India

Region Asia Pacific

Neelu Mehra, Kanwal DP Singh & Renu Gosala

Student Researchers: Konpal Preet Kaur, Nitya Thakur & Aditi Singh

National Report

Summary of Contents

Summary of Contents

1. GENERAL INFORMATION

British ruled India from 1857 until it gained independence from British colony in 1947. With Independence, Hindu and Sikh occupied areas remained with India and the predominantly Muslim occupied areas went to Pakistan. Scholars estimate that over 10 million people were displaced in the process of their relocation to the country where their religion was predominant and that a million people died as a result of partition.

India is a country of 1.284 million square miles in area and the most populated states are Uttar Pradesh, Bihar, Maharashtra, West Bengal, and Andhra Pradesh. Constitution of India came into effect on January 26, 1950, making the nation as a sovereign democratic republic. The constitution seeks to establish a sovereign, socialist, secular and a democratic republic. All adult citizens of India possess the right to vote, inequality of sexes is outlawed, constitution recognizes no class barriers, Indian polity guarantees freedom of opinion, assembly and association.[1]

With an estimated population of 1.37 billion, India is known to be the largest democracy in the world with a competitive multiparty system at federal and state levels (UNDP report: 2019 and Freedom House: 2019). India is a constitutional parliamentary democracy comprising of 28 states and seven Union Territories (UTs), including the National Capital Territory (NCT) of Delhi. Indian Constitution is federal but has strong unitary characteristics. Centre and states have autonomy in certain public policy spheres. It is a multiparty system with a federal structure. “With the rise of regional parties and emergence of coalition governments both at the centre and in most states, the dynamics of Indian polity moved towards cooperative federalism”.[2]

India has both a President (as the Head of State) and a Prime Minister (as the Chief Executive of the Government of India). There is a bi-cameral legislature- Upper House or council of states (Rajya Sabha) and the Lower House or house of the people (Lok Sabha). The lower house has 545 members: 543 elected from single-member constituencies (79 seats are reserved for “Scheduled castes” and 40 for “Scheduled tribes”) and two representatives of Anglo-Indians appointed by the president. The upper house has 245 members: 233 elected by the Members of Parliament and the Legislative assemblies of States and Union Territories, and 12 appointed by the President (The Commonwealth).

The Prime Minister is elected by the Lower House and appoints and heads  the Councils of Ministers. The President is elected by an electoral college consisting of Members of the Parliament and State Assemblies. The states, Delhi and the UT of Pondicherry have elected legislatures where Chief Ministers are the real executive heads. The other UTs are ruled directly by the candidate appointed by the Central government. Each state has a Governor, appointed by the President of India.

Indian Constitution serves as the basis for the operations of the Executive, the Legislature and the Judiciary with a decentralized system of governance. Indian states are governed by Chief Ministers, who are the elected leaders of a political party or a coalition of parties that has a majority of the seats in a State Assembly. Each state also has a Governor, a federal appointee, who holds a ceremonial, nonpartisan, constitutional position. Post-election, the Governor of the state invites the party that won maximum number of seats to form the government.[3]

Indian judiciary has an integrated court system that administer Union and State laws. Judicial System of India consists of the Supreme Court, High Court, District Court or Subordinate Court. The Supreme Court is highest and the ultimate court of appeal. Arendt Lijphhart characterizes Indian democracy as having a “strong” judicial review, where the Supreme Court of India is similar to the US Supreme Court. It has declared many National laws and Ordinances unconstitutional.[4]

The country is incredibly diverse in terms of political identities, including castes, communities, tribes, economic classes, ethnicities, languages, customs and religions. About 80 percent of Indians are Hindus, 14 percent are Muslim, 2.5 percent are Christians, and the rest include several other faiths such as Buddhism, Sikhism, Jainism and Zoroastrianism. There are almost 170 million Muslims and 25 million Christians (Samuels, 2018: 176).

Chart 01. Distribution of population by religion

Religion Number                                   %
All religious communities 1,028,610,328 100.0
Hindus 827,578,868 80.5
Muslims 138,188,240 13.4
Christians 24,080,016 2.3
Sikhs 19,215,730 1.9
Buddhists 7,955,207 0.8
Jains 4,225,053 0.4
Others 6,639,626 0.6
Religion not stated 727,588 0.1

Source: Religion, Census of India 2011

There is no national language, according to the Indian Constitution. However, Article 343 of the Constitution recommends Hindi as the official language of the government along with English. The Census of India 2011 lists languages that are specified as mother tongue by more than 10,000 people. There are 121 languages and 270 mother tongues. The 22 scheduled languages are specified in the Eighth Schedule to the Indian Constitution (Part A) and 99 non-scheduled languages (Part B).

