NALSA's Retreat From Legal Aid Defence Counsel is an Opportunity to Do Something New
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Legal aid is not a courtesy that is extended to the poor, it is rather a specific, measurable commitment that India has made. Article 39A of the constitution of India aims to promote justice on the basis of equal opportunity, to ensure that there is free legal aid to the economically weaker sections of the society. The Legal Services Authorities Act was passed in 1987, to give effect to the said aims of the constitution which asks the state to ensure that no citizen is denied justice owing to their economic vulnerability. The objective of the act clearly states:
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.
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.
This is also an international commitment that is being asked of the countries under Sustainable Development Goals. Sustainable Development Goal 16 asks to:
Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.
Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.
Therein, the target 16.3 specifically says:
Promote the rule of law at the national and international levels and ensure equal access to justice for all.
Promote the rule of law at the national and international levels and ensure equal access to justice for all.
The framework for delivery of legal services
The National Legal Services Authority (NLSA) was constituted in November 1995, under the act. This was drafted keeping in mind the lived realities of people who end up on the wrong side of the system without representation because of the vulnerability posed by their identities that often exist at the intersection of poverty, caste, and religion, that long decides who gets noticed, and heard in the system. The vision on paper was far ahead of the workforce on ground needed to deliver it. Legal aid meant a list of........
