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The Right to Legal Aid The Right to Legal Aid is an integral right which has been a part of the

essential fabric of the human civilization since times immemorial. The Encyclopaedia Brittanica defines legal aid as the professional legal assistance given, either at no charge or for a nominal sum, to indigent persons in need of such help. In criminal cases most countriesespecially those in which a person accused of a crime enjoys a presumption of innocenceprovide the services of a lawyer for those who have insufficient means of their own1. Lord Denning while observing that Legal Aid is a system of government funding for those who cannot afford to pay for advice, assistance and representation, said: The greatest revolution in the law since the post-second World has been the evolution of the mechanism of the system for legal aid. It means that in many cases the lawyers fees and expenses are paid for by the state: and not by the party concerned. It is a subject of such importance that I venture to look at the law about costs-as it was-as such it is-and as it should be2 . History of legal aid The Magna Carta contains the earliest reference to the concept of legal aid. Over seven centuries ago, the beginnings of equal justice under the law were marked by the inscription in the 40th paragraph of the Magna Carta: To no one will we sell, to no one will we deny or delay right or justice. Thus on the green meadows of Runnymede was sown the constitutional seed of legal aid in the modern world which has travelled to all the continents as part of civilized jurisprudence3.

Encyclopedia Brittanica <http://www.britannica.com/EBchecked/topic/334839/legal-aid> 22nd september 11:43


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What Next in the Law: Lord Denning, London Butterworths, 1982 Public Interest Litigation Legal Aid and Lok Adalats, Mamta Rao, Eastern Book Company

The international concern for human rights found expression, after the First World War in covenants of the League of Nations and further in the Declaration of Human Rights, the Conventions which followed specifically incorporated the concept of legal aid. In India since the dawn of civilization the access to justice had been considered as an integral part of civilization. Law and Religion were interlinked , which can be considered from the Sanskrit word phrase Dharma which not only meant ones religion but also refered to ones duty. It was the Kings duty not only to rule the kingdom but also dispense speedy justice. The pillars of Sarnath built by King Asoka are a mute testimony in stone to the concept of law being an integral part of the lives of rulers and their subjects. When the Mughals came to rule in India, they introduced their own system of rule. However they were open to public grievances. For instance it is said that the the mighty Mughal Emperor Akbar had a bell installed before the gates of one of his forts. Anybody who wanted his grievance to be heard could ring the bell and desire for an audience with the king. There were numerous judicial and administrative officers who were assigned various duties and who assisted in maintaining the law and order in the towns and villages and far off provinces. When the British arrived in India and began their rule, they introduced many changes in the law. Thus the concept of legal aid was reintroduced in India through English laws. The earliest Legal Aid movement appears to be of the year 1851 when some enactment was introduced in France for providing legal assistance to the indigent. In Britain, the history of the organised efforts on the part of the State to provide legal services to the poor and needy dates back to 1944, when Lord Chancellor, Viscount Simon appointed Rushcliffe Committee to enquire about the facilities existing in England and Wales for giving legal advice to the poor and to make recommendations as appear to be desirable for ensuring that persons in need of legal advice are provided the same by the State4. The present scenario

A Brief History Of Legal Aid - Author - Varun Pathak. www.legalserviceindia.com/articles/laid.htm 22nd september 17:42

The concept of right to legal aid had been incorporated into the Constitution, particularly through the Fundamental Rights. Among the Fundamental Rights the most important right is the Right to Life and Liberty, enshrined in Article 21 of the Constitution. The Right to Life includes several rights including the Right to Legal Aid5. One need not be a litigant to seek aid by means of legal aid. Legal aid is available to anybody on the road. Justice Blackmun in Jackson v. Bishop says that; "The concept of seeking justice cannot be equated with the value of dollars. Money plays no role in seeking justice6." Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability. Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society. Since 1952, the Govt. of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions. In 1960, some guidelines were drawn by the Govt. for legal aid schemes. In different states legal aid schemes were floated through Legal Aid Boards, Societies and Law Departments. In 1980, a Committee at the national level was constituted to oversee and supervise legal aid programmes throughout the country under the Chairmanship of Hon. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of India. This Committee came to be known as CILAS (Committee for Implementing Legal Aid Schemes) and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the litigants for
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Constitutional Law of India by Prof. G.S.Pande Page 228

A Brief History Of Legal Aid - Author - Varun Pathak.< www.legalserviceindia.com/articles/laid.htm> accessed on 22nd September at 17:42 p.m.