In 1991, India began to liberalize its economy and has since then made considerable growth in its gross Domestic Product (GDP), “averaging between 6 and 8 percent annually”. This significant growth placed Indian economy as the fourth largest in the world, in terms of Purchasing Power Parity (PPT) by 2007 (Shambaugh and Yehuda, 2014:173).  The economy slowed again in 2017 due to demonetization and introduction of GST. CIA World Factbook for 2011 ranked India as the ninth economy in terms of PPP. The estimated GDP in 2011 was recorded $1.68 trillion. The service sector was accounted for “55.6 percent of GDP in 2011, with the agriculture sector accounting for 26.3 percent, and the agricultural sector accounting for 18.1 percent”, per CIA World Factbook for 2011.

India’s Gross Domestic Product per capita was recorded at 6899.20 US dollars in 2018, when adjusted by purchasing power parity (PPP). GDP per capita PPP in India averaged 3624.14 USD from 1990 until 2018, reaching at 6899.20 USD in 2018 (World Bank).[5] India’s Gross National Income (GNI) per capita for 2018 was $2,020.

Chart 02. GDP per capita in rupees and dollars trillion

India’s major industrial sectors are textiles, food and food processing, biotechnology, steel, automotive, drugs and pharmaceuticals, heavy and light engineering, minerals and mines.

According to the Inclusive Development Index, declared by World Economic Forum 2018, India ranks 62nd out of 74 emerging economies. The report revealed inequality in the workplace, with women receiving 34% less wages than male counterpart  for the same work (World Economic Forum, 2019).  About 47.9% of  the Indian households having more than five children are severely deprived of shelter, water, sanitation, health and education as compared to 7.8% of poor families without children. Rich 1% in India hold  58% of the total wealth of India  indicating extreme inequalities.[6] UNDP reports an improvement in life expectancy at birth to 68.8 years in 2017. The latest Sample Survey (SRS) shows an overall life expectancy at birth to 69 years, with women expected to live for 70.4 years and men for 67.8 years.[7] Between 1990 to 2017, expected years of schooling and means years of schooling have increased by 4.7 years and 3.4 years. Current expected years of schooling is 12.3 years and means years of schooling is 6.4 years. India’s GNI per capita increased by about 262.9 percent between 1990 and 2018.[8]

According to the United Nations Development Programme, India’s HDI value has increased from 0.427 to 0.640 between 1990 and 2017, placing India in the medium human development category. However, the HDI value has declined by more than a fourth when adjusted for inequality. The value of Inequality-adjusted HDI has dropped to 0.468.[9]

Unemployment rate was recorded at 6.1% in FY 17-18. The Periodic Labour Force Survey (PLFS) of the National Sample Survey Office (NSSO) showed the employment rate FY 17-18 was at 5.3% in rural India and 7.8% in Urban India, resulting in overall unemployment rate of 6.1%. [10] According to United Nations, Sex Ratio of India in 2019 is 107.48 (i.e.107.48 males per 100 females). India has 930 females per 1000 males. India has 48.20% female population compare to 51.80% male population”.[11]

3. PROCESS AND PROCEEDINGS: OVERVIEW

3.1. Criminal Procedure

In criminal law, any kind of investigation happens subsequent to a crime. There shall be an offence committed under the Indian Penal Code 1860, Code of Criminal Procedure 1973 or under any other special laws in force. The investigation is conducted by the police by the following process:

(i) Reaching the actual spot of occurrence of crime

(ii) Determining the facts and circumstances of the offence committed.

(iii) Making an arrest of the offender.

(iv) Assembly of evidence by investigating those familiar with the crime.

(v) Search and seizure of necessary evidence.

(vi) To determine whether the evidence collected against the accused are enough to be presented to a magistrate for trial.

If the First Information Report (FIR) describes the offence as non-cognizable in nature, then the police cannot arrest without a warrant. In cases of cognizable offences (offences of serious nature) a police officer of local jurisdiction is duty bound to register the FIR on the basis of information given by anyone who has knowledge of the offence.[1] They may make an arrest without warrant in accordance with the First Schedule or conduct preliminary investigation also.

