DISCLAIMER

No part of this publication may be reproduced or copied in any form by any

means without prior written permission of Editor-in-chief of White Black Legal
– The Law Journal. The Editorial Team of White Black Legal holds the
copyright to all articles contributed to this publication. The views expressed in
this publication are purely personal opinions of the authors and do not reflect the
views of the Editorial Team of White Black Legal. Though all efforts are made
to ensure the accuracy and correctness of the information published, White
Black Legal shall not be responsible for any errors caused due to oversight or
otherwise.
 EDITORIAL
TEAM

Raju Narayana Swamy (IAS ) Indian Administrative Service officer

Dr. Raju Narayana Swamy popularly known as
Kerala's Anti Corruption Crusader is the
All India Topper of the 1991 batch of the IAS and
is currently posted as Principal
Secretary to the Government of Kerala . He has
earned many accolades as he hit against
the political-bureaucrat corruption nexus in India.
Dr Swamy holds a B.Tech in Computer
Science and Engineering from the IIT Madras and
a Ph. D. in Cyber Law from Gujarat
National Law University . He also has an LLM
(Pro) ( with specialization in IPR) as well
as three PG Diplomas from the National Law
University, Delhi- one in Urban
Environmental Management and Law, another in
Environmental Law and Policy and a
third one in Tourism and Environmental Law. He
also holds a post-graduate diploma in
IPR from the National Law School, Bengaluru and
a professional diploma in Public
Procurement from the World Bank.

Dr. R. K. Upadhyay
Dr. R. K. Upadhyay is Registrar, University of Kota
(Raj.), Dr Upadhyay obtained LLB , LLM degrees from
Banaras Hindu University & Phd from university of
Kota.He has succesfully completed UGC sponsored
M.R.P for the work in the ares of the various prisoners
reforms in the state of the Rajasthan.
 Senior Editor
Dr. Neha Mishra
Dr. Neha Mishra is Associate Professor & Associate Dean
(Scholarships) in Jindal Global Law School, OP Jindal Global
University. She was awarded both her PhD degree and Associate
Professor & Associate Dean M.A.; LL.B. (University of Delhi);
LL.M.; Ph.D. (NLSIU, Bangalore) LLM from National Law
School of India University, Bengaluru; she did her LL.B. from
Faculty of Law, Delhi University as well as M.A. and B.A. from
Hindu College and DCAC from DU respectively. Neha has been
a Visiting Fellow, School of Social Work, Michigan State
University, 2016 and invited speaker Panelist at Global
Conference, Whitney R. Harris World Law Institute, Washington
University in St.Louis, 2015.

Ms. Sumiti Ahuja

Ms. Sumiti Ahuja, Assistant Professor, Faculty of Law, University of
Delhi,
Ms. Sumiti Ahuja completed her LL.M. from the Indian Law Institute
with specialization in Criminal Law and Corporate Law, and has over nine
years of teaching experience. She has done her LL.B. from the Faculty of
Law, University of Delhi. She is currently pursuing Ph.D. in the area of
Forensics and Law. Prior to joining the teaching profession, she has
worked as Research Assistant for projects funded by different agencies of
Govt. of India. She has developed various audio-video teaching modules
under UGC e-PG Pathshala programme in the area of Criminology, under
the aegis of an MHRD Project. Her areas of interest are Criminal Law,
Law of Evidence, Interpretation of Statutes, and Clinical Legal Education.

Dr. Navtika Singh Nautiyal

Dr. Navtika Singh Nautiyal presently working as an Assistant Professor
in School of law, Forensic Justice and Policy studies at National
Forensic Sciences University, Gandhinagar, Gujarat. She has 9 years
of Teaching and Research Experience. She has completed her
Philosophy of Doctorate in ‘Intercountry adoption laws from
Uttranchal University, Dehradun’ and LLM from Indian Law Institute,
New Delhi.
 Dr. Rinu Saraswat
Associate Professor at School of Law, Apex University, Jaipur,
M.A, LL.M, Ph.D,

Dr. Rinu have 5 yrs of teaching experience in renowned institutions

like Jagannath University and Apex University.
Participated in more than 20 national and international seminars and
conferences and 5 workshops and training programmes.