conciliatory settlement of their disputes. In 1987 The Legal Services Authorities Act was enacted to give a statutory base to legal aid programmes throughout the country on a uniform pattern. This Act was finally enforced on 9th of November 1995 after certain amendments were introduced therein by the Amendment Act of 1994. Contributions Made By Justice V.R.Krishna Iyer To The Development Of Legal Aid- Processionals Justice To Poor- A Report The contribution of justice Krishna Iyer towards the development and incorporation of the concept of legal aid in the Indian legal system has been tremendous. His report titled Processionals justice to poor has gone a step further in enabling the recognition of the poor for the purpose of giving legal aid. In a report on Free Legal Aid in 1971 Justice Bhagwati observed " even while retaining the adversary system, some changes may be effected whereby the judge is given greater participatory role in the trail so as to place poor, as far as possible, on a footing of equality with the rich in the administration of justice."7 A similar report of the Committee on Legal Aid titled "processionals justice to poor" presided over by Krishna Iyer in 1973, dealt with the nexus between law and poverty, and spoke of PIL in this context. It emphasized the need for active and widespread legal aid system that enabled law to reach the people, rather than requiring people to reach the law. The two judges joined forces as a two member committee on Judicature and released its final report in August 1977. The report while emphasizing the need for a new philosophy of legal service programme cautioned that it must be framed in the light of socio-economic conditions prevailing in the Country. It further noted that the traditional legal service programme which is essentially Court or litigation oriented, cannot meet the specific needs and the peculiar problems of the poor in our country. The report also included draft legislation for legal services and referred to Social Action Litigation.

A Brief History Of Legal Aid - Author - Varun Pathak <www.legalserviceindia.com/articles/laid.htm>last accessed on 22nd September at 17:42 p.m.

Justice Krishna Iyer was appointed as the Chairman of Committee for Legal Aid. The Committee was formulated as on the 22nd day of October 1972. The Committee after conducting sample surveys of large part of the country submitted a 275 page report to the Government on the 27th day of May, 1973. This report came to mark the cornerstone of Legal Aid development in India. The report clearly laid down that it is a democratic obligation of the State towards its subject to ensure that the legal system becomes an effective tool in helping secure the ends of social justice. He coined the word "Judicare" to cover a scheme of legal aid which brought justice to the doorstep of the lowly and which was comprehensive in its coverage. The report also made an effort to classify those categories of persons who are most in need of Legal Aid, such as the poor in general, members of Scheduled castes or tribes, people from backward regions, workers and daily wage earners, soldiers and armed force personnel, women and children, people belonging to the harijan community etc.:The 14th Law Commission Report stated the fact that if laws do not provide for an equality of opportunity to seek justice to all segments of society the have no protective value and unless some arrangement is made for providing a poor man the means to pay Court fees, advocates fees and other incidental costs of litigation, he is denied an opportunity to seek justice. Justice Krishna Iyer regarded the Legal Aid program as a catalyst which would enable the aggrieved masses to re-assert State responsibility under Part IV of the Constitution. Most social evils are an outcome or creation of poverty and the misery that comes with being poor in a country like India. At the same time it also needs to be borne in mind that the judiciary no matter however committed it may be towards uplifting the cause of the poor is ultimately bound by procedural formalities which do not take into account the misery or problems of the masses. Therefore the sufferings being so may it is not possible for the legal system to remove even few of such problems. In keeping with the same view, Justice Krishan Iyer asserted that poverty is a creation of unjust institutions and unjust society. Therefore in a country like India if you are poor you are ineffective socially as well as economically. The only way that you can then

be empowered is through radical revamping of the socio-economic structure. Such a radical change according to him could only be brought about in the form of a revolution that the legal service programme only is capable of gearing. Thus the legal aid programme aimed at revamping the socio-economic structure by way of removing the socially unjust institutions and creating a new order based upon the ethos of human liberty, equality and dignity of mankind. He realised the fact that though the system had been flagged off under the term "We the people of India" it had no longer continued in the same direction want of procedural formalities had taken precedence over the people at the cost of which justice often suffered casualties. He came to recognise the fact that the Courts of law had merely become instruments for laws sake and were not administering justice as such. However, he placed blame for the attitude of the judiciary on the colonial hangover of namely all institutional systems in the Country. This led him to express faith in the Gandhian system which professed the resolution of disputes at the grass root level through village panchayats. The expert committee appointed under the chairmanship of Justice Krishna Iyer has made significant contribution toward the development of the concept of legal aid in India. The various suggestions made by him can be summarized as under: A national legal service authority accountable to the parliament but protected from official control was recommended. Simplification of the legal procedure and an emphasis on conciliated settlement outside court has to be the policy of legal aid schemes. The report adopted the three fold test laid down for determining eligibility: Means test- to determine people entitled to legal aid Prima facie test- to determine whether there was a prima facie case to give legal aid or not Reasonableness test- to see whether the defence sought by a person is ethical and moral. In criminal proceedings the committee is not in favour of guaranteeing legal aid to habitual offenders and in cases, which essentially involve private claims. Regular arrangement for aid and advice to the undertrials was to be provided. A liberalized bail policy was to be established which was not to be dependent on financial consideration. Legal services were to be extended to investigation as well as post conviction stage. Legal services should also include rehabilitative services. In

