SUBJECT: LAW AND POVERTY EXAMINATION ROLL NO.

:
SUBMITTED BY: ABHISHEK 18BLWS101
SINGH
ENROLEMENT No. : 18-05192
B.A. LL.B. (H) S/F, IV SEMESTER,
STUDENT ID: 20186460
2nd YEAR, FACULTY OF LAW, JMI
EMAIL ID-
CLASS ROLL NO. : 02
abhishekkumarsingh6298@gmail.co
m

Law and Poverty; Paper Code: BLW-406

B.A. LL.B. (Hons) 4th Semester (2nd Year), 2020

UNIT- I
QUESTION 1. ELABORATE ON THE CONCEPT OF SOCIAL JUSTICE UNDER INDIAN
CONSTITUTION AND EXPLAIN CONSTITUTIONAL PROVISIONS AND LEGISLATIONS FOR

EMPOWERING THE WEAKER SECTIONS OF INDIA.

ANSWER 1:- .In common parlance Social Justice means the abolition of all kinds of inequalities
which may arise from the inequalities of wealth, opportunity, status, race, religion, caste and
title. Social Justice is one of the aspirations of our Constitution. It is a Revolutionary concept
which provides meaning and significance to life and make the rule of law dynamic. As the
Constitution of India is considered as a living document that means it changes with the need of
the time and requirements, same is the concept of Social Justice as well, it’s also a living concept
and give substances to the rule of law and meaning and significance to the ideal for establishing
a welfare state.

11) Meaning and definition of Social Justice:- The Constitution of India under the Preamble,
profess to secure to all its citizens three types of justice i.e., social, economic and political, where

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the Social Justice means the abolition of all the equalities among the people on the basis of
wealth, opportunity, status, race, religion, caste, title and etc., Economic justice means the equal
distribution of wealth and other resources among the peoples and; finally comes the political
justice which talks about the equal participation of all the citizens of India in the political
scenario with equal political rights for establishing democratic, sovereign, socialist, secular and a
Republic country which are considered as the founding principles of building the Constitution in
India.

The Social justice in the wider sense involves political justice and in the restricted sense it
implies economic and distributive justice too. Therefore, it is very difficult to explain it in a strait
jacket definition which can cover all its aspects, also in the case of Muir Mills Co. Ltd. v. Suti
Mills Mazdoor Union (1955), Justice Bhagawati comments ‘Social justice is a very vague and
an undeterminate expression and that no clear cut definition can be laid down which will cover
all the situation’. The difficulty in framing a particular definition for social justice is that it can
be understood on the basis of several social, economic and humanitarian considerations, as its
content and scope would differ from person to person, depending upon his social and economic
philosophy.

Although by term “justice” it means justice to all the deprived and weaker sections of society by
establishing an egalitarian order under which equal opportunities are offered to the weaker
sections of society. In simple words, the concept seeks to afford necessary assistance to the
under-privileged but at the same time, it is to be remembered that it does not aim at pulling down
the upper sections of society. It uplifts the weaker sections without unduly and unreasonably
affecting the interests of the former. This principle also forms the basis of other constitutional
provisions. It is important to note that the constitutional document, without defining the concept,
intends to secure social justice with the help of some of these principles.

2) Incorporation of Social Justice in The Indian Constitution:- The Preamble and Article 38
of the Indian Constitution elucidate Social Justice as to ensure a meaningful livable life full with
human dignity. Although the word “Socialist” was not expressly provided in the Preamble of the
Constitution and was inserted by the 42nd Constitutional Amendment Act, 1976, but this reflect
in any manner that India was not aiming towards socialist state rather, The Constituent Assembly
even before it set out to fulfil its task of framing a Constitution for India declared in the

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Objectives, resolution passed by it that social justice is one of the goals to be achieved. The
Constituent Assembly declared its firm and solemn resolve to proclaim India as an Independent
Sovereign Republic and to draw up for her future governance a Constitution wherein shall be
guaranteed and secured to all the people of India, justice, social economic and political. It
became the vision of the people of India and a promise of the Constitution speaking through its
preamble and some of the enacting provisions that there shall be secured to all the citizens, social
justice. The ideal of justice -social, economic and political has been taken from the Russian
Revolution of 1917 and has now became an integral part of the Constitution which cannot be
struck down by anyone in any circumstances, as it is being declared as one of the basic structure
of the Indian Constitution in the landmark case of Kesavananda Bharati. So, India from its very
inception was a socialist country as all the provisions inserted by the members of the Constituent
Assembly in the Constitution reflects that they always aims towards a welfare state where all are
facilitated with the equal availability of resources and status in the society. The insertion of term
Socialist was just a political step by the then parties to reflect the people that they are caring
towards them and will ensure an inclusive society and has nothing to do with achieving it but
only has strengthened the constitutional ethos of social and economies justice in the preamble as
well. The concept of Social Justice is not defined in any provision of the constitution which
makes it very vague and intermediate expression as no clear cut definition can be laid down
which will cover all the situations of a social justice.

