Free Legal Aid and Justice Essay Sample
Supplying aid to people to entree the justness system is one of the cardinal maps of every public assistance province. It is really indispensable to the State to supply legal aid to the people who are otherwise unable to entree the tribunal and jurisprudence. The really basic ground behind the incorporation and establishing of this thought is that no 1 would hold been denied justness due to his poorness or economical retardation. India attained the independency and became a democracy by following a separate written fundamental law in which all and every maps and liabilities of the State is clearly established. As stated in the Constitution it’s the responsibility of the State to supply legal aid to the hapless and destitute people who are incapacitated before the jurisprudence.
The Free Legal assistance is therefore inevitable to guarantee the ‘Equality before the law’ . ‘right to counsel’ and ‘right to a just trial’ . The authorities ready to supply the legal assistance to all who are eligible. But supplying the Legal Aid can non be done and is non possible without any demand or seeking from the people. So to achieve free legal assistance. it is indispensable for the people to be cognizant of the being of the same. The authorities has done more things to leave the consciousness of free legal assistance. But how far all those were reached the populace is still a inquiry to be tested. The societal. cultural. economic and geographical disparity among the people plays a major and important function on the attainment of the thing available in the society. Thus the system of free legal assistance is non an exclusion to this general rule as the people populating in metropolitan may hold more chances to entree the free legal assistance and to be cognizant of the same. Taking this into consideration the non doctrinal work has been initiated.
Aim
1. To happen out the consciousness among the populace about the free legal-aid in Metropolitan and Non-metropolitan ; 2. To happen out how far the free legal-aid has reached the populace in Metropolitan and Non-metropolitan ; 3. To root out the grounds behind the inequality of making the free legal-aid ; 4. To make consciousness among the people about the free legal-aid.
FORMULATION OF PROBLEM
One of the primary maps of the State is to settle differences by rendering justness without any prejudice. The economical place of the person is a major factor to entree the bench of the State. But the economical or geographical factor would non be a ground for inaccessibility of the justness. In other words. no 1 should be denied justness simply on the land of his economical place. Hence it is the responsibility of the State to supply aid to entree the legal system non merely to render justness but besides to keep the religion of public on the bench. This was the ground behind the birth of free legal-aid. Thus the system of free-legal assistance is a gift given by the State to its topics. But on implementing/providing. it must be available to all the citizens every bit without any sort of disparities.
The success rate of free legal-aid depends upon the consciousness among the populace and equal chances of the same. Metropolitans. every bit good developed and deep cornered by all. has more figure of chances and the people populating in these fortunes may hold little more cognition and excess sensitive on these types of installations provided by the State. comparing with those populating in Non-Metropolitans. Here the job is. whether the Metro people are relatively more cognizant ( of free legal-aid ) than the people of Non-Metros? Whether the handiness ( of free legal-aid ) is far higher in the Metros comparison with the Non-Metros? If so. is this a just one? Then what would be a redress to bring around this? HYPOTHESIS
The system of free legal-aid is making the people populating in metropolitan metropoliss instead than the people populating in non-metropolitan metropoliss. In this socio-legal research. the below stated hypothesis are formulated to test- 1. Free legal-aid and cognition are associated.