criminal legal aid, the committee was in favour of salaried lawyers. The report also encourages payment of compensation to victims in criminal cases. Family courts should be established for women and children with women judges this is specially required in slum areas and rural villages. Public defence council should be appointed in childrens court. In backward areas, legal advice bureau should be established in each development block. The report encourages the involvement of law students in legal aid schemes particularly for preventive legal services. Public law service should be an alternative available as against the private bar and legal services authority should fix the fees payable to the lawyer. The scheme of legal aid should not be based on class or status. One need not be a litigant to seek aid by means of legal aid. Legal aid is available to anybody on the road. Justice Blackmun in Jackson v. Bishop says that; "The concept of seeking justice cannot be equated with the value of dollars. Money plays no role in seeking justice." Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability. Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society. Sec. 304, Criminal Procedure Code states: The Constitutional duty to provide legal aid arises from the time the accused is produced before the Magistrate for the first time and continues whenever he is produced for remand. While Order 33 of Civil Procedure Code, 1908 provides for filing of suits by indigent persons (persons who are too poor to pay court-fees) by allowing them to institute suits without payment of requisite court fees.

Since 1952, the Govt. of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions. In 1960, some guidelines were drawn by the Govt. for legal aid schemes. In different states legal aid schemes were floated through Legal Aid Boards, Societies and Law Departments. In 1980, a Committee at the national level was constituted to oversee and supervise legal aid programmes throughout the country under the Chairmanship of Hon. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of India. This Committee came to be known as CILAS (Committee for Implementing Legal Aid Schemes) and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes. In 1987 Legal Services Authorities Act was enacted to give a statutory base to legal aid programmes throughout the country on a uniform pattern. This Act was finally enforced on 9th of November 1995 after certain amendments were introduced therein by the Amendment Act of 1994. Contributions Made By Justice V.R.Krishna Iyer To The Development Of Legal Aid - Processionals Justice To Poor- A Report The contribution of justice Krishna Iyer towards the development and incorporation of the concept of legal aid in the Indian legal system has been tremendous. His report titled Processionals justice to poor has gone a step further in enabling the recognition of the poor for the purpose of giving legal aid. In a report on Free Legal Aid in 1971 Justice Bhagwati observed " even while retaining the adversary system, some changes may be effected whereby the judge is given greater participatory role in the trail so as to place poor, as far as possible, on a footing of equality with the rich in the administration of justice." A similar report of the Committee on Legal Aid titled "processionals justice to poor" presided over by Krishna Iyer in 1973, dealt with the nexus between law and poverty, and spoke of PIL in this context. It emphasized the need for active and widespread legal aid system that enabled law to reach the people, rather than requiring people to reach the law.

The two judges joined forces as a two member committee on judicare, released its final report in August 1977. The report while emphasizing the need for a new philosophy of legal service programme cautioned that it must be framed in the light of socio-economic conditions prevailing in the Country. It further noted that the traditional legal service programme which is essentially Court or litigation oriented, cannot meet the specific needs and the peculiar problems of the poor in our country. The report also included draft legislation for legal services and referred to Social Action Litigation. The report also made an effort to classify those categories of persons who are most in need of Legal Aid.The 14th Law Commission Report stated the fact that if laws do not provide for an equality of opportunity to seek justice to all segments of society the have no protective value and unless some arrangement is made for providing a poor man the means to pay Court fees, advocates fees and other incidental costs of litigation, he is denied an opportunity to seek justice. The expert committee appointed under the chairmanship of Justice Krishna Iyer has made significant contribution toward the development of the concept of legal aid in India. The various suggestions made by him can be summarized as under: A national legal service authority accountable to the parliament but protected from official control was recommended. Simplification of the legal procedure and an emphasis on conciliated settlement outside court has to be the policy of legal aid schemes. The report adopted the three fold test laid down for determining eligibility: (1) Means test- to determine people entitled to legal aid; (2)Prima facie test- to determine whether there was a prima facie case to give legal aid or not; (3) Reasonableness test- to see whether the defence sought by a person is ethical and moral. In criminal proceedings the committee is not in favour of guaranteeing legal aid to habitual offenders and in cases, which essentially involve private claims. Regular arrangement for aid and advice to the undertrials was to be provided. A liberalized

