The theme of social justice or committed justice will not be able to change the fate of the poor or downtordden until and unless out outlook is changed and we reorient our thinnking process in the light of new constitutional value. New concept is that when a poor litigant is compelled to contest the case against a rich person, he should not only be given financial aid with advice and assistance in settlement of disputes by negotiation, concilliation, compromise, arbitration or any other suitable means. Preamble of the constitution of India aims at giving justice-social, economic and political to every citizen of India. It also furnishes equality before law and equal protection of law, irrespective of any caste, creed, descent, race , religion, wealth or status.
In India, there are constitutional and other legal provisions relating to free legal aid to the poor.
1.All the objectives relating to the justice enshrined in the Preamble of the Constitution of India can only be realised by way of free legal aid to the poor. if the fundamental rights, sanctioned under articles 14,19,21, provided in favour of the citizens of India are violated, the constiutional remedies are meaningless untial and unless the poor litigant is provided with proper help. Article 39-a was inserted(through 42nd amendment) in the constitution, providing for social justice and free legal aid, which enshrines, ” The state shall secure that the operation of the legal system promotes justice on the basis of equal opportunity and shall in particular provide free legal by suitable legislation”.
2. Order 33 cpc allows to file the suits by indigent persons without paying any fee prescribed by law. Under order 33 rule 18 cpc it is provided that subject to the provisions of this order , the central govt. or state govt was empowered to make supplementary provisions providing free legal services to indigent persons.
3.In the prosecutions under sec 302 ipc the poor accused persons are allowed free defence counsels.
4.There are provisions in the Advocate Act, 1966 which are helpful for encouraging fee legal aid to poors.
5.In the compliant filed under the consumer protection act,1986 no ad valorem court-fee is levied on the parties.
6.Rajasthan legal aid rules,1984 were passed according to which the following persons were made eligible for legal aid:- a) the person whose yearly income is not more than rs.50000 b)he/she is member of scheduled caste/tribe. c)when no maintenance allowance is given to the wife by her husband or when the lady has been facing with the litigation regarding abduction, kidnapping, dowry or rape; d) when divorced or married muslim woman wants to realise the amount of mehar. e) where the child below the age of 16 years is accused in a criminal case; and convicts and under trail prisoners are also entitled to take benefit of legal aid.
Rajasthan High court and its subordinate courts are embarking upon free legal aid programmes according to object and spirit of the aforesaid Rajasthan legal aid rules. Legal literacy camps are also organised to educate the public at large to know about their rights regarding free legal aid in which judicial officers and advocates come forward to teach and help the poor and down-trodden people. Some universities have also shown their interests to implement legal aid scheme.