Dr. Nitesh Saraswat

E.MBA, LL.M, Ph.D, PGDSAPM

Currently working as Assistant Professor at Law Centre II,
Faculty of Law, University of Delhi. Dr. Nitesh have 14 years of
Teaching, Administrative and research experience in Renowned
Institutions like Amity University, Tata Institute of Social
Sciences, Jai Narain Vyas University Jodhpur, Jagannath
University and Nirma University.
More than 25 Publications in renowned National and
International Journals and has authored a Text book on Cr.P.C
and Juvenile Delinquency law.

Subhrajit Chanda

BBA. LL.B. (Hons.) (Amity University, Rajasthan); LL. M.

(UPES, Dehradun) (Nottingham Trent University, UK); Ph.D.
Candidate (G.D. Goenka University)

Subhrajit did his LL.M. in Sports Law, from Nottingham Trent

University of United Kingdoms, with international scholarship
provided by university; he has also completed another LL.M. in
Energy Law from University of Petroleum and Energy Studies,
India. He did his B.B.A.LL.B. (Hons.) focussing on
International Trade Law.
 ABOUT US

WHITE BLACK LEGAL is an open access, peer-reviewed and

refereed journal providededicated to express views on topical legal
issues, thereby generating a cross current of ideas on emerging
matters. This platform shall also ignite the initiative and desire of
young law students to contribute in the field of law. The erudite
response of legal luminaries shall be solicited to enable readers to
explore challenges that lie before law makers, lawyers and the society
at large, in the event of the ever changing social, economic and
technological scenario.
With this thought, we hereby present to you
"EVALUATING THE IMPACT OF LEGAL
AID PROGRAMS ON ACCESS TO
JUSTICE IN INDIA"
AUTHORED BY: ADV. MEGHA SACHAN

ABSTRACT
Access to justice is a fundamental right enshrined in the Indian Constitution. However, the
realization of this right remains a significant challenge for millions of marginalized and
underprivileged individuals in the country. Legal aid programs have been established with the aim
of bridging this gap and providing legal assistance to those who cannot afford it. This research
paper aims to evaluate the impact of legal aid programs on access to justice in India, focusing on
their effectiveness, challenges faced, and potential areas for improvement. By examining the
socio-legal aspects of legal aid programs and analyzing their outcomes, this study seeks to shed
light on the extent to which these initiatives have been successful in ensuring equal access to
justice for all citizens particularly during the pandemic. The research will involve a comprehensive
review of existing literature, analysis of statistical data, and surveys with beneficiaries, legal
professionals, and policymakers. The findings of this research will contribute to the ongoing
discourse on improving access to justice in India and may inform future policy decisions and
program implementation.

Research Question: How effective are legal aid programs in ensuring access to justice for
marginalized and underprivileged populations in India?

INTRODUCTION
India is a developing country with a population that is extremely diverse in terms of culture,
religion, and language, but it also has a population that is extremely stratified in terms of caste,
sex, race, and wealth. There is still a protracted battle for emancipation and actual equality after
more than 70 years of independence. The preamble itself states that our state should work towards
social, economic, and political justice. The elimination of inequalities from society is referred to
as social justice.
The legal profession in India expanded during the colonial era, but because of the high fees, the
natives were deprived of justice. The practise of imposing fees has been used frequently to relieve
the burden on the judiciary, which obstructs access to justice for the underprivileged and other
disadvantaged groups of society. But the majority of people in the country are poor.1 Free legal
aid is the leading initiative to make it possible for these underprivileged and marginalised
communities to approach the courts and seek justice.

The Indian government has established a framework for offering the poor and other specific
individuals free legal aid, with the aid of constitutional provisions as well as other statutes and
government policies. The Covid 19 pandemic has had negative effects on the entire world, but has
particularly hurt the poor. India, a social welfare state where the rule of law is upheld, guarantees
its citizens that justice will not be withheld because of socioeconomic disadvantages and other
limitations.

The preservation of the rule of law, which is essential for the existence of an orderly society,
depends on providing legal assistance to the poor and weak. Poor illiterate man is denied equal
access to justice up until and unless he receives legal assistance. The Lok Adalat system has been
introduced as one of the ways to provide free legal aid and swift justice at the doorsteps of the
poor, in addition to public interest litigation and judicial activism, with the goal of making justice
cheap and simple. The author of this article emphasises the value of free legal assistance in a
constitutional democracy like India, where a sizable portion of the populace has yet to experience
the constitutional guarantees of even the most basic fundamental rights being fulfilled for them.