In case of a Non-Cognizable offence, the police need to take a warrant from the Magistrate[2], subsequently that case can also be treated as that of a cognizable offence. On refusal to register the FIR, the aggrieved person can approach the S.P/DCP to take cognizance.[3] Subsequently, a Magistrate can be approached stating that no cognizance of the matter has been taken so far.[4] He can direct the police to take cognizance. Subsequent to the registration of a FIR, evidence is collected by:

(i) Recording the Statements under section 161 of Cr.P.C

(ii) Collecting of Evidence in form of Documents and others

(iii) Recording of confessions or statements under section 164 Cr.P.C before the Magistrate.

Post the evidentiary stage the Police has to file a final report before the Magistrate.[5]They may file a closure Report stating lack of formal evidence against the accused. A Magistrate may either accept it or direct further investigation upon the matter or may reject the report and issue summons[6] after taking cognizance of the matter[7]. When the offence is punishable with imprisonment of less than 10 years, the final report shall be filed within 60 days. When the offence is punishable with imprisonment for more than 10 years, life or death penalty, the final report shall be filed within 90 days from the date of the FIR being registered. After this procedure, the trial starts and the police hands over the case to the Public Prosecutor. When the charge sheet is filed before the magistrate, he will direct the accused to be presented before him through a warrant.[8] A copy of the charge sheet shall also be given to the accused[9] and the trial will begin. The process of a sessions trial shall be diligently followed by a public prosecutor.[10]His opening statements shall constitute the elucidation of charges leveled against the accused also called as framing of the charges.[11] The accused can move an application for discharging him of all the charges on the grounds of falsification of charges or want of sufficient proof or are not strong enough.  If the application for discharge is rejected, the court may frame charges, at this stage the court can add or delete any charge if the material available on record does not support the said charge.

Thereafter, the court gives an opportunity to accused to plead guilty upon reading of all the charges against him. If he pleads guilty, he will be directly convicted of the charges framed,[12] if not, the trial shall commence. There shall be Examination in Chief, Cross Examination and Re-Examination of witnesses of prosecution. [13] It is in accordance to guidelines under Chapter X.[14] After the completion of evidence on the side of prosecution,  recording of statement of accused happens,[15] though no oath is administered to him nor can anything he says be used against him. Subsequently, defense witnesses are presented. On the basis of arguments presented and materials placed on record, the Judge decides upon the conviction or acquittal of accused. Upon conviction, the quantum of punishment shall be decided by hearing the accused.[16] After that, the Judge will give a comprehensive judgment, recording all the reasons for the punishment of the accused for the offence.

The principle of Rule of Law is essential to all legal and political systems. It reflects the ideals of fairness, equality and non-arbitrariness. In the due course of time, Rule of Law has been held to mean “Due process” which includes a just, fair and non-arbitrary procedure. The procedure mentioned in the previous part of the question reflects just that. Although, it appears to be time consuming and full of procedural technicalities, it was deliberately intended to be made like this so as to protect the rule of law and follow due process amidst that.

3.2. Civil Procedure

A civil matter begins with the involvement of two or more parties, where one of them is aggrieved and approaches the court for a specific remedy in the form of compensation, specific performance, injunctions etc.  A matter begins with the plaintiff filing a plaint in the court of law. The case is then registered and logged into its records. Thereafter summons is sent to the defendant to appear before the court on the given date. This document is duly signed by the judge with the seal of the court also it contains a copy of the plaint. On courts discretion it may or may not direct the plaintiff to appear on the day of hearing. The defendant has a right to appear before court, either personally or through a representative to respond to the summons by way of a written statement and also to present evidence, documents, pleadings etc. He can also file a counter claim, which is also treated as a plaint, for that the plaintiff shall submit a written statement against the counter-claim.

The first hearing is pertaining to the framing of issues, which can be pertaining to an issue of fact or an issue at law. If no defense is provided by the defendant then no framing of issues takes place and judgment can also be given. If not that, then evidence is given by both plaintiff and defendant and the matter is put to final arguments made by both the parties. Subsequent to which either the court gives a judgment on the same day or within 15 days. If the judgment gets delayed beyond 30 days, then the reasons for the same must be recorded by the court. A judgment essentially contains all the issues and argument to which the court took cognizance. It also comprises of set-off or any other claims to be made by either of the parties. The party winning the matter is referred to as the decree holder and the party against whom a matter is decided is known as the judgment debtor. The party not satisfied with the decree may file an application for review. Additionally, the aggrieved party may approach an appellate court for appeal. The court on its discretion may accept, reject, or send back the appeal to the appellant for modifications. Upon acceptance of a matter, an application is sent to the lower court to furnish all the relevant records pertaining to the case. Court then hears both the parties and may confirm, vary, or reverse the original decree in its judgment.