3) Indian Constitutional Provision Ensuring Social Justice:- Preamble envision for a

socialist State and ensures for Social Justice to all its citizen which can be further investigated in
two broader aspects which are: (i) Sustainable livelihood, which means access to adequate means
of living, such as shelter, clothing, food, access to developmental means, employment;
education, health, and resources; (ii) social and political participation, which ensures the
guarantee of fundamental rights, and promotion and empowerment of the right to participation in
the political scenarios i.e. forming the government, and access to all available means of justice,
on the basis of which “justice as a political programme” becomes an actual reality. Further, Art
14, 15, 16, 17, 19, 23, 24, 37, 38, 39, 39 A, 46.

Article 14 guarantees to every person “equality before law or equal protection of the laws within
the territory of India”. Article 15(1) prohibits discrimination against any citizen on grounds of

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religion, race, caste, and place of birth or any of them, but Article 15 (4) is an exception to
clauses (1) and (2) of Article 15. It was added by the 1st Constitutional Amendment, Act of 1951
as a result of the decision of the Supreme Court in State of Madras v. Champakam Drairajan
which ensures the Special Provision for Advancement of Backward Classes and majorly known
as the “Reservation”. In the same view Article 16(1) provide equality of opportunity for all
citizens in matters relating to employment or appointment to any office under the state. By
Article 17 "untouchability" the age-old practice has been made a punishable offence for
annihilating it from Indian societies.

UNIT- II
QUESTION 2. Write an essay on the problem of communal violence in India and explain
Compensation to Victims of Crime, Especially to the Impoverished in Communal Riots or Civil
Disturbances and the problems of law in India.

UNIT- III
QUESTION 3. Write an essay on, Bandhua Mukti Morcha and their legal battle for abolishing the
Bonded Labour System and its Judicial effectiveness in India.

UNIT- IV
QUESTION 4. Discuss the problems faced by indigenous community and Tribal people due to
Public Projects like Dams, Displacement and their Rehabilitation and the law in India.

UNIT- V

QUESTION 5. Write an elaborate essay on Concept of Legal Aid and the Poor- with special
reference to The Legal Services Authorities Act.

- Faith of people in working of any machinery and institution is very important. But due to
marginalization and other social problem, if certain sections of the society are denied from the

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justice then it will stir a sense of disbelief in them regarding the justice delivery system. People
crushed by law have no hopes but from the power. If laws are their enemies, they will be
enemies to laws; and those, who have much to hope and nothing to lose, will always be
dangerous, more or less. The legal services provided to an accused should not only be given at
trial but also given prior to it, when he is arrested and produced before magistrate he must have
opportunity to apply for the bail to resist the custody. Right to free legal aid would be whimsical
if a suspect is not informed about his rights as more than 2/3rd population of India is not aware
of their rights. Right to free legal aid in India is inserted by 42nd amendment of Constitution
under section 39-A as a Directive Principle. It plays a vital role in shielding the marginalized
groups and lower strata people across the nation at very grass root level. Further, it is more
precisely interpreted in different cases by the apex court and it's Judges in Indian context. Legal
aid system in India touches those vulnerable sections of the society which find it difficult to earn
their livings. A proper free legal service is necessary to provide by the state to poor masses
which holds a major part of the population in the country. Still many loopholes in system resist
back the legal aid system and major drawbacks of not providing proper legal aid to the accused
are reasons which forms the ground implicitly violating fundamental rights of those peoples. By
providing proper access to justice by reforming and proper monitoring of the current system. By
nurturing the para-legal aid service, Alternate dispute resolution, formation of legal aid clinics
and legal aid cells of law schools and colleges, all these combining efforts can revive the
condition of legal aid network throughout the country.
Meaning of access to justice is not only confined to free legal aid provided by courts. These
words also emphasise on quality of justice provided, number of people accessing, pure
dispensation of justice, PIL, legal empowerment and the long list goes on. The emergence of PIL
as a strong tool due to interference of courts can be said as the proper beginning of free legal aid
programme. The innovation of PIL would soon encompass a wide range of subjects not limited
to those who unable to access the courts on account of their peculiar disadvantage.