UNDERSTANDING LEGAL AID

Legal aid refers to providing free legal services to the underprivileged and disadvantaged who
cannot afford a lawyer to represent them in a case or legal proceeding before a judge, jury, or other
authority. Legal Aid is the strategy used to make sure that no one is denied access to expert counsel
and assistance due to a lack of funds. Therefore, the main goal of ensuring equal justice is to make
it accessible to the underprivileged, oppressed, and weaker members of society. In this regard,
Justice P.N. Bhagwati made the following observation2

1
Legal Aid, available at: http://www.legalserviceindia.com/article/l206-Legal-Aid.html
2
Speaking through the Legal Aid Committee formed in 1971 by the State of Gujarat on Legal Aid with its Chairman,
Mr. P.N. Bhagwati along with its members, Mr. J.M. Thakore, A.G., Mr. VV Mehta, Deputy Speaker, Gujarat Vidhan
Sabha, Mr. Madhavsinh F. Solanki, M.L.A, Mr. Girishbhai C. Patel, Principal, New Lal College, Ahemdabad. His
Lord ship answered to the question of inequality in the administration of justice between the rich and the poor.
 “The legal aid means providing an arrangement in the society so that the missionary of
administration of justice becomes easily accessible and is not out of reach of those who have to
resort to it for enforcement of its given to them by law, the poor and illiterate should be able to
approach the courts and their ignorance and poverty should not be an impediment in the way of
their obtaining justice from the courts. Legal aid should be available to the poor and illiterate,
who don't have access to courts. One need not be a litigant to seek aid by means of legal aid.”
Therefore, by establishing a system of government funding for those who cannot afford the cost
of litigation, legal aid is to be made accessible to the poor and needy. Legal aid works to ensure
that the constitutional guarantee is upheld in letter and spirit and that the poor, oppressed, and
weaker segments of society have access to equal justice. It is important to note that the Indian
Constitution3 mandates that the State ensure that the functioning of the legal system promotes
justice on the basis of equal opportunity, and in particular, shall provide free legal aid, by
appropriate legislation or schemes or in any other manner, to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic circumstances.

In order to ensure that everyone receives justice based on equal access to defense, free legal aid
for the poor is a crucial component of a fair trial procedure4.

Free legal aid for the aforementioned two reasons became urgently necessary and was
implemented on a global scale:
• A party who is financially sound is represented by a skilled and competent lawyer to
defend his lawsuit effectively; however, a party who cannot afford legal representation
would obviously be at a greater disadvantage and risk losing the case even if he has a
strong case to win.
• A person who is put on trial for an offense needs a lawyer to uphold the trial because he is
unfamiliar with the law, lacks knowledge of the evidence and procedural law, and lacks
the expertise to refute the allegations. As a result, even an innocent person may be found
guilty of an offense even if he has been falsely accused.

3
Article 39A of the Indian Constitution
4
Justice J.N.Bhatt:Right to Legal Aid- A basic Human Right. Naya Deep Vol VII Issue 4 on page 50 October 2006.
 PROVISIONS REGARDING LEGAL AID
• INTERNATIONAL CONVENTIONS

Article 7 & 8 of the Universal Declaration of Human Rights 1948 proves Legal aid is a human
right. Article 7 states that “All are equal before the law and are entitled without any discrimination
to equal protection of the law”5, whereas Article 8 says that “Everyone has the effective remedy
by the competent national tribunals for acts violating the fundamental rights granted to him by the
constitution or by law”6.
According to Article 6 of the European Convention for the Protection of Human Rights and
Fundamental Freedoms, which was signed in 1953, legal assistance is given to a citizen accused
of committing a crime as part of the recourse to justice process 7. Article 6 (3) of the European
Convention states that a person who has been charged with a criminal offence has the right, “To
defend himself in person or through legal assistance of his choosing for if he has no sufficient
means to pay for legal assistance to be given it free when the interest of the justice so requires”.
Therefore, it appears from the outset that international agreements and declarations recognise legal
aid as a fundamental human right. International law mandates that legal aid be acknowledged as
a fundamental component of a country's justice system.

