THE ROLE OF LEGAL AID IN INDIA

The legal aid in India is an important system to make sure that access to justice in a socio-economically diverse society exists. Based on the constitutional requirement of Article 39A and supported by the judicial interpretation of Article 21, the legal aid system aims at ensuring that economic or social disadvantage cannot hinder an individual of accessing justice. This undertaking was institutionalized in the Legal Services Authorities Act, 1987, which created a systematic arrangement consisting of the National Legal Services Authority (NALSA), State and District Authorities and Taluk committees to offer free legal assistance to the marginalized population. The decision of the judiciary like the one by Hussainara Khatoon v. State of Bihar, Khatri v. State of Bihar, and Suk Das v. Union Territory of Arunachal Pradesh have further enhanced legal aid into an enforceable constitutional right especially when it comes to the provision of fair trial. On top of litigation, legal assistance is provided to other dispute resolution methods such as Lok Adalats, in-prison legal services and legal literacy programs thus enhancing substantive equality and human dignity. The institutional strengths are accompanied with a set of challenges such as insufficient awareness, resource, and quality issues. The adoption of technology and the constant reforms is necessary to increase effectiveness and reach. Finally, the legal aid is the fulfillment of the constitutional promise of justice that empowers the democratic ideal that the rule of law is to be made available to everyone.