Quality and accountability twin problems in India’s legal aid scheme: Report

Quality and accountability twin problems in India’s legal aid scheme: Report

News

The study conducted by the Commonwealth Human Rights raises concern about free legal aid in India.

Important Facts

1. Constitutional Provision

Article 22 of the Indian Constitution guarantees an arrestee the right to have a lawyer

2. About Free legal services Scheme

It entail the provision of free legal aid in civil and criminal matters for those poor and marginalized people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority

3. In its report tilted “Hope Behind Bars” it has raised various concern and challenges

The per capita spending by government in providing legal aid is lowest in the India.

E.g. the per capita spending in Australia is $23, Argentina $17 and in India Rs 0.75.

• The lawyers are paid below the market average.
• The scheme has failed to attract competent lawyers.
• Delay and variability in assigning the lawyer to the application for legal aid.

E.g  Rajasthan takes 48 days while Andhra Pradesh takes less than one day for lawyer allocation.

• There are large discrepancies across states in legal aid to people in custody.
• The scheme is hobbled by lack of quality and lack of accountability.
• Lack of  national scheme for legal aid at the police station

4. Way forward

Greater consultation between the civil society, law schools, lawyers and the government legal services authorities for resolving the shortcoming in scheme