By M.C. Linthoingambee
We all need a little bit of help from time to time. There are several reasons why certain projects begin with the outlook into 50 years ahead of time and wondering if it would work. The idea of giving of legal aid is one of such perspective that might have worked out for better or for worse. Everything works for money now; there are no rooms for the poor anymore. There are no narrow escapes anymore to see whether all individuals are liable to receive equal opportunity in every aspect. The rich have become richer and the poor have become poorer. This is one the great ideology passed down for generations or somewhere in the deep wilderness but there are times when the statement goes in an opposite direction. But more than 70% of these people stand by their social and economic deprivation till today. In this world, we all hang by a thin line of justice. There are times when even innocents are even put behind bars at the incompetence of some.
There is a presiding rule of long litigation procedures with expensive cost schedule in India henceforth, the line of people who suffers most from this effect are the poor. They are grouped according to the reports provided by the National Sample Survey (NSS) and placed into different categories separated by the poverty line according to their respective Cost Basic Needs and Consumer Price Index. The Culture of Poverty has deprived millions and several growing generations from achieving their rightful right to develop as individuals. Once upon a time, we were even foolish enough to establish grounds of un-touchability. We were being selfish but human perceptions have changed today and people are fighting more and more to establish civilized conversations, settlement, etc.
In the concern of giving justice to these classes of citizens we are looking at bigger and better pictures now. The Executive, Legislature and the Judiciary have come under one common agreement and even established express provisions in the Constitution to give equal justice and free legal aid under Article 39A. In the hope of giving more authority to provisions of legal aid the Legal Services Authorities Act was enacted by the Parliament in the hope of giving a voice of hope to the poor citizens. The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal services available under the Act. Otherwise if we further expand our horizon we have seen measures of alternative dispute resolution (ADR) expanding at a rapid rate in the form of: Negotiation, Mediation, Conciliation, Arbitration and most importantly Lok Adalat in a way to developing the principle of natural justice. The establishing principles of Lok Adalat have achieved more than the principles it was set out for but we need more awareness on these issues specially when there are no fees given in a settlement negotiation of the People`™s Court. It has a far reaching effect with eligibility for such free legal services inclusive of Women and children; Members of SC/ST; Industrial workmen; Victims of mass disaster; violence, flood, drought, earthquake, industrial disaster; Disabled persons; Persons in custody; Persons whose annual income does not exceed Rs. 50,000/- Victims of Trafficking in Human beings. The network is widening and has expanded on to pending petitions that lies with the Women`™s Commissions, Labour Courts, Industrial Tribunal, etc.
Legal Aid Clinics are new innovations in establishing peace within our society. Legal Aid Clinics in all Gram Panchayats operate by engaging competent lawyers as legal consultants in the clinics thereby giving wide publicity about the clinics with the help of local Self-Government Institutions. There are also ways by which law colleges and law universities are encouraging students to adopt legal aid clinics and work in remote village areas as their area of operation. In its recorded achievement reports till about March 31, 2009 there are reports of 96.99 lakh people benefiting through legal aid and advice throughout the country in which about 13.83 lakh persons belonging to Scheduled Caste and 4.64 lakh people of Scheduled Tribe communities were beneficiaries. More than 10.22 lakh people were women and about 2.35 lakh people in custody were also benefited. About 7.25 lakh Lok Adalats have been held throughout the country in which more than 2.68 crore cases have been settled. In about 16.87 lakh Motor Accident Claim cases, more than Rs. 7593 crore has been awarded as compensation.
The Initiative that began under the supervision of some of the legal and diversifying assets in the country have taken a heavy toll and expanding till today. Every state in India has begun with the practicality of establishing their own respective state legal service authorities and has worked to their full capacity side by side with the rule makers and executioners of such rule. And that is the idea folks of delivering justice in their full capacity.