convicted,

7
Anonymous, note on article 39 A, the silent noise, (22/4/16), 3:15PM,
https://deekshasharma.wordpress.com/tag/article-39a/

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presumed to be innocent. It was the duty of the Court, having these cases in charge, to see that he
is denied no necessary incident of a fair trial. It is equally true that the absence of fair and proper
trial would be violation of fundamental principles of judicial procedure on account of breach of
mandatory provisions of Section 304 of Cr.P.C.”8

Order 33 of the Code of Civil Procedure deals with suits by indigent persons
whereas Order 44 thereof deals with appeals by indigent persons.

Order 33 Rule 1 of the Code of Civil Procedure provides for instituting of suits by indigent
person, stating:
"1. Suits may be instituted by indigent person-- Subject to the following provisions, any suit may
be instituted by an indigent person.

Explanation I.--A person is an indigent person,--

(a) if he is not possessed of sufficient means (other than property exempt from attachment in
execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed
by law for the plaint in such suit, or

(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees
other than the property exempt from attachment in execution of a decree, and the subject-matter
of the suit.

8
Megha Maji, Fair Trial under Section 304 of Criminal Procedure Code, lsi, (23/4/16), 2:50pm,
http://www.legalservicesindia.com/article/article/fair-trial-under-section-304-of-crpc-1759-1.html

12
CHAPTER-3( RIGHT TO FREE LEGAL AID)
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.

The preamble of the legal services authority act,1987 provides for one of its object:

An Act to constitute legal services authorities to provide free and competent legal services to the
weaker sections of the society to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities and to organise Lok Adalats to secure that
the operation of the legal system promotes justice on a basis of equal opportunity.

“In order to comply with this object, legal services authorities and committees are constituted at
national, state, district and taluqa level for effectively implementing the legal aid programmes.”9

Section 2 (1)(c) "Legal Service" includes the rendering of any service in the conduct of any
case or other legal proceeding before any court or other authority or tribunal and the giving of
advice on any legal matter.

Section 12 (Who Is Entitled To Free Legal Aid?)

 Any person, who is: s a member of the scheduled castes or tribes;

 poor (with an annual income of not more than Rs.50000/- for cases in the Supreme Court and
Rs.25000/- in other courts);
 a victim of trafficking in human beings or beggar;
 disabled, including mentally disabled;
 a woman or child;
 a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earth quake,
industrial disaster and other cases of undeserved want;
 an industrial workman;

9 Anonymous,objective of legal services, the legal services authority, (22/4/16), 3:34pm,

http://gujarathighcourt.nic.in/gslsa/docs/campsFinal.pdf

13
 in custody, including protective custody; facing a charge which might result in
imprisonment; (Khatri II Vs. State of Bihar, (1981) 1SCC); and
 unable to engage a lawyer and secure legal services on account of reasons such as poverty,
indigence, and incommunicado situation;
 In addition to the above, legal service may be granted: in cases of great public importance;
special cases considered deserving of legal services.

Entitlement for legal services: Section13.

(1) Persons who satisfy all or any of the criteria legal services specified in section 12 shall be
entitled to receive legal services provided that the concerned Authority is satisfied that such
person has a prima facie case to prosecute or to defend.

(2) An affidavit made by a person as to his income may be regarded as sufficient for making him
eligible to the entitlement of legal services under this Act unless the concerned Authority has
reason to disbelieve such affidavit.

Services offered by the Legal Services Authority:

 Payment of court and other process fee;

 Charges for preparing, drafting and filing of any legal proceedings;
 Charges of a legal practitioner or legal advisor;
 Costs of obtaining decrees, judgments, orders or any other documents in a legal proceeding;
Costs of paper work, including printing, translation etc.

When can Legal services be rejected

If the applicant - has adequate means to access justice; - does not fulfill the eligibility criteria; -
has no merits in his application requiring legal action.

When can the legal services be withdrawn

 The legal services committee can with draw the services if,
 the aid is obtained through misrepresentation or fraud;
 any material change occurs in the circumstances of the aided person;
 there is misconduct, misbehavior or negligence on the part of the aided person;

14
 the aided person does not cooperate with the allotted advocate;
 the aided persons appoints another legal practitioner; l the aided person dies, except in civil cases;
 the proceedings amount to misusing the process of law or of legal service.

Cases for which legal aid is not available

 Cases in respect of defamation, malicious prosecution, contempt of court, perjury etc.

 Proceedings relating to election;
 Cases where the fine imposed is not more than Rs.50/-;
 Economic offences and offences against social laws;
 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.

Recovery of the Aid:” Where legal services are withdrawn, the Committee is empowered to
recover the cost of legal services granted.”10

Whom to approach for free legal aid

The person who needs free legal aid can approach the Legal Services Authority at any level-
national, state, district or taluq. The request can be made to: - the Senior Civil judge nominated
as the chairperson of the Mandal/Taluq Legal Services Authority; - the Secretary, District Legal
Services Authority at the district level; - the Secretary, High Court Legal Services Committee at
the state level; - the Secretary, Supreme Court Legal Services Committee at the higher level; -
the member secretary of the state legal services authority; - the magistrate before whom s/he is
produced; or - the custodial authorities, if under detention.