bail policy which was not to be dependent on financial consideration, were to be extended to investigation as well as post conviction stage. Legal services should also include rehabilitative services. In criminal legal aid, the committee was in favour of salaried lawyers. The report also encourages payment of compensation to victims in criminal cases. Family courts should be established for women and children with women judges this is specially required in slum areas and rural villages. Public defence council should be appointed in childrens court. In backward areas, legal advice bureau should be established in each development block. The report encourages the involvement of law students in legal aid schemes particularly for preventive legal services. Public law service should be an alternative available as against the private bar and legal services authority should fix the fees payable to the lawyer. The Legal Services Authorities Act, 1987 Criterion for Providing Legal Aid:Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for giving legal services to the eligible persons. Section 12 of the Act reads as under:Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is(a) a member of a Scheduled Caste or Scheduled Tribe; (b) a victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution; (c) a woman or a child; (d) a mentally ill or otherwise disabled person; (e) a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or (f) an industrial workman; or (g) in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956); or in a juvenile home within the meaning of clause (h) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of

the Mental Health Act, 1987 (14 of 1987); or (i) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Govt., if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Govt., if the case is before the Supreme Court. (Rules have already been amended to enhance this income ceiling). Legal Services Authorities after examining the eligibility criteria of an applicant and the existence of a prima facie case in his favour provide him counsel at State expense, pay the required Court Fee in the matter and bear all incidental expenses in connection with the case. The person to whom legal aid is provided is not called upon to spend anything on the litigation once it is supported by a Legal Services Authority. Supreme Court On Legal Aid

The linkage between Article 21 and the right to free legal aid was forged in the decision in Hussainara Khatoon v. State of Bihar where the court was appalled at the plight of thousands of undertrials languishing in the jails in Bihar for years on end without ever being represented by a lawyer. The court declared that "there can be no doubt that speedy trial, and by speedy trial, we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21." The court pointed out that Article 39-A emphasised that free legal service was an inalienable element of reasonable, fair and just procedure and that the right to free legal services was implicit in the guarantee of Article 21. In his inimitable style Justice Bhagwati declared: "Legal aid is really nothing else but equal justice in action. Legal aid is in fact the delivery system of social justice. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and we have no doubt that every State Government would try to avoid such a possible eventuality".

Further in the case of Hussainara Khatoon & Ors. (V) v. Home Secretary, State of Bihar8, Justice Bhagwati held that: "its the constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation, to have free legal services provided to him by the State and the State is under a constitutional mandate to provide a free lawyer to such accused person if the needs of justice so require. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and it is hoped that every State Government would try to avoid such a possible eventuality." Two years later, in the case of Khatri & Ors. (II) v. State of Bihar & Ors. , the court answered the question of the right to free legal aid to poor or indigent accused who are incapable of engaging lawyers. It held that: "the state is constitutionally bound to provide such aid not only at the stage of trial but also when they are first produced before the magistrate or remanded from time to time and that such a right cannot be denied on the ground of financial constraints or administrative inability or that the accused did not ask for it. Magistrates and Sessions Judges must inform the accused of such rights. The right to free legal services is an essential ingredient of reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the State is under a constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer. The State cannot avoid this obligation by pleading financial or administrative inability or that none of the aggrieved prisoners asked for any legal aid at the expense of the State. The only qualification would be that the offence charged against the accused is such that on conviction, it would result in a sentence of imprisonment and is of such a nature that the circumstances of the case and the needs of social justice require that he should be given free legal representation. There may, however, be cases involving offences such as economic offences or offences against law prohibiting prostitution or child abuse and the like, where social justice may require that free legal services need not be provided by the State."