2. Awareness and engagement are associated.
3. Area and appraisal are associated.
Chapter II
Legal Commissariats associating to Free Legal-Aid
Any sort of activities done by the State must be enabled with appropriate legal commissariats. In other words legal agreements are compulsory to supply aid or privileges in justness system. The legal commissariats for the free legal assistance can be traced from the parent jurisprudence of the land. the Constitution itself. Article 14 and 22 ( 1 ) of the fundamental law make it obligatory for the State to guarantee equality before jurisprudence and a legal system which promotes justness on the footing of equal chance to all. However the importance of free legal assistance was felt merely after the 1970s. In the twelvemonth 1942. a major amendment took topographic point in the Constitution of India. By that amendment. the Article 39A was inserted into the Chapter IV of the Constitution viz. . the Directing Principles of State Policies. which reads as follows: Equal justness and free legal aid-
“The State shall procure that the operation of the legal system promotes justness. on a footing of equal chance. and shall. in peculiar. supply free legal assistance. by suited statute law or strategies or in any other manner. to guarantee that chances for procuring justness are non denied to any citizen by ground of economic or other disablements. ”
Then the Criminal Procedure Code 1973 trades about the free legal assistance in subdivision 304 as follows:
“The accused is non represented by a advocate. and where it appears to the tribunal that the accused has non sufficient agencies to prosecute a advocate. the tribunal shall delegate a advocate for his defense mechanism at the disbursal of the State. ” Then in the twelvemonth 1987. the Government of India enacted separate Act for the intents of the free legal assistance merely. That Act known as. the Legal services authorization Act. 1987 which came into force from 9th November 1995. The aims of the Act was. to set up a countrywide uniform web for supplying free and competent legal services to the weaker subdivisions of the society on the footing of equal chance. The National Legal Services Authority ( NALSA ) has been constituted under the Legal Services Authorities Act. 1987 to supervise and measure execution of legal services available under the Act. In every State. a State Legal Services Authority and in every High Court. a High Court Legal Services Committee has been constituted.
District Legal Services Authorities and Taluka Legal Services Committees have been constituted in the Districts and most of the Talukas in order to give consequence to the policies and waies of the NALSA and to supply free legal services to the people and behavior Lok Adalats in the State. The State Legal Services Authorities are chaired by Hon’ble Chief Justice of the several Districts and the Taluk a Legal Services Committees are chaired by the Judicial Military officers at the Taluka Level. Supreme Court Legal Services Committee has been constituted to administrate and implement the legal services plan in so far as it relates to the Supreme Court of India. Furthermore to this the apex tribunal of India. the Supreme Court has ruled about the free legal assistance in many instances by which it has given assorted steps and suggestions in regard of the free legal assistance which has binding nature and can be cited as case in points. The of import among those are as follows- “The constitutional responsibility to supply legal assistance arises from the clip the accused is produced before the Magistrate for the first clip and uninterrupted whenever he is produced for remand. ” – Khatri II vs. State of Bihar. ( 1981 ) . 1SCC ; 1981 SCC ( Cri ) 228 ;
“A individual entitled to appeal against his/her sentence has the right to inquire for a advocate. to fix and reason the entreaty. ” -Madav Hayavadanrao Hoskot vs. State of Maharashtra ( 1978 ) 3 SCC544 ;
“The constabulary must inform the nearest legal assistance commission about the apprehension of a individual instantly after such apprehension. ” -Sheela Barse vs. State of Maharashtra Thus it has become compulsory on the portion of the State to supply free legal assistance to the hapless and destitute people of the society.
Chapter III
Cognition
Free legal-aid and cognition are associated:
The cognition of the people is one of the basic grounds to avail or entree the chances. The success of the system of free legal assistance depends upon the cognition of the people. Here people populating in tube might hold more cognition than that of their opposite numbers on the non-metros which forms portion on the difference in the success rate of free legal-aid on the both portion. Thus cognition of the people plays a critical function in the use of the free legal-aid.
In this socio – legal Research the questionnaire has been distributed among the public both in Metropolitan and Non-metropolitan and their responses were collected and interpreted severally. To entree the cognition there are five inquiries framed in the said questionnaire. Out of 100 respondents 60 are from the Metropolitan and the staying 40 are from the Non-Metropolitan. Engagement of Metropolitan and Non-Metropolitan qualified
The responses sing free legal-aid in Metropolitan and Non-Metropolitan can be seen in the chart given below:
In this study. the above chart explains the per centum of cognition about the free legal-aid. In Metropolitan. the higher cognition is 36 % and lower cognition is 24 % amounting to the sum of 60 % whereas in Non-Metropolitan. the higher cognition people is 23 % and lower cognition is 17 % amounting to the sum of 40 % .