• CONSTITUTIONAL MANDATE AND LEGISLATIVE FRAMEWORK

"We the people of India" have solemnly resolved, according to the preamble of the Indian
Constitution, "to secure to all citizens justice, social, physical, and political," as well as "equality
of rank and opportunity." The founding fathers thus made social and economic justice the sacred
goal of the constitution and also left plenty of room for legal aid. Legal Aid is therefore implied
rather than explicitly stated in the preamble8.
According to Article 14 of the Indian Constitution, "The State shall not deny to any person within
the territory of India, equality before the law or the equal protection of the laws." The phrase
"equal protection of laws" refers to the idea that everyone should have the same legal rights under
the law, regardless of their financial situation. Since it will act as a shield for the poor in the context
of democratic and fundamental rights enshrined in our Constitution, legal aid for the poor is
therefore necessary to ensure equality of justice9.

5
Article 7 of Universal Declaration of Human Rights, 1948
6
Article 8 of Universal Declaration of Human Rights, 1948
7
Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1953
8
Preamble, Constitution of India
9
Article 14 of The Constitution of India
According to Article 21, everyone's life or personal freedom is protected. This article guarantees
that no one's life or personal freedom should be taken away; it may only be done in accordance
with "provision established by law." Both advocates of liberty and judicial sentinels have a strong
sense of significance when it comes to the laws' procedures. A fair trial requires the application of
natural justice10.

According to Justice Bhagwati, the process by which a person's life or personal freedom is
restricted must be reasonable, equitable, and just. The right to unrestricted access to counsel, one
of the most important developments in the field of human rights, was preceded by this point of
view. The right to free assistance is a fundamental component of a reasonable, equitable, and just
process for someone who has been found guilty of a crime, according to the Supreme Court, which
interprets Article 21 implicitly.

The SC reminded the state of its constitutional obligation to provide free legal assistance in Sukh
Das v. Arunachal Pradesh11. The Supreme Court continued by declaring that even if the vulnerable
do not request it, the state must provide them with free legal services as a matter of right. It is now
equally established that Article 21 of the Indian Constitution envisions the right to free legal
assistance and a speedy trial as a promise to protect citizens' human rights, according to the case
of the State of Maharashtra vs. Manubhai Pragaji Vashi12.

According to Article 22(1) of the Indian Constitution, no one who has been arrested "shall be
denied the right to consult and be defended by a legal practitioner of his choice or shall be detained
without first being informed of the reason for his detention." Therefore, if a marginalised or
underprivileged person doesn't seek legal advice, the state will do so; however, if the state fails to
do so, Article 22 (1) of the Indian Constitution is nullified, and a constitutional violation has
occurred13.

Some railway personnel staged a Satyagraha in the case of Hansraj v. State of Uttar Pradesh 14.
Under the guidelines of the Railways Act, they were detained, accused, and sentenced. They were
not informed of the trial's date or that Article 22's right to contact and be represented by counsel

10
Article 21 of The Constitution of India
11
Suk Das & Anr vs Union Territory Of Arunachal, 1986 AIR 991, 1986 SCR (1) 590
12
Manubhai Pragaji Vashi vs State Of Maharashtra And Ors. on 19 August, 1988, AIR 1989 Bom 296, (1989) 91
BOMLR 13, 1989 MhLJ 344
13
Article 22(1) of The Constitution of India
14
Hansraj And Ors. vs State on 15 May, 1956, AIR 1956 All 641, 1956 CriLJ 1267
applied to them. It was agreed that Article 22(1) had been broken under these circumstances.

While Article 39-A of the Directive Principles of State Policy provides for the provision of free
legal aid to indigent people, the Indian Constitution does not expressly recognize the right to free
legal aid as a fundamental right. Equal justice and free legal assistance are guaranteed by Article
39-A15. The state must make sure that the judicial system functions in a way that guarantees equal
justice for all. It alludes to justice that upholds the law. The state's primary concern in a democratic
policy under the rule of law should be a decent legal framework.

According to Section 303, "Any person accused of a crime in a Criminal Court, or against whom
charges are instituted under this Code, may of right be defended by a pleader of his choice 16." In
these situations, Section 304 provides free legal representation to those who have been charged
with a crime. It says that "where the accused is not served by a pleader in a courtroom before the
Court of Session, and it appears to the Court that the accused lacks adequate means to engage a
pleader, the Court shall assign a pleader for his defence at the expense of the State17."
The most significant legal aid law is the Legal Service Authority Act of 1987. It creates legal
service authorities to organize Lok Adalat to secure justice, ensure that no citizen is denied the
opportunity to obtain justice due to financial or other barriers, and provide free and competent
legal services to the weaker segments of society. The law includes a number of provisions that
work towards achieving this objective. The Legal Services Amendment Act of 1994 amended the
Legal Services Authorities Act of 1987, which went into effect on November 9th, 1995.

