Enhancing legal aid access
An essential element of this initiative is a fundamental right it offers to underprivileged individuals, particularly those who have been languishing in jails for extended periods due to their inability to afford legal representation. In many instances, individuals are either wrongfully accused of crimes they cannot afford to defend themselves against or are trapped in prolonged legal battles. As a result, a large number of people in such circumstances are denied meaningful access to justice.
While this initiative is a step in the right direction, a key concern remains the quality of legal representation. Although legal aid guarantees the opportunity for representation to members of the disadvantaged sections of society, it does not necessarily ensure access to experienced and competent lawyers.
In many cases, individuals who receive free legal assistance may be represented by lawyers with limited experience. These lawyers, although appointed to District Legal Empowerment Committees supported by the IJCP through the 'Access to Justice Development Fund' (which covers lawyers' fees, court charges, copying costs, process fees, and other expenses), may lack the expertise required for a given field of law.
This situation becomes particularly problematic in cases that demand specialized knowledge of the law. The result of inadequate legal representation could be wrongful convictions, disproportionate sentences, or even the irreversible consequence of a death sentence in the case of criminal trials.
Therefore, it is critical not only to ensure that indigent litigants have access to the legal process, but also the quality of legal representation they receive. The system must ensure that those, who can least afford it, do not have their chances of a fair trial compromised by subpar representation.
To effectively address this issue, it is important that legal aid lawyers are well-trained and adequately resourced. This could include offering specialised training programmes for public defenders to build their capacity and expertise, particularly in areas where the need for skilled legal support is the greatest. In addition, while the financial assistance for each litigant has been modestly increased from Rs. 40,000 to Rs. 50,000, it is insufficient to attract good lawyers.
It would be beneficial to improve the quality of pro bono work by fostering partnerships between the government, law schools, and non-profit organizations. Legal aid can best serve its purpose if it ensures that individuals, especially those from marginalized backgrounds, are not just represented in court, but represented well. In this regard, improving both access and quality will be essential for the success of LJCP's initiative.
Copyright Business Recorder, 2025
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