FREE LEGAL AID: THE LAWYER’S PERSPECTIVE
Reya Dutta
Duttareya21@gmail.com
Free Legal Aid! Sounds helpful but has the lawyer’s perspective ever been taken into consideration? The Legal Services Authorities Act, 1987 aims to provide free legal services to people from the weaker sections of the society but this service effects young or underprivileged lawyers adversely.
While every coin has to sides, it has to be noted that Free legal aid is surely a good initiative to help uplift the under privileged sections of the society and to make sure that equality in justice is being provided to all. Article 14 of the Indian Constitution guarantees equal treatment for the equals and mechanisms to assure equity in the nation in the subsequent articles 15, 16, 17 and 18. Artivlle 39A of the Indian Constitution guaranteed free legal help to its citizens. Article 23 also gurantees free aid to a victim of human trafficking or begar.
The Legal Services authorities act also gurantees free legal aid to women irrespective of their financial status. Section 12C of the act makes children under the age of 18 eligible for it. Additionally, the members of SC/ST, mentally ill or disabled people, industrial workman etc
Free legal services take into account the welfare of citizens but works on the presumption that lawyers providing such aids are always well to do. This is however a harsh reality as most of the lawyers who take part in services are often struggling financially. Travel, accommodation and other expenses are not taken care by the client which ultimately leads it to be an overworked and underpaid job wherein the advocate struggles to meet its financial needs. Senior Advocate Pradeep Rai sir, in one of his interactions with interns in the office mentioned that free legal services shall be provided by advocates when they are in a condition to afford cases that have no monetary benefit. Young lawyers are generally, on a larger scale are not having established practices and a strong financial condition and giving free legal advice, which therefore forms their bread and butter are being taken away. Lawyers and legal interns who have just graduated be a part of these programmes to gain experience but the hardships that are being suffered on a personal level are often ignored.
These lawyers work tirelessly, trying to do the best for their client but not being paid or renumerated might eventually reduce their interest and efficiency as they might feel discouraged to do so. Established practitioners or 2nd or 3rd generation lawyers have a comparatively convenient journey and can thus get clients faster than 1st generation, young advocates. This leads to impartiality in terms of opportunities and thereby reduces their interest in taking up social welfare voluntarily.
Thererefore, free legal aid is an excellent initiative but the condition of both the lawyer and the client shall be considered and a certain set salary should be paid to the advocates associated with free legal aid services which will further incentivise other lawyers to take up social services and provide quality legal aid to their client thereby upholding the intention behind providing free legal aid.