The execution of the decree passed by the court happens by way of the judgment debtor paying the money due to the principal debtor in or outside the court. In cases where, the judgment debtor fails to comply by the decree, the decree holder shall file an application for execution of decree. It may be by way of a request to the court to assist him by granting him the relief mentioned in the decree either by delivering the property, arrest or detention of person. Judgment debtor shall be issued with a  show cause notice for execution of the decree. In matters pertaining to money, in case of failure to make payment, immovable properties are attached to recover the money.

The Supreme Court in Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co.(P) Ltd[17] put down the guidelines for refereeing a matter to mediation during a civil suit. This reference is done often after the completion of pleadings. However, the court may also refer a matter to mediation after framing of issues.[18] Although the court might not necessarily refer the matter to arbitration, mediation or conciliation, it will do so only if the court feels that there is a possibility of dispute settlement by alternate means. It is essential that parties are refereed to mediation at an appropriate time during the civil proceedings. Power of a judge to refer a matter to alternative modes of dispute settlement is derived from section 89 of Code of Civil Procedure 1908 which is an enabling provision. Order X rule 1-A, 1-B and 1-C of Code of Civil Procedure 1908 are procedural provisions. In  certain matters it is required by law to subject such disputes to arbitration or mediation. They include matters pertaining to labor law, family law etc. They allow for parties to be sent to compulsory mediation if there is an element of settlement, at times even when they are not willing. It is governed under the Civil Procedure-Mediation Rules, 2003.[19]

The principle of Rule of Law is essential to all legal and political systems. It reflects the ideals of fairness, equality and non-arbitrariness. In the due course of time, rule of Law has been held to mean due process which includes a just, fair and non-arbitrary procedure. The procedure mentioned in the previous part of the question reflects just that. Although, it appears to be time consuming and full of procedural technicalities, it was deliberately intended to be made like this so as to protect the rule of law and follow due process amidst that. In order to make this process easier and expedient, parties have an option of resolving their disputes by alternative means like that of mediation, arbitration and conciliation. Though these processes cannot be resorted to in every matter yet they have helped tremendously in bringing down the escalating pendency of civil matters.

3.3. Alternative Dispute Resolution

There are certain disputes which are often referred to mandatory mediation, although such recourse is usually not taken.[20] There are different ways in which a matter is sent to mandatory alternative dispute settlement. In India, as soon as a matter is filed, parties are provided with options to settle their disputes alternatively, without resorting to judicial remedy. This provision is there for two reasons, firstly, to reduce the burden of cases and the increasing of pendency upon the courts and secondly, for a quick settlement of disputes in a time bound manner. The parties are to choose from the options provided for ADR, unless they have been exempted by the court. The following options are available to the parties:

(i) Court Annexed Mediation is granted by the court itself and is also a part of the judicial system itself. Each court maintains such list, which includes skilled and experienced mediators who are made accessible to the required parties. The court assigns a particular mediator to a matter and also sets a date for completion of mediation. The proceedings are often confidential and the agreement so reached between the parties is considered enforceable as a that of a judgment of the court. All the parties i.e. The litigants, lawyers and judges become partakers in the justice delivery system.

(ii) Court referred Mediation refers a matter to a particular mediator. It is offered on monetary basis by qualified mediators whose services can be availed by Court, general public Court, general public, private or governmental sectors for dispute resolution. Such mediators can also be referred to cases pending trial by the individual parties to reach the stage of mutual settlement.

(iii) Contractual Mediation is availed by parties entering into a contract. Contract  may also include clause of mediation to resolve any disputes between them. They may also prescribe the procedure for the selection of a mediator or the name of a mutually accepted mediator may be written. The results of such mediation have to be accepted by both the parties, similar to a court decree.

Parties to a dispute may voluntarily decide to pursue mediation by consensus. This can be done at any given point of time. There is no particular pre decided stage for this kind of mediation and a matter can be referred at any time. In Afcons Infrastructure Ltd. and Anr. V. Cherian Varkey Construction Co. Private. Ltd. and others.,[21] the Supreme Court laid down guidelines pertaining to the kind of cases that would be eligible for ADR.

(i) All matters concerning trade and commerce e.g.  disputes arising out of contracts, specific performance, disputes between suppliers and customers or bankers and customers or developers/builders and customers or landlords and tenants/licensor and licensees or insurer and insured etc.