10
Ministry Of Law, Justice And Company Affairs (Department of Legal Affairs), legal services authority
act,1987,(23/4/16), 4:30pm, http://lawmin.nic.in/la/subord/nalsa.htm

15
How to Approach –

A written application can be made to the concerned authority (See Annexure I for proforma of the
application form) - Where the person cannot read or write, the legal services authority will record his/her
statement along with thumb impression. Such a statement is treated as an application. - The person who
claims legal aid has to file an affidavit of his income. Steps involved in the process: The eligibility
criteria and the merits of the case are examined. If the application for legal aid is rejected, reasons shall be
duly recorded and also informed to the applicant. The applicant has the right to appeal before the
chairman for a decision against such rejection.

Duties of the aided person:

The aided person must:

 “comply with directions given by the Secretary of the Legal Services Authority;
 attend the office of the committee or Court as well as of the advocate assigned, as when required;
 furnish full and true information to the advocate rendering legal service; and
 not pay any fee or expenses to the advocate rendering legal service.”11

Lok Adalats

“Lok Adalats are judicial bodies 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. Its orders are like any court orders, but the parties cannot appeal against such
orders. Lok Adalats can resolve all matters, except criminal cases that are non-compoundable. Either one
or both the parties to litigation can make an application to the court for transferring the case to a lok
adalat. Where no compromise or settlement is made by the lok adalat, such a case is transferred to the
court and that court deals with the litigation from the stage the lok adalat had reached.”12

11
Divyam Agarwal, legal aid, legal services india, (22/4/16), 9:30pm,
http://www.legalserviceindia.com/articles/legaut.htm
12
Anonymous,lok adalat, legal aid detuch, (23/4/16), 2:40pm,
http://www.sgb.adalet.gov.tr/ekler/pdf/legal-aid-deutch.pdf

16
 CHAPTER-4

(POSITIVE CONTRIBUTION OF LEGAL AID IN

INDIA)
Free Legal Aid in India : The positive Contribution of Judiciary The Supreme Court of India got
a major opportunity to make an emphatic pronouncement regarding the rights of the poor and
indigent in judgment of

“Hussainara Khatoon”13 where the petitioner brought to the notice of Supreme Court that most
of the under trails have already under gone the punishment much more than what they would
have got had they been convicted without any delay. The delay was caused due to inability of the
persons involved to engage a legal counsel to defend them in the court and the main reason
behind their inability was their poverty. Thus, in this case the court pointed out that Article 39-
Aemphasized that free legal service was an inalienable element of reasonable, fair and just‘
procedure and that the right to free legal services was implicit in the guarantee of Article 21.

Two years later, in the case of “Khatri v. State of Bihar”14 , the court answered the question the
right to free legal aid to poor or indigent accused who are incapable of engaging lawyers. It held
that the state is constitutionally bound to provide such aid not only at the stage of trial but also
when they are first produced before the magistrate or remanded from time to time and that such a
right cannot be denied on the ground of financial constraints or administrative inability or that
the accused did not ask for it. Magistrates and Sessions Judges must inform the accused of such
rights.

13
Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 98.

14 Khatri v. State of Bihar, AIR 1981 SC 262.

17
The right to free legal services is an essential ingredient of reasonable, fair and just procedure for
a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the
State is under a constitutional mandate to provide a lawyer to an accused person if the
circumstances of the case and the needs of justice so require…The State cannot avoid this
obligation by pleading financial or administrative inability or that none of the aggrieved
prisoners asked for any legal aid.

In “Suk Das v. Union Territory of Arunachal Pradesh”15 , Justice P.N. Bhagwati,

emphasized the need of the creating the legal awareness about Articles 14 and 22(1) of the Indian
Constitution.

A Critical Evaluation to the poor as they do not know the their rights more particularly right to
free legal aid and further observed that in India most of the people are living in rural areas are
illiterates and are not aware of the rights conferred upon them by law. Even literate people do not
know what are their rights and entitlements under the law. It is this absence of legal awareness
they are not approaching a lawyer for consultation and advise. Moreover, because of their
ignorance and illiteracy, they cannot become self-reliant and they cannot even help themselves.
That is why promotion of legal literacy has always been recognized as one of the principal items
of the program of the legal aid movement in the country. I would say that even right to education
would not fulfill its real objective if education about legal entitlements is not made accessible to
people and our constitutional promise of bringing justice to the door steps of the people would
remain an illusion. Justice Krishna Iyer, who is crusader of social justice in India, had rightly
said that if a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional
and statutory right of appeal inclusive of special leave to the Supreme Court for want of legal
assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the
Constitution, the power to assign counsel for such imprisoned individual for doing complete
justice.