A.I.R.1979 SC 1377

He reiterated this in Suk Das v. Union Territory of Arunachal Pradesh 9and said "It may therefore now be taken as settled law that free legal assistance at State cost is a fundamental right of a person accused of an offence which may involve jeopardy to his life or personal liberty and this fundamental right is implicit in the requirement of reasonable, fair and just procedure prescribed by Article 21." This part of the narration would be incomplete without referring to the other astute architect of human rights jurisprudence, Justice Krishna Iyer. In M.H. Hoskot v. State of Maharashtra10, he declared : If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned individual for doing complete justice. In Khatri & Others v. St. of Bihar & others11 Bhagmati J. observed; Right to free legal aid, just, fail and reasonable procedures is a fundamental right (Khatoons Case). It is elementary that the jeopardy to his personal liberty arises as soon as the person is arrested and is produced before a magistrate for it is at this stage that he gets the 1st opportunity to apply for bail and obtain his release as also to resist remain to police or jail custody. This is the stage at which and accused person needs competent legal advice and representation. No procedure can be said to be just, fair and reasonable which denies legal advice representation to the accused at this stage. Every individual of the society is entitled to legal aid as a matter of prerogative. In Indira Gandhi v. Raj Narain12 the Court said: "Rule of Law is the basic structure of Constitution of India. Every individual is guaranteed the rights given to him under the constitution. No one is to be condemned unheard. There ought to be a violation to the fundamental right or prerogatives, or privileges; only then the remedy lies in going to the Court of Law. In the absence of legal aid, trial is vitiated."

A.I.R. (1986) 2 SCC 401; 1986 SCC (Cri) 166. A.I.R. 1978 SC 1548 11 A.I.R.[(1981) 1 SCC 635] 12 A.I.R.1975 S.C. 2299
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In, State of Haryana v. Darshana Devi13, the Court said that: "the poor shall not be priced out of the justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order XXXIII, CPC. The state of Haryana, mindless of the mandate of equal justice to the indigent under the Magna Carta of the Republic, expressed in Article 14 and stressed in Article 39A of the Constitution, has sought leave to appeal against the order of the high court which has rightly extended the 'pauper' provisions to auto-accident claims. In the case of Kara Aphasia v. State of Bihar, the petitioners were young boys of 1213 years when arrested, and were still languishing in jail for over 8 years. They were also alleged to have been kept in leg irons and forced to do work outside the jail. Justice Bhagwati directed that the petitioners must be provided legal representation by a fairly competent lawyer at the cost of the State, since legal aid in a criminal case is a fundamental right implicit in Article 21. Implementation of legal aid in Assam Assam has also seen the implementation of legal aid. The ALSA (Assam Legal Service Authority) has undertaken various measures to provide legal aid to the poor and the needy. Recently the ALSA officially extended its legal aid services to victims of mass disaster, ethnic violence, caste atrocities, flood, drought, earthquake or industrial disaster. The NALSA (National Legal Service Authority) took cognizance over the recent flood and tried to implement the scheme as per its 19 point guidelines for legal aid to victims. NALSA has also kept track of reports of legal aid provided to flood victims through video conference. Besides, legal aid clinics have been set up at the Central Jails in Guwahati and Jorhat, not only to facilitate legal aid for the inmates of jails, but also extended it to the people at the grassroots level. In Jorhat the legal aid clinics have been opened at the central jail as well as in the juvenile observation home adjacent to the jail there14.

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A.I.R. 1979 SC 855


Legal Aid Clinics set up in two Assam jails<http://iassam.blogspot.in/2011/06/legal-aid-clinics-set-upin-two-assam.html> last accessed on 26 september at 17:31 p.m.

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Concluding observation Legal Aid is an essential part of the legal democracy. As the percentage of people below the poverty line is higher, it becomes imperative to provide free legal services on the part of the Government to them. Bodies like the NALSA have done a commendable job by undertaking various activities such as:1. Publication of the NALSA Regulations on Free and Competent Legal Services in the Gazette of India. 2. Providing legal services to the Trans-gender people 3. Training of Para-Legal Volunteers and engaging them in the front offices of Legal Services Institutions and in the village level legal aid clinics. 4. Legal Literacy Programmes in schools and colleges started in an organised manner with the assistance of the Department of Education in all States. 5. School Legal Literacy Clubs set up in all High Schools under the State Legal Services Authorities in order to create legal awareness, obedience to law and spread the philosophy of rule of law amongst the younger generation. 6. Legal Aid Clinics in all villages to be manned by Para-legal Volunteers and panel lawyers 7. Retainer lawyers are engaged at Taluk, District, High Court and Supreme Court level for handling legal aided cases15. It has been quoted A little knowledge is a dangerous thing. Where ignorance abounds, exploitation and miscarriage of justice are sure to happen. At a time when the common man has to grapple with the rising costs of essential commodities and therefore becomes an easy target for unscrupulous elements, it becomes imperative to provide legal services at a nominal rate to the needy and the disadvantaged. To prevent the gold mining of their time and resources, the State should ensure that legal aid is more in the form of non-traditional methods of dealing with conflicts such as mediation, conciliation and self-help. Only then we can safely assume that the principles of natural justice are being carried out for the benefit of the people at large.

National Legal Services Authority (NALSA) < http://nalsa.gov.in/> last accessed on 15th September 2012 at 5:18 P.M.
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