(ii) Disputes arising out of personal relationship of parties e.g.  disputes related to  maintenance, custody of children, or disputes involving partition/division of property between family members/co-parceners/co-owner or disputes involving partnership agreements etc.

(iii) Matters involving a minor hiccup in an otherwise good personal or professional relationship e.g.  disagreements between neighbors concerning encroachment or nuisance etc. to their property  or matters involving an employer and employee or matters between members of societies/associations/Apartment owners Associations etc.

(iv) All cases connected to tortious liability which involve compensation in motor accidents/other accidents or other forms of consumer disputes.

The judicial system in Indian is amongst the oldest in the world but due to the miniscule people to judges ratio, the pendency of matters was just piling up on an everyday basis. This situation did not change despite establishing fast track and evening courts in many states. There was a need to resolve disputes outsides the red tapings of the Court. This is where ADR came to use. It can resolve all kinds of disputes ranging from including civil, commercial, industrial and family matters etc. ADR is less time consuming, saves a lot of court visits to the parties, is relatively very cheap. Also, since both the parties mutually agree upon an arbitrator there is no inherent bias involved. Furthermore, it takes away burden of the court and of judges. Advantages for employing ADR in the Indian  judicial system can be summed as follows:

(i) People can resolve their dispute in shorter time.

(ii) It saves litigation cost and time.

(iii) It is free from technicalities of courts, and is more expressed, useful and involved.

(iv) It gives the parties an opportunity of being heard instead of being represented by the lawyers or court, here the parties are in control, they have a say in the final decision.

(v) There is always more scope for parties coming to a settlement if they are made to sit with each other in an informal setting without the trappings of court. There is scope for restoration of their strained relationship.

(vi) It prevents any further conflict which only escalates in the court as both the parties are more involved in putting the blame instead of maintaining good relationship with each other.

(vii) It ensures the best interest of the parties.[22]

(viii) Arbitrator is not restricted by the strict procedure of the Civil Procedure Code and law of evidence. However, he has to follow the principle of natural justice.

The process of ADR has simplified the long and tedious legal procedure and has made it more litigant friendly. There are no strict legal rules or procedures to be followed, only a broad set of guidelines and are the prerogative of individual arbitrators in the matters assigned to them. This way the parties involved get to focus on the issue at hand instead of which legal intricacies. The primary objective is to resolve the issue in a mutually beneficial. Some creative ways to resolve the matter can also be deployed unlike in a court room where a judge has to strictly adhere to all the procedural guidelines. ADR  preserves relationships between the disputing parties involved rather than with one of them going home bitter for losing the legal battle. The success rate of ADR is approximately 85%, which is also indicative of a lot of time and money saved in court appearances. Most importantly, it reduces the stress of having to fight a long and arduous legal battle.The arbitration proceedings are of a more flexible nature. It keeps a dispute private between the parties, unlike in an open court where anyone can witness an ongoing suit.

Having said that, there is a reason why such remedies are not applied to every case or why the moorings of the legal system cannot be completely done away with. In order to restore the rule of law it is imperative to follow the procedure established by law, even if that is at the cost of being expensive, time consuming and increasing  the pendency.

4. ACCESS TO JUSTICE, EQUAL ACCESS TO COURT AND FAIR TRIAL

Indian judicial system, resembles the system of Commonwealth nations and follows common law practices. The topic ‘access to justice’ is well debated and very essential.  ‘Access to justice’ reflects that any one in need of justice should be able to approach court of justice without any inhibitions and Legal Aid should be freely available. But this is very preliminary idea and Access to justice encompasses many other rights. It also includes speedy justice with more than required courts, sufficient number of judges and also fair trial by independent judges who strive to establish rule of law, help the needy with Legal Aid and public interest litigation and so on.

Indians always had contact with the King, beginning from the time of Ramayana and Mahabharata.  When the Indian Courts aligned to common law at the time British rule, it was already a part of the system that the general public be allowed accessibility to the law-making machinery, even before we had any written set of law or the present day Constitution. Two interesting cases in the pre-independence era which established the concept of access to justice firmly are discussed below

Bombay High Court rendered an early decision in Re: Llewelyn Evans,[1] in which case, Evans was arrested in Aden and transported to Bombay as a suspect for the offence of criminal breach of trust. During which time, Evans’ was denied access to his legal adviser. Section 40 of the Prisons Act, 1894 provided that an un-convicted prisoner should be allowed to see his legal adviser in jail, but still the magistrate felt that he had no power to grant access. A pertinent question arose as to whether a person had any access to a counsel during police custody.