This act's Section 12 establishes a list of citizens who are qualified for free legal assistance. At the
national, state, district, and taluka levels, this Act also aims to create the National Legal Services
Authority, State Legal Services Authority, District Legal Services Authority, and Taluka Legal
Services Authority18.

15
Article 39 A of The Constitution of India
16
Section 303 in The Code Of Criminal Procedure, 1973
17
Section 304 in The Code Of Criminal Procedure, 1973
18
Section 12 of the Legal Services Authority act
 THE PANDEMIC AND LEGAL AID IN INDIA
Although the lockdown forced the courts to withdraw and operate online, justice cannot be denied.
Only those who are at least literate can afford and access justice administration in these times.
Communities that are poor and marginalised have been seen to be denied fundamental human
rights. Numerous fundamental rights were being violated, but in order to challenge them, lawyers
and courts must step in, which was not a requirement at the beginning of the pandemic for the
operation of state functions.19 The struggle for justice for the poor and marginalised is also at stake
because of how badly the pandemic has affected them. It has increased poverty and led to the
emergence of a new class of the poor.20

To help those for whom access to justice is difficult due to social standing and financial struggles
is a huge task for NALSA. As a result, NALSA assigns tasks to the State Legal Services Authority
and District Legal Services Authority, who carry out the duty of coordinating other legal
awareness campaigns and delivering free legal services.

The availability of resources was constrained, and generalised justice administration without
special considerations for the weaker segments of society resulted in the legal aid services being
in a compromised state, especially more recently. The budgetary allotment for the ministry of law
and justice, particularly for the NALSA, is on the decline. The grants given to NALSA in 2018
were 150 crores, but in the following years—2019, 140 crores, and 2020–2021—only 100 crores
were given to the organisation to carry out its duties21. The population is growing, and poverty is
increasing along with it, but the amount of money allocated to one of the most crucial government
agencies that ensures justice for the underprivileged is decreasing. The NALSA also holds Lok
Adalat at the district level22; it is firmly held that cutting funding for expedient dispute resolution
is no better than denying justice.

Even during the lockdown, NALSA did a commendable job of providing people with legal aid.
Whether for a remand lawyer appointment, basic legal advice, or a domestic violence case,
NALSA ensured the beneficiaries' right to free legal aid throughout the lockdown. NALSA kept

19
Unlocking Justice In The Lockdown, available at: https://www.thehindu.com/opinion/op-ed/unlocking-justice-in-
the-lockdown/article31456524.ece
20
New Class Of Poor, available at: https://theprint.in/india/new-class-of-poor-emerging-after-job-losses-in-
lockdown-95-8-bpl-slum-families-hit-study/433785/
21
Ministry of Law and Justice available at: https://www.indiabudget.gov.in/doc/eb/sbe64.pdf
22
About Us, available at: https://nalsa.gov.in/about-us/mission
the door of free legal aid open, especially for the protection of women against domestic violence,
maintenance, cruelty, and harassment.23 Protection Officers and Duty Magistrates were available
at the district levels to support the victims in enforcing their rights.24

According to NALSA statistics from April 2020, more than 11,000 prisoners awaiting trial were
released from jails in more than 200 districts to avoid overcrowding during the lockdown.25
NALSA and District Legal Services Authorities also assembled a team of panel solicitors and
paralegal volunteers to provide food, masks and other essentials to the underprivileged migrant
worker. Domestic abuse was on the rise during the lockdown, but it's important to remember that
in our nation, poor women in particular hardly ever report cases of domestic abuse.26

By coordinating the One Stop Centre's27 and SLSA's efforts to protect women's rights, NALSA
has undertaken a thorough investigation into the rising number of domestic violence cases. Even
during the pandemic, NALSA was able to dispose of pre-litigation and pending cases in an
impressive and cost-effective manner through the use of Lok Adalat as an ADR mechanism. This
was done by facilitating the service through a virtual platform called e-Lok Adalat. According to
the statistics, approximately 33 e-Lok Adalat have been held in 17 States, with 5.41 lakh cases
being accepted and 3 lakh cases being resolved, settling for a total of Rs. 2918.00 cr.28 All of this
demonstrates that citizens continued to receive legal aid even during a lockdown, but one might
wonder if all the statistics accurately reflect the situation.