CONTINGENCY TABLE
Free legal-aid and knowledge|Higher knowledge|Lower knowledge|Total| Metropolitan|36|24|60|
Non-Metropolitan|23|17|40|
Total|59|41|100|
EXPECTED VALUE
Tocopherol = ( Row sum for the row of that cell ) Ten
( Colum sum for the column of that cell )
Grand Total
1. Metropolitan Higher knowledge59X60/100=35. 40
Lower cognition 41X60/100=24. 60
2. Non-MetropolitanHigher knowledge59X40/100=23. 60
Lower knowledge41X40/100=16. 40
Calculation of X2
Groups|Observed|Expected| ( O-E ) | ( O-E ) 2| ( O-E ) 2 / E|
MetropolitanHigher K|36|35. 40|1. 40|1. 96|0. 0553|
Lower K|24|24. 60|-0. 60|0. 36|0. 0146|
Non-MetropolitanHigher K|23|23. 60|-0. 60|0. 36|0. 0152|
Lower K|17|16. 40|1. 40|1. 96|0. 1195|
Total|100|100|||0. 2046|
X2 = E ( O-E ) 2 / E=0. 2046
Therefore grades of freedom in this instance
R = No. of rows= ( r-1 ) ( c-1 )
C = No. of column= ( 2-1 ) ( 2-1 )
=1 X 1 = 1
This Table value of X2 value for 1 Degrees of Freedom at 5 % degree of significance is 3. 841. The Calculated value of X2 is 0. 2046 is much less than this Table value. So. the Consequence of Experiment supports the Hypothesis.
Chapter IV
Engagement
Awareness and Involvement are associated:
In this socio – legal Research 100 Respondents are selected and the inquiries are administered to them. There are five inquiries test the consciousness of the respondents. Out of 100 respondents 60 respondents are in Metropolitan and 40 are from Non-Metropolitan countries. Engagement of Metropolitan and Non-Metropolitan qualified
Out of 100 respondents. portion 1 denotes metropolitan who constitute 40 % and portion 2 denotes Non-Metropolitan who constitutes 60 % .
The responses sing consciousness in Metropolitan and Non-Metropolitan can be seen in the chart given below:
In this study. the above chart explains the per centum of Engagement about the consciousness. In Metropolitan. the higher Involvement is 33 % and lower Involvement is 27 % amounting to the sum of 60 % whereas in Non-Metropolitan. the higher Involvement people are 24 % and lower Involvement is 16 % amounting to the sum of 40 % .
CONTINGENCY TABLE
Awareness and Involvement |Higher Involvement|Lower Involvement|Total| Metropolitan|33|27|60|
Non-Metropolitan|24|16|40|
Total|57|43|100|
EXPECTED VALUE
Tocopherol = ( Row sum for the row of that cell ) Ten
( Colum sum for the column of that cell )
Grand Total
1. Metropolitan Higher Involvement57X60/100=34. 20
Lower Involvement 43X60/100=25. 80
2. Non-MetropolitanHigher Involvement57X40/100=22. 80
Lower Involvement43X40/100=17. 20
Calculation of X2
Groups|Observed|Expected| ( O-E ) | ( O-E ) 2| ( O-E ) 2 / E|
MetropolitanHigher I|33|34. 20|-1. 20|1. 44|0. 0421|
Lower I|27|25. 80| 2. 80|7. 84|0. 3038|
Non-MetropolitanHigher I|24|22. 80|2. 80|7. 84|0. 3438|
Lower I|16|17. 20|-1. 20|1. 44|0. 0837|
Total|100|100|||0. 7734|
X2 = E ( O-E ) 2 / E=0. 7734
Therefore grades of freedom in this instance
R = No. of rows= ( r-1 ) ( c-1 )
C = No. of column= ( 2-1 ) ( 2-1 )
=1 X 1 = 1
This Table value of X2value for 1 Degree of Freedom at 5 % degree of significance is 3. 841. The Calculated value of X2 is 0. 7734 is much less than this Table value. So. the Consequence of Experiment supports the Hypothesis.
