Access to justice is a fundamental right, not a privilege. Yet for millions of citizens in India, the high cost of legal representation often becomes a barrier to justice. This is where the Right to Legal Aid steps in—a right guaranteed under the Constitution of India and reinforced by various legislations.
What is Legal Aid?
Legal aid means providing free legal services to those who cannot afford them. This includes assistance in court proceedings, representation by a lawyer, preparation of legal documents, and advice on rights and remedies.
The Constitutional Mandate
- Article 39A of the Constitution directs the State to ensure that justice is not denied to any citizen due to economic or other disabilities.
- This mandate is carried out through the Legal Services Authorities Act, 1987, which established a nationwide framework for free legal aid.
Who is Eligible?
Under the Act, free legal aid is available to:
- Women and children
- Scheduled Castes and Scheduled Tribes
- Victims of human trafficking and begar (forced labor)
- Persons with disabilities
- Industrial workmen
- Persons in custody (including prisons or protective homes)
- Individuals with annual income below a prescribed limit set by state authorities
Where to Approach?
- National Legal Services Authority (NALSA) – apex body coordinating legal aid across India.
- State and District Legal Services Authorities (SLSA/DLSA) – available in every state and district.
- Legal Aid Clinics – often set up in universities, community centers, and even villages.
Why It Matters
- Prevents exploitation of the poor and marginalized.
- Ensures equality before law as promised under Article 14 of the Constitution.
- Strengthens democracy by making justice accessible and affordable.
A Real-World Example
In the landmark case Hussainara Khatoon v. State of Bihar (1979), the Supreme Court held that the right to free legal aid is part of the fundamental right to life and liberty under Article 21.
What You Can Do
- If you or someone you know is unable to afford a lawyer, reach out to your nearest Legal Services Authority.
- Many states also provide helplines and online application portals for legal aid requests.
Remember: Justice delayed is justice denied, but justice unaffordable is justice denied too. Knowing and exercising your right to legal aid ensures that the scales of justice remain balanced for all citizens.