As a result, those in positions of privilege could hire well-known solicitors to represent them in
court via modern video conferencing technology, while the underprivileged had to wait for the
courts to open physically.29 Given the evils of ignorance and poverty, there is still a pressing need
to increase legal literacy among the populace.

23
Legal Aid in India Amid the COVID-19 Lockdown,
available at: https://www.jurist.org/commentary/2020/05/agrawal-mishra-india-legalaid/
24
Legal Issues Arising During Pandemic, available at: https://nalsa.gov.in/notifications/35
25
11,077 undertrials freed to decongest jails following COVID-19: NALSA, available
at: https://www.thehindu.com/news/national/11077-undertrials-freed-to-decongest-jails-following-covid-19-
nalsa/article31350752.ece
26
NCW Records Sharp Spike In Domestic Violence Amid Lockdown, available
at: https://www.thehindu.com/news/national/ncw-records-sharp-spike-in-domestic-violence-amid-
lockdown/article31835105.ece
27
One Stop Centre Scheme, available at: https://wcd.nic.in/sites/default/files/OSC_G.pdf
28
Department of Justice-Year End Review 2020, available
at: https://pib.gov.in/PressReleseDetail.aspx?PRID=1684945
29
The Judiciary in Lockdown available at: https://www.theleaflet.in/the-judiciary-in-lockdown/
 OBSTACLES TO LEGAL AID IN INDIA
According to the Indian Express, the facts indicate that the majority of the population is illiterate
and unaware of their protected rights (8.4 crores 84 million Indians are poor, while India continues
to be home to 313 million illiterates).
1. Lawyers cannot be compelled: It is an undeniable fact that the attorneys providing pro
bono assistance are not the public prosecutor, so it is entirely up to their individual decision
whether to proceed with the case. Neither can they be pressured nor compelled to do so.
Although on numerous occasions the admirable work of many lawyers helping the
underprivileged section of society by providing them with pertinent legal assistance
without charge has not been given any deserving recognition.
2. Legal Aid Statistics in India: There is a State Legal Services Authority in each state. In
India, there were 50,394 panel advocates (46,385 district + 4,009 high court) as of March,
2023. According to a 2018 study by the Commonwealth Human Rights Initiative, Indi has
five legal aid lawyers per 100,000 people, or one lawyer for every 18,609 people.

3. Funding Legal Aid: According to a 2018 Commonwealth Human Rights Initiative

study30 that included 29 states and seven Union Territories, India has one of the lowest
per capita legal aid expenditures in the world at Rs 0.75. According to Tata Trusts' India
Justice Report 202031, the country spent Rs 1.05. per person on legal aid in 2019–20.

30
CHRI Legal Aid Report Hope Behind Bars Volume 1
31
TataTrust Overall Report January 26,2020
4. Lack of power to Lok Adalat: Compared to civil courts, Lok Adalats have lesser powers.
First, there aren't enough formalities. The parties cannot be forced to appear for the
proceedings in this case, so. There is frequently a delay in the resolution when one of the
parties does not show up for the hearing.

SCOPE FOR IMPROVEMENTS

• Education and Awareness: To raise awareness about human rights and programmes that
provide free legal aid to those in need, there should be a massive organisation of legal aid
clinics and Lok Adalats. To educate residents of various underdeveloped areas about their
rights and the law and to persuade them to choose free legal services by resolving disputes
through ADR, Lok Adalats, etc., entitlement centres should be established there.
Establishing an intended interest group before launching informative projects or
educational sessions in print or online media requires a prior strategy because it will help
drive significant traffic. Other developed nations have 2-year or 5-year missions to educate
people about the law and their rights. India can also announce a five-year plan to inform
people of their legal rights and obligations.
• Better Remunerations to lawyers: Due to their disinterest in providing free legal services
and expectation of payment in the form of a set fee, it is difficult to find a good lawyer
representation today. So, instead of appearing in court or representing an accused person
without payment, the government or courts should pay their solicitors more. The provision
of rewards, certificates, letters of recommendation, and compensation to solicitors and
paralegals is necessary as it serves as a motivating factor for volunteer services. Incentives
must be given on time.
 • Role of Judiciary: Legal Aid should receive more attention from the judiciary because it
is crucial in the current environment, where the gap between the wealthy and the poor is
growing wider by the day. And when free legal aid is used as a key tool in enacting
distributive justice, social and structural discrimination against the poor will be eliminated.
There are numerous laws and precedents that support the right to free legal aid, but their
ineffective application has made them appear to the general public to be a myth. In order
to make legal aid in the country a reality rather than just a myth in the minds of the
countrymen, one should therefore focus on effective and proper implementation of the
laws that are already in place rather than passing new legislation.
• To expedite the process of compromise between the parties to the case and ensure that the
matter is resolved without the need for further appeal, Legal Aid institutions at all levels
should use appropriate ADR techniques when providing legal assistance.