15
AIR 1986 SC 991. 2013]

18
“It is a statutorily recognized public duty of each great branch of government to obey the rule of
law and uphold the tryst with the constitution by making rules to effectuate legislation meant to
help the poor.”16 Though the law has been enacted to protect the poor the governments are lazy
to implement the enacted law.

The same was observed by Supreme Court in “State of Haryana v. Darshana Devi”17, that "the
poor shall not be priced out of the justice market by insistence on court-fee and refusal to apply
the exemptive provisions of order XXXIII, CPC. The state of Haryana, mindless of the mandate
of equal justice to the indigent under the magna carta of republic, expressed in article 14 and
stressed in article 39A of the constitution, has sought leave to appeal against the order of the high
court which has rightly extended the 'pauper' provisions to auto-accident claims. Order XXXIII
will apply to tribunals, which have the trappings of the civil court…even court also.

“M.H. Hoskot v. State of Maharashtra”18 NALSAR Law Review [Vol.7 : No. 1 expressed its
poignant feeling that ―no state has, as yet, framed rules to give effect to the benignant provision
of legal aid to the poor in order xxxiii, rule 9A, civil procedure code, although several years have
passed since the enactment. Parliament is stultified and the people are frustrated. Even after a
law has been enacted for the benefit of the poor, the state does not bring it into force by willful
default.

16
Order 33, Rule 9A,Code Civil Procedure,1908.

17 AIR 1972 SC 855. 238

18 (1978) 3 SCC 81.

19
 Conclusion and suggestions
Legal aid is not a charity or bounty, but is an obligation of the state and right of the citizens. The

prime object of the state should be equal justice for all. Thus, legal aid strives to ensure that the

constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the

downtrodden and weaker sections of the society. But in spite of the fact that free legal aid has

been held to be necessary adjunct of the rule of law, the legal aid movement has not achieved its

goal. There is a wide gap between the goals set and met. The major obstacle to the legal aid

movement in India is the lack of legal Universities, Intellectual Property Rights and Spinoffs: A

Critical Evaluation 241 awareness. People are still not aware of their basic rights due to which

the legal aid movement has not achieved its goal yet. It is the absence of legal awareness which

leads to exploitation and deprivation of rights and benefits of the poor.

Suggestions

It is suggested that it is the need of the hour that the poor illiterate people should be imparted

with legal knowledge and should be educated on their basic rights which should be done from

the grass root level of the country. For that judiciary needs the support from state administration

to conduct legal literacy program.

The judiciary should focus more on Legal Aid because it is essential in this present scenario

where gulf between haves and have-nots is increasing day by day. And elimination of social and

structural discrimination against the poor will be achieved when free Legal Aid is used as an

important tool in bringing about distributive justice.

20
 Bibliography
BOOKS :

1. Federal Judicial Centre, Manual for litigation management and cost and delay reduction
(1992).
2. P.M. Bakshi, “Alternative Dispute Resolution”.

WEBSITE :

 Dr. G. Mallikarjun, LEGAL AID IN INDIA AND THE JUDICIAL CONTRIBUTION,

http://www.commonlii.org/in/journals/NALSARLawRw/2013/13.pdf
 Anonymous, meaning of legal service,
http://ncw.nic.in/MeeraDidiSePoochoEnglish/Chapter11.pdf
 Varun Pathak, legal service in india, introduction of legal services,
http://www.legalserviceindia.com/articles/laid.htm
 J U S TIC E T. MATHIVANAN, Judge , Madras High Court, legal services, legal aid,
http://www.hcmadras.tn.nic.in/legalaid-issues.pdf

 Prof. Dr. Ranbir Singh, Introduction to legal aid, saarc law,

http://saarclaw.org/publicationFile/1023_Prof.%20_Dr._%20Ranbir%20Singh%20-
%20Access%20to%20Justice%20and%20Legal%20Aid%20Services%20with%20special
%20reference%20to%20specific%20Justice.pdf
 Divyam Agarwal, legal aid, legal services india,
http://www.legalserviceindia.com/articles/legaut.htm

 Anonymous,lok adalat, legal aid detuch, http://www.sgb.adalet.gov.tr/ekler/pdf/legal-aid-

deutch.pdf

 Ministry Of Law, Justice And Company Affairs (Department of Legal Affairs), legal
services authority act,1987, http://lawmin.nic.in/la/subord/nalsa.htm

 Anonymous,objective of legal services, the legal services authority,

http://gujarathighcourt.nic.in/gslsa/docs/campsFinal.pdf

 Megha Maji, Fair Trial under Section 304 of Criminal Procedure Code, lsi,
http://www.legalservicesindia.com/article/article/fair-trial-under-section-304-of-crpc-
1759-1.html

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 Anonymous, article 39A, legal awareness programme,
https://www.facebook.com/LegalAwarenessProgramme/posts/507783275935796

 Anonymous, note on article 39 A, the silent noise,

https://deekshasharma.wordpress.com/tag/article-39a/

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