Chapter V
Appraisal
Area and Assessment are associated:
In this socio – legal Research 100 Respondents are selected and the inquiries are administered to them. There are five inquiries to prove the Area of the reapondents. Out of 100 respondents 60 respondents are in Metropolitan and 40 are from Non-Metropolitan countries.
Engagement of Metropolitan and Non-Metropolitan qualified
Out of 100 respondents. portion 1 denotes Metropolitan who constitute 40 % and portion 2 denotes Non-Metropolitan who constitute 60 % .
The responses sing Area in Metropolitan and Non-Metropolitan can be seen in the chart given below:
In this study. the above chart explains the per centum of Assessment about the country. In Metropolitan. the higher Assessment is 32 % and lower Assessment is 28 % amounting to the sum of 60 % whereas in Non-Metropolitan. the higher Assessment people are 19 % and lower Assessment is 21 % amounting to the sum of 40 % .
CONTINGENCY TABLE
Area and Assessment |Higher Assessment|Lower Assessment|Total| Metropolitan|32|28|60|
Non-Metropolitan|19|21|40|
Total|51|49|100|
EXPECTED VALUE
Tocopherol = ( Row sum for the row of that cell ) Ten
( Colum sum for the column of that cell )
Grand Total
1. Metropolitan Higher Assessment 51X60/100=30. 60
Lower Assessment 49X60/100=29. 40 2. Non-MetropolitanHigher Assessment51X40/100=20. 40
Lower Assessment49X40/100=19. 60
Calculation of X2
Groups|Observed|Expected| ( O-E ) | ( O-E ) 2| ( O-E ) 2 / E|
MetropolitanHigher A|32|30. 60|2. 60|6. 76|0. 2209|
Lower A|28|29. 40| -1. 40|1. 96|0. 0666|
Non-MetropolitanHigher A|19|20. 40|-1. 40|1. 96|0. 0960|
Lower A|21|19. 60|2. 60|6. 76|0. 3448|
Total|100|100|||0. 7283|
X2 = E ( O-E ) 2 / E=0. 7283
Therefore grades of freedom in this instance
R = No. of rows= ( r-1 ) ( c-1 )
C = No. of column= ( 2-1 ) ( 2-1 )
=1 X 1 = 1
This Table value of X2 value for 1 Degree of Freedom at 5 % degree of significance is 3. 841. The Calculated value of X2 is 0. 7283 is much less than this Table value. So. the Consequence of Experiment supports the Hypothesis.
Chapter VI
Decision
In the present state of affairs the free legal-aid is an effectual and inevitable tool to render justness to all categories of people which is a constitutional end and a responsibility of the State. Thus the free legal-aid has become an unalienable right of the eligible people. The Non-doctrinal research has been initiated to happen out. the consciousness and success rate of the free legal-aid based on the country of the people shacking. in other words. to happen out whether the country plays any function in achieving the free legal-aid or non. From the result of this research we can come to a decision that the system of free legal-aid is more popular and more successful in Metropolitan than that of Non-metropolitan. because of the consciousness and cognition of the several people. It’s my experience on the class of my research plan that many people in Non-metropolitan countries asked me. ‘what is really Lok adalat? ’ . whether there is truly an authorization? ( NALSA ) ’ and ‘is it possible to hold a free legal assistance at tribunals? ’ . whereas Metro people are free and loosen up while make fulling the questionnaires I’ve given and they’ve crossed me in some topographic points such as on the inquiries sing ‘Lok adalat’ and ‘National legal services authority’ . Therefore there are still more figure of people in Non-metropolitan without such basic consciousness. Its non merely on the portion of the State but besides on their ain.