Legal Aid and India constitution

Certain sections were incorporated in the constitution to make justice within reach of all,
irrespective of their social or economic strata. A notable feature of the Indian constitution is that
it accords a dignified and crucial position to the judiciary. Through various decisions the courts
of judicature have tried to establish a robust legal aid system to provide a soft access to justice to
the people suppressed with poverty and other condition.
Through article 14 constitution of India proselytize Equality before Law. Equality before law and
equal protection of laws is the quintessence of Right to equality, a fundamental Right guaranteed
under the constitution of India. Equals cannot be treated unequally. Right to such equality cannot
be arbitrarily denied to the equals in the absence of a valid classification. Article 39A of the
constitution of India, which was incorporated in the constitution through 42nd amendment
affected from 1977, paves the way of equal justice and free legal aid. This article also emphases
that free legal service is an inalienable element of „reasonable, fair and just, procedure for a

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person suffering from economics or other disabilities would be reprieved of opportunity of
securing justice.
The right to free legal services is, therefore, clearly an essential ingredient of „reasonable, fair
and just, procedure for person accused of an offence and it must be held implicit in the guarantee
of article 21. Article 22 of the constitution of India also reflects concept of legal aid. According
to it, “every person who is arrested or detained in custody shall be produced before the nearest
magistrate within the period of 24- hours of such arrest excluding the time necessary for the
journey from the place of arrest to the court of the magistrate and no such person shall be
detained in custody beyond the said period without the authority of a magistrate.” Not just for the
sake of formality, the amicus curiae appointed to provide legal assistant to an accused should be
in proper frame of fair justice. Art 14 (3) (d) of International covenant on civil and political
rights propagate the legal assistance to a suspect of his or her choice and he had no sufficient
means to pay then state would provide the assistance by prior notifying him of his rights. It is
court’s duty to discern the justice among the peoples and so it is necessitate for them to appoint a
lawyer of good calibre not a novice merely for a useless formality. In Aristotle’s view, justice
requires treating different people differently, as much as treating equal people equally means
irrespective of gender class creed etc. every person must have equal opportunity in confronting
every situation and reverse discrimination as an affirmative action must be taken for a rival
without such disadvantages and provide have-nots a sense of equality and justice. Our Indian
constitution bestowed the peoples of India equality of status and opportunity, socio- economic
and political justice. Article 14 and Article 16 are the fundamental rights which guarantee right
to equality and right to equal opportunity which are enforceable by apex court in case if violated.
And in compliance with these provisions the right to free legal aid play a vital role in
maintaining the rights and successfully establishing rule of law. Therefore in delivering justice to
every person in the country like India which has a diverse culture and large masses under poverty
striving to earn their livings and illiteracy among them which causes lack of awareness. All such
socio-economic hurdles hinder the delivering of justice to every person equally, by providing
equal opportunity. Thus the state plays a vital role in bridging the gap between the delivery of
justice and marginalised section of society.

The contribution of legal aid is quiet effective in past decades but there are some serious
loopholes which resist the dynamic essence of legal aid. However the Supreme Court’s
contribution to the legal aid and interpretation of the laws regarding to it in Indian context is
remarkable.

Contribution of Highest Court Of Judicature

By the interpretation of constitution highest court of judicature has delivered many guidelines
regarding the access to free legal aid
In Ramakant vs. State of Madhya , it was held that neither constitution nor legal service authority
Act, 1987 makes any distinction between a trial and an appeal for the purpose of providing free

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legal aid to an accused or a person in custody. Therefore, the high court was obliged to provide
accused, a legal assistance on state’s expense. The case was remit back to the High court for
fresh hearing. Even the section 12 and 13 of NALSA Act, 1987 which defines the criteria to
provide legal aid doesn.t differentiate between trial and appellate stage.
Hussainara Khatoon vs. State of Bihar , it was held that free-legal aid was considered as an
element of free and fair trial of an accused and implicitly guarantees article 21 i.e. right to life
with dignity. Therefore article 39-A made it mandatory for the state for proper implementation of
this constitutional right in order to protect rights conferred under art.21.
Khatri vs. State of Bihar it was held that if an accused doesn.t asks for legal assistant, it does not
means that he will not be facilitated with legal aid on state’s cost also if free legal aid is not
provided to poor, ignorant and illiterate then it is no good and mere a promise on paper.

