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"I Slept
and dreamt that life is joy;
I woke up and saw that life is service;
I served and understood that service is joy”
These
were the words of the great Nobel Laureate Rabinder Nath
Tagore for the youth of this country.
Six decades have passed since independence but shockingly we
observe that the situation is still the same. The rulers
have changed but not there reign: the reign of hunger,
poverty, misery and pain. Our society still requires its
great leaders to save itself from its evils.
In this scenario of social turmoil, the Government of India
has taken a major step for the upliftment of the socially
downtrodden sections of the society, by means of providing
free "Legal Aid".
The term Legal Aid basically means giving to persons
of limited means; gratis or for nominal fees, Legal Aid
and legal assistance in courts, in both civil and criminal
matters.
The primary objective of giving Legal Aid is to make
it impossible for any man, woman or child to be denied equal
protection of law, simply because he or she is ignorant or
poor.
Article 8-A of the Universal Declaration of Human Rights
states, “Everyone has the right to an effective remedy by
competent national tribunals for the acts violating the
fundamental rights granted by the Constitution or the Law.”
This proves that in order to ensure equal justice as
enshrined in the Constitution of India, legal aid to the
poor is of utmost importance.
The
two most important decisions in regard to legal aid have
been discussed as under :
1-
Lok Adalats : Lok Adalats
were one of the most significant landmarks in the history of
judicial administration which brought justice to the
doorsteps of the common man, particularly in the rural and
remote areas; with its main objective being amicable
settlement of disputes between parties by mutual consent.
Section-19 provides for the organization of Lok Adalats and
states that every state authority or Supreme Court Legal
Service Committee, may organize Lok Adalats at regular
intervals at any place for exercising such jurisdiction.
2- Legal Aid Programs :
In accordance with the directives from the Central
Government, many states enacted their own legal aid
legislations. Madhya Pradesh introduced the comprehensive
legal aid scheme under the Legal Aid and Assistance Act,
1976. The scheme was initially introduced only in few
districts which were exclusively inhabited by Advasis or
aboriginal tribes.
Similarly, The Tamid Nadu Committee was also established. In
Karnataka and Bihar, the Karnataka Legal Board Act, 1987 and
the Bihar Legal Act, 1988 have been enacted.
To conclude, we can say that this step of the government,
accompanied by the establishment of the Lok Adalats, have
been by far the most significant step in the judicial
history of India. It has also been proved to be a boon for
the downtrodden sections of the society.
Contributed by :
Samrat Dutta - B.A. LL.B I Sem |