Justice Fawcett, who was the presiding judge, referred to the Rawlinson Committee report in England and noted that “the days have long since gone by, when the state deliberately put obstacles in the way of an accused defending himself, as for instance, in the days when he was not allowed even to have counsel to defend him on a charge of felony.” He also referred to S.340 of the Code of Criminal Procedure, 1898 and held that “the right under that provision implied that the prisoner should have a reasonable opportunity if in custody, of getting into communication with his legal adviser for the purposes of preparing his defense”. Justice Madgavkar was also on the bench and he added that “if the end of justice is justice and the spirit of justice is fairness, then each side should have equal opportunity to prepare its own case and to lay its evidence fully, freely, and fairly, before the Court. This necessarily involves preparation. Such preparation is far more effective from the point of view of justice, if it is made with the aid of skilled legal advice – advice so valuable that in the gravest of criminal trials, when life or death hangs in the balance, the very state which undertakes the prosecution of the prisoner, also provides him, if poor, with such legal assistance”.

In India, fair trial rights and equal access to justice legal can also be traced in the mass struggle movement for freedom in modern India when Mahatma Gandhi urged the lawyers to represent the Indians pro bono in courts; as they faced major discrimination and problems due to lack of legal knowledge. Since then, various lawyers and jurists have been advocating the concept of Legal Aid in India. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer deserves a special mention as being two of the major proponents of explicit access to court. In India in the year 1976, 42nd amendment to the Constitution was introduced which brought Article 39A under the Directive Principles of State Policy. In 1987, Legal Services Authority Act was introduced which gives the structure and functions of the Legal Aid functionaries. With the motto of ‘Access to Justice’, it acts as a bridge between the elites and the not so privileged ones to afford equality of opportunity in reality, rather than only on paper. The phrase ‘equal protection of laws’[2], embedded in the Constitution of India also strikes down any financial roadblocks in the way to equal justice.[3].

Both constitutional and statutory framework provides a strong foothold for Legal Aid in India which makes it possible to bring the poor and the weak at par with others.

4.1. Constitutional Provisions

Article 39A was added by the 42nd Constitutional Amendment Act, 1976. It explicitly mentions that it is the obligation of the state to provide free and compulsory legal aid by announcing suitable schemes in order to ensure that no person is ever deprived of access to justice just because of the reason of lack of money or any other disability.[4] Falling under Part IV of the Constitution, this notion found place in the Directive Principles of State Policy. According to Article 38(1), it is the duty of the State to promote the welfare of the people by protecting this right as effectively as it can. Social order encompassing social, economic and political justice should be found in all the institutions of the national importance.[5]

Article 21 that deals with the Right to Life and Personal Liberty[6] has widened its scope to include the ‘Right to free legal’ as well as the ‘Right to speedy trial’. Article 22(1) of the Constitution requires that a detained person should be given the right to “consult, and to be defended by, a legal practitioner of his choice”[7].

4.2. Statutory Provisions

Gradually, it was realized that in order to remain true to the letter and spirit of the Constitution, something more substantial was required to be done. This was finally done through the introduction of Legal Services Authority Act, 1987.[8]

In 1958, the 14th Law Commission Report suggested outlines for changes in judiciary for speedier and less expensive justice.[9]

In 1971, a committee was constituted under P. N. Bhagwati, J. who observed, “even while retaining the adversary system some changes may be effected where the judges be given participatory role in the trial so for poor, placing them in equal footing with the rich in the Administration of justice”. This was followed by the 1973 Krishna Iyer Committee Report wherein Krishna Iyer, J. stressed upon requirement of Legal Aid and fair trial rights

Finally, in the year of 1977, National Judicature Report was submitted which focused on framing of legal service programme taking into consideration, the social and economic conditions which were prevalent in the country at the time. It prescribed the establishment of National Legal Services Authority (NALSA).

Another committee was constituted which came to be known as “Committee for Implementing Legal Aid Schemes”. Because of certain inadequacies, the Legal Services Authority Act, 1987 was enacted which came into effect in the year 1995.

