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Trending: Call for Papers Volume 6 | Issue 1: International Journal of Advanced Legal Research [ISSN: 2582-7340]

CONVERGENCE IN THE PRACTICE OF LEGAL AID TO IMPROVE ACCESS TO JUSTICE: A STUDY WITH SPECIAL REFERENCE TO BHILWARA DISTRICT OF RAJASTHAN – Shashank Shekhar Singh & Dr. Vishwa Deepak Bhatnagar

ABSTRACT

The present study evaluates the status and performance of free legal aid services in Rajasthan. Using secondary data from 2018 to 2024, it assesses settlement rates, case resolutions, and gaps in service coverage. The results show a significant increase in legal literacy camps, legal aid beneficiaries, and case resolutions. Legal aid for women rose, while for SC and ST groups, it saw declines. Legal Aid Clinics exhibited high settlement rates. Lok Adalats also demonstrated growing efficiency, with a sharp rise in cases disposed off and settlement amounts. Despite the free legal aid services continue to expand and address backlogs, it faces several challenges, which hinder the expansion and effectiveness of programs. Therefore, to enhance legal literacy and aid, digital platforms may be used to reach marginalized communities, and legal aid programs may be tailored for specific groups like people with disabilities. Strengthening legal aid clinics, optimizing Lok Adalats, collaborations with NGOs, educational institutions, and media campaigns can further boost outreach and awareness.

Keywords: Status, Performance, Free legal aid, Lok Adalat, Clinics

INTRODUCTION

Legal aid refers to providing free legal services to those who cannot afford the assistance of a lawyer to conduct a case or legal proceedings in any court, tribunal, or before an authority. It is a system designed to ensure that no one is denied professional legal help due to financial constraints. The primary objective is to make justice accessible to the poor, marginalized, and vulnerable sections of society. In this regard, Justice P.N. Bhagwati aptly remarked that (Bhagwati, 1971):

“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.”[1]

Legal aid must be made accessible to the poor and needy by establishing a system of government funding for those unable to afford the cost of litigation. The purpose of legal aid is to ensure that the constitutional promise of justice is upheld in both letter and spirit, making equal justice available to the poor, marginalized, and vulnerable segments of society. It is important to note that the Constitution of India mandates the State to ensure that the operation of the legal system promotes justice based on equal opportunity. Specifically, it requires the provision of free legal aid through appropriate laws, schemes, or other means to ensure that no citizen is denied access to justice due to financial or other disabilities. The Constitution further compels the State to guarantee equality before the law and a legal system that promotes justice on the basis of equal opportunity for all (Articles 14 and 22(1) of the Indian Constitution).

According to the Cambridge Advanced Learner’s Dictionary, “Legal Aid” refers to a system that offers free legal advice and practical assistance for individuals who cannot afford to pay for legal services. Traditionally, legal aid is understood as financial support provided to someone who wants to defend or assert their rights in court but cannot afford to do so due to financial limitations. Thus, the general meaning of “Legal Aid” involves offering legal support, social security, and a system designed to help disadvantaged individuals assert their legal rights through the legal process.

[1]P.N. Bhagwati, Legal Aid as a Human Right (1971).