CONCLUSION
In conclusion, this paper has shed light on the significance of legal aid in India, highlighting both
its achievements and drawbacks while offering valuable recommendations for improvement. The
achievements of legal aid in India cannot be undermined, as it has played a crucial role in ensuring
access to justice for marginalized and underprivileged sections of society. It has helped bridge the
justice gap and empower individuals to exercise their rights, fostering a more equitable and
inclusive legal system.

However, this paper has also identified several significant drawbacks that need to be addressed.
The inadequate funding and resource allocation, limited reach and awareness of legal aid services,
bureaucratic hurdles, and lack of coordination among stakeholders have hampered the
effectiveness and efficiency of legal aid in India. These challenges have resulted in a gap between
the ideal and the ground reality, preventing many deserving individuals from accessing justice.

To overcome these limitations, it is imperative that the Indian government and relevant authorities
take concrete steps to strengthen and revamp the legal aid system. First and foremost, there should
be increased funding and resource allocation to ensure the availability of quality legal aid services
across the country. Additionally, efforts should be made to enhance public awareness about legal
aid schemes and their benefits, employing various mediums such as mass media, community
outreach programs, and digital platforms.
Moreover, streamlining administrative procedures, reducing bureaucratic red tape, and fostering
better coordination among legal aid providers, judiciary, and other stakeholders are crucial for an
efficient and responsive legal aid system. Training and capacity-building programs should be
implemented to enhance the skills and knowledge of legal aid professionals, ensuring a higher
standard of representation and assistance.

Furthermore, embracing technology and digitization can revolutionize legal aid delivery, making
it more accessible, efficient, and cost-effective. Mobile applications, online portals, and virtual
platforms can be utilized to connect individuals with legal aid providers and enable remote
consultations, reducing geographical barriers.

In conclusion, while legal aid in India has achieved significant milestones in promoting access to
justice, there is still work to be done. By addressing the drawbacks and implementing the
recommendations discussed in this paper, India can take great strides toward creating a robust and
inclusive legal aid system. Such a system will not only enhance the overall functioning of the
justice system but also uphold the fundamental principles of equality, justice, and the rule of law.

REFERENCES
Books
1. Rao Mamta, Public Interest Litigation – Legal Aid and Lok Adalat, Eastern Book Company
(2018).
2. Mukherjee Roma, Women, Law & Free Legal Aid, Deep & Deep, (1998).

Statutes/Acts Referred
The Code of Criminal Procedure, 1973
The Civil Procedure Code, 1908
The Constitution of India
Legal Services Authorities Act, 1987
The Legal Services Authorities (Amendment) Act, 2002

Journal Papers:
1. Kushwaha, Anurag, “Effects of Economic Distress on Legal Aid Services Amid Covid-19
Pandemic in India” LexForti Legal Journal 6 (2020).
2. Koppell, G. O., “Legal Aid in India” Journal of the Indian Law Institute 8 (1966):224–251.
3. Higgins, Andrew, “Legal Aid and Access to Justice in England And India” National Law School
of India Review 26 (2014): 13–30.
4. Pye, A. Kenneth, “Recent Developments in Legal Aid in America: Lessons for India” Journal
of the Indian Law Institute 9 (1967): 153–170.
5. Koppell, G. Olive, “Abstract of The Indian Lawyer as Social Innovator: Legal Aid in
India.” Law & Society Review 3 (1968): 299–300.
6. Mallikarjun, G, “Legal Aid in India And Judicial Contribution” NALSAR Law Review 7 (2013).
7. Supriyo Routh, “Providing Legal Aid: Some Untried Means” Journal of the Indian Law
Institute 50 (2008).

Websites

https://www.academia.edu/36325912/Legal_Aid_and_Awareness_in_India_Issues_and_Challen
ges?auto=download

http://www.legalserviceindia.com/legal/article-82-legal-aid-and-awareness-in-india-issues-and-
challenges.html