Besides a separate legislation, provisions relating to Legal Aid are present in our procedural laws as well, namely Code of Civil Procedure (CPC), 1908 and Code of Criminal Procedure (Cr.P.C), 1973. According to Section 304 of CrPC, “where in a trial before the Court of Session, the accused is not represented by a pleader and where it appears to the Court that the accused has not sufficient means to engage a pleader; the Court shall assign a pleader for his defense at the expense of the State.”[10] The State Government has the power to authorized the same provisions to be made applicable to other trials before any other court within the jurisdiction of that state.[11]

Similarly, Order 33 of CPC states, “in case of suit by an indigent person, the plaintiff shall not be liable to pay court fee and in case he is not represented by a pleader, the Court may, if the circumstances of the case so require, assign a pleader to him.”[12]  This benefit was earlier in existence for plaintiff but now has been extended to the dependent also.[13]

Besides the Act, National Legal Services Authority Rules were introduced in 1995 which dealt with the substantive part liking specifying the composition of the institutions like NALSA, conditions of service, term of service, qualifications of people included in Lok Adalats etc.[14]

All these provisions make clear the intention of the legislature that provides an obligation to the State to secure justice for its citizens, irrespective of any discrimination.

A committee headed by Justice P.N Bhagwati was established in 1949, which had given many suggestions pertaining to the scope, aim and systems of legal aid machinery existing at the time in India.

Later on, in 1958, the 14th Law Commission, under the chairmanship of the then attorney general Mr. M.C. Setalvad had mentioned that the provisions are to be  made for helping poor and there should be equal opportunity of access to justice furthermore, in 1971, a board Report prepared under the chairmanship of Justice P.N Bhagwati had categorically mentioned that Legal Aid and advice provided under the scheme is a right and not charity. The Krishna Iyer Committee Report (1973) established  that the state has democratic obligation to guarantee that the legal system efficiently meets the ends of social justice The Judicare Committee Report (1977), which included both, Justice Bhagwati and Justice Krishna Iyer as members was established in order to ensure satisfactory and uniform legal services in all states of the country.  Committee also drafted legislation for legal services namely National Legal Services Bill, 1977. It stated that an authority to ensure Legal Aid should not be a department of the government. It should be independent institution supervised by the Judge of the Supreme Court which should consists of members from the respective Bar Associations, Government officials, the Parliament as well as NGO or social workers. They also envisaged it to be multi-tier set up.

In 1980, under the chairmanship of Justice P.N Bhagwati, Committee for Implementing Legal Aid Schemes (CILAS), was established by the central government. Its objective was to ensure uniform implementation of legal aid programmes across the country. Hence, the objective or driving force behind the legal aid programme has developed over the course of all these years. Finality was given to this programme by giving it a statutory recognition with the passing of the Legal Services Authorities Act, 1987 (“the Act”, hereon) Democratic decentralization – Post-Independent India faced problems of governance. It was facing centralization of legislative, executive or judicial powers. The 73rd and 74th amendment to the Constitution of India paved way for democratic decentralization and established Panchayati Raj institutions. However, the judicial mechanism remained centralized. 230th Report of the Law Commission of India noted that the judges and advocates should serve the cause of litigants.

Hierarchy of institutions which dispense their functions at different levels be it at national level – National Legal Services Authority (NALSA), at the state level – State Legal Services Authority at the State level or at the district level – District Legal Services Authority. Further, committees are also established like Taluk Legal Service Committee, High Court Legal Service Committee and Supreme Court Legal Service Committee which act in co-ordination with and under the directions of their respective authorities. A detailed overview is given below[15].

National Legal Services Authority (NALSA) is constituted by the Central Government. Its functions are:

  • To ensure that general people are made aware of their rights by conducting legal literacy awareness programmes.
  • Encourage disputes resolution by Lok Adalats, negotiation, arbitration and conciliation.
  • State & District Authorities to be provided a designated fund.
  • Lay down policies and formulate effective schemes.
  • Coordinate, monitor and direct functioning of all authorities and committees below it.
  • Formation of Legal Aid clinics in universities which comprises of law colleges & national law schools.
  • To conduct programmes for the development of clinical legal education and Undertake & promote research.

State Legal Services Authority is founded by the State Government. Its functions are:

  • Give legal service to eligible people.
  • Duty to promote policies & direction of Central Authority.
  • Carry on preventive Legal Aid programmes.
  • Conduct Lok Adalats

District Legal Service Authority is instituted by State Government for every District in the State. It is tasked with the following objectives:

  • Duty to complete all the functions which are delegated by the State Authority in the District
  • Harmonize measures being taken at the Taluk level Legal Services Committee with other Legal Services Committees in the District.

