IS A FREE LEGAL AID AND ADVICE-SNATCHING OPPORTUNITY FOR YOUNG LAWYERS
BY - Sonali Kumari
In order to provide equal justice to all the citizens, Article 39A was added to the Indian Constitution via The Constitution (Forty-second Amendment) Act, 1976. It imposes a duty on the State to secure access to justice for everyone. No one should suffer from injustice due to economic or other disabilities. Hence this Article provides free legal aid and advice to the vulnerable people of the society.
WHY DO SOME YOUNG LAWYERS THINK IT A HURDLE?
Some young lawyers think economically sufficient people generally prefer experienced lawyers for their disputes and young legal practitioners can only get economically moderate or weaker people as their clients. They choose young lawyers over experienced ones as they charge comparatively less fees which is affordable for them. That is how generally young lawyers especially fresh graduate first generation lawyers get their clients.
WHY DO FREE LEGAL AID AND ADVICE MATTER?
It may seem that it is snatching the opportunity of young lawyers but it is actually not. It is just trying to provide access to justice to the vulnerable sections of the society.
People of some sections of society are so poor that they cannot even afford the nominal fees being charged by young lawyers. Even if there will be no free legal aid and legal advice to those really needy people, no change is going to happen with regard to opportunities available to young lawyers. They'll instead choose to get no justice. Since they are not even sure about getting the food the next day getting justice is a distant matter.
WHO NEEDS FREE LEGAL AID AND LEGAL ADVICE?
Many people are in jail even for trivial matters they are not even getting bail because they cannot afford
Many women are suffering from cruelty and domestic violence in their matrimonial home but have no financial support
Many girls are victims of sexual offences but they cannot afford lawyers and ultimately justice
Many children are victims of sexual offences and child labour but they cannot get justice
And many more financially disabled people who are suffering from injustice but cannot afford to pay the lawyers to get justice.
CONCLUSION
Access to justice is not only the duty of the state. If anyone is suffering from injustice it is shameful for everyone related to the Legal Job Portal fraternity whether the young lawyers or experienced ones. Since "Injustice anywhere is a threat to justice everywhere". It is the duty of everyone related to the Legal profession to help people get justice. No one should think of being selfish.
Young lawyers can still get clients who are in a position to pay them for their efforts. There is no change in opportunities for young lawyers due to free legal aid and legal advice services. Young lawyers are not bound to provide such services. It is upon their discretion to provide it or not but it is a moral duty of every legal professional to help economically disabled people who are in need of justice.