Ensuring Access to Justice: A Critical Study of Legal Aid Mechanisms in India

  • Abhyudaya Tiwari and Aradhana Yadav
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  • Abhyudaya Tiwari

    Student at Amity Law School, Amity University Lucknow Campus, India

  • Aradhana Yadav

    Assistant Professor at Amity Law School, Amity University Lucknow Campus, India

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Abstract

Access to justice is a fundamental right enshrined in the Indian Constitution, particularly under Article 39A, which mandates the state to provide free legal aid to ensure that justice is not denied to any citizen by reason of economic or other disabilities. This dissertation presents a comprehensive examination of the legal aid framework in India, with a focus on its statutory, institutional, and judicial dimensions. It analyzes the evolution and implementation of the Legal Services Authorities Act, 1987, and evaluates the role played by Legal Services Institutions and Lok Adalats in delivering accessible justice, particularly to the marginalized and economically disadvantaged sections of society. The study critically examines the shortcomings and systemic challenges that continue to hinder the effective realization of legal aid services, including issues of awareness, government apathy, reluctance of legal professionals, and structural inefficiencies. Drawing from judicial pronouncements, empirical observations, and policy evaluations, this research highlights the gap between constitutional promises and on-ground realities. The dissertation proposes several reforms aimed at strengthening the legal aid system, such as improved funding mechanisms, better advocate accountability, integration of legal education with aid initiatives, and broader public awareness strategies. It emphasizes that legal aid should not be viewed as charity but as a constitutional obligation and a crucial instrument in upholding the rule of law and social justice in a democratic society. The findings and recommendations aim to contribute meaningfully to policy discourse and promote a more inclusive, responsive, and equitable legal framework in India.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 3361 - 3418

DOI: https://doij.org/10.10000/IJLMH.119391

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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