Supreme Court Legal Service Committee is constituted as Central Authority to act in coordination with universities and law schools to promote Legal Aid services for the needy. High Court Legal Service Committee State Authority of each High Court has functions as follows:

  • To collect and examine applications made for the purpose of legal aid determine all criterions are fulfilled before granting or rejecting the grant of legal aid.
  • To control the implementation of the Legal Services programme.
  • To formulate and provide documents containing information pertaining to the returns filed, reports submitted and statistical information provided in respect of the legal services programme of the State Authority.
  • To keep a panel of advocates and senior advocates in reserve in the High Court for providing legal aid and also to determine sanctioned expense to be incurred.

Taluk Legal Service Committee is constituted by State Authority for each taluk/ mandal / group of taluks or mandals with the following objective:

  • Conduct Lok Adalats within the Taluk
  • Coordinate ongoing events of legal services at the Taluk level
  • Perform functions assigned by the District Authority

Sections 19 to 22 of the Act provide for Lok Adalat as it is another method of Alternate Dispute Resolution (ADR) mechanism. This promotes amicable settlement of dispute pending at the pre-litigation stage. Such cases will only go to the Lok Adalat only with the consent of both the parties and connivance of the judge. An award given by the Lok Adalat shall be construed as final and it shall be made binding on both the parties.[16]

Law, if stagnant cannot meet the demands of a dynamic society. When it was realized that the Lok Adalats were not completely effective and was leading to delay in the disposal of cases, changes were affected through the Legal Services Authorities (Amendment) Act, 2002.[17] It substituted ‘Lok Adalat’ with ‘Permanent Lok Adalat’ and incorporated some related provisions in the form of Section 22A to 22E. Another recent amendment introduced two new eligibility criteria for availing Legal Aid, that of transgenders and senior citizens below a particular income. This seems to be a good step forward as the Act is becoming all-inclusive and taking into consideration any group which might be socially or economically backward.

4.3. Judicial Expansion

The words ‘Legal Aid’ and ‘ustice’ may have wide and varied connotations but the idea of Legal Aid evolves from the idea of justice. The Indian Courts have actively participated in establishing a uniform system to Legal Aid involving equal access to justice while interpreting its provisions, practical intricacies, procedures and impediments. The Courts have expanded the scope of Legal Aid through various judgments. This issue drew attention of the Apex Court of India in a petition was filed in the year 1979. The petition was filed collectively in the name of Hussainara Khatoon[18] and related to those prisoner’s conditions who were being incarcerated in Bihar Jail and while their suits were still pending in court. The court ordered the release of such prisoners with immediate effect and opined that State cannot take away the constitutional right of speedy trial of an accused on the basis of financial restraints In Khatri & Ors. v State of Bihar & Ors.[19], it was held that there in an obligation on the Session Judge or the Magistrate, before whom an accused appears, to inform the accused about his right to access to justice and  if the accused is unable to provide for his own legal counsel for reasons of poverty or destitution, the state will make it accessible to him at its cost.

According to the decision in Sheela Barse v Union of India,[20] Article 39-A imposes an obligation upon the State to ensure promotion of equality of opportunity to avail justice. In M. H. Hoskot v State of Maharashtra,[21] Krishna Iyer, J. held that the most essential ingredient to fair procedure is seeking a counsel’s advice. It said that it is the responsibility of the state to provide conditions conducive to fair trial and it is not a charity the state is doing.

In the infamous case of Ajmal Kasab v State of Maharashtra,[22] in spite of the fact that grave charges were made against the accused, the court still held the view that it is the obligation of the magistrate or the judge to make available equal access to justice In State of Maharashtra v Manubhai Pragaji Vashi & Ors.,[23] the apex court reiterated that it is the duty of the State to ensure free and fair trial for an accused (if he so needs), failing which would vitiate the trail.

4.4. Functionaries to provide access to justice

In Sampurna Behrua v Union of India,[24] this case was pertaining to the complaint that Child Welfare Committees were not formed and juvenile justice boards were non-operational, or were not established in accordance to the Act in many districts. The courts directed the State Legal Services Authorities to coordinate with the above two organisations and ensure that their working and functioning is in accordance to that of the given in the Act.

In Kalaben Kalabhai Desai v Alabhai Karamshibhai Desai,[25] the court enumerated that in order to provide access to justice to all it needs cooperation from all members, including lawyers and judicial officers whose duty it is to inform women and children about their right to free Legal Aid.

In Laxmi v Union of India, [26] the court enumerated that in cases of acid attack, it