Suk Das vs. Union Territory of Andhra Pradesh In this case it was held that it is now settled law
that free legal assistance on state’s cost is fundamental right of a person accused of an offence
which may involve jeopardy to his life of personal liberty and this is implicit which is prescribed
in Article 21. No incarceration for indefinite time of a person who can.t affords.
Bar council of India vs. Union of India this case conferred permanent lok adalats to adjudicate
the disputes between the parties concerning public utilities service up to a specific primary limit;
if not an offence under section 22 would be constitutional. It is not necessary that dispute must
be settle in a court, it can be created under statute and can reasonably resolve dispute consistent
with fair and natural justice. The establishment of permanent lok adalats can.t be considered
contradictory to rule of law. Legal service authority act, 1987 was to provide legal assistance to
weaker section and lok-adalat settle large no. of cases with lesser cost so it promotes fair justice
to all in pursuance with the object of this act.

The National Legal Services Authority (NALSA) has been constituted under the Legal Services
Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to
lay down policies and principles for making legal services available under the Act. Actually,
Article 39A of the Constitution of India provides for free legal aid to the poor and weaker
sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution also
make it obligatory for the State to ensure equality before law and a legal system which promotes
justice on the basis of equal opportunity to all. In 1987, the Legal Services Authorities Act was
enacted by the Parliament which came into force on 9th November, 1995 to establish a
nationwide uniform network for providing free and competent legal services to the weaker
sections of the society on the basis of equal opportunity.

In every State, a State Legal Services Authority and in every High Court, a High Court Legal
Services Committee have been constituted. District Legal Services Authorities, Taluk Legal
Services Committees have been constituted in the Districts and most of the Taluks to give effect
to the policies and directions of the NALSA and to provide free legal services to the people and
conduct Lok Adalats in the State.

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Supreme Court Legal Services Committee has been constituted to administer and implement the
legal services programme insofar as it relates to the Supreme Court of India. NALSA lays down
policies, principles, guidelines and frames effective and economical schemes for the State Legal
Services Authorities to implement the Legal Services Programmes throughout the country.
Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal
Services Committees, etc. have been asked to discharge the following main functions on regular
basis:

- To Provide Free and Competent Legal Services to the eligible persons;

- To organize Lok Adalats for amicable settlement of disputes; and

- To organize legal awareness camps in the rural areas.

During the financial year 2011-12, the National Legal Services Authority had a Plan of Action
and Calendar for Activities adopted by the meeting of the State Legal Services Authorities held
at Bhubaneshwar, Orrisa on 19-20 March, 2011. The highlights of the National Plan of Action
for the financial year 2011-12 are as under:

- Ensuring free, competent effective and comprehensive legal services.

- Legal services focused on women

- Rights of children-increasing legal services to the children

- Strengthening the role of para-legal volunteers (PLVs) in legal services

- Setting up of legal aid clinics in villages in the most economic and effective manner

- Legal services to workers in the unorganized sector

- Paving way for social justice litigation for environmental protection

- Training of Member-Secretaries of SLSAs and functionaries of the District Legal Services

Authorities

- Establishment of legal aid clinics in Universities, Law Colleges and other institutions

- Legal literacy amongst school and college students and setting up of legal literacy clubs and
legal awareness camps

- Ensuring commitment to Part IV-A of the Constitution

- Continuing with the special programmes for North-Eastern States

- Use of NALSA’s website and NALSA’s web-based monitoring system

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- Social audit of the legal services activities

- Judicial academies to be a platform for legal services programmes and sensitization

The Plan of Action envisaged the setting up of legal aid clinics in all villages or for a cluster of
villages to be manned by para-legal volunteers (PLVs) and start legal aid clinics in all law
colleges and law universities. NALSA has notified the National Legal Services Authority (Legal
Aid Clinics) Regulations, 2011 and published in the Gazette of India giving statutory backing to
its Legal Aid Clinics Scheme.
The concept of access to justice widely incorporates free legal aid and legal empowerment. As
said by Hon.ble J. Ranjan Gogoi that there are many people still existing in the remote corners of
the country who are not even aware of the establishment of courts. It is true that we have come a
long way from where we started but still the goal is to take courts to the marginalised sections
that are facing atrocities. Eventually, through the course of analysis of legal aid in India it can be
concluded that proper inspections of legal aid bodies in regular time intervals and to improve
quality of legal aid by involving competent legal aid counsels to get rid of the stigma of
incompatible free legal aid. Hence we should thrive to replace present stiff justice mechanism
which has very little room for further development. Our justice imparting model should be ready
to get expanded according to the changing needs and demands of the society. We have to
increase the faith of marginalised people in justice delivery system and to mine what is perfect
justice from the courts of judicature so that they can actually deliver justice. The collective aim
of judiciary, executive and legislature should be taking justice to the last man in need of which is
their duty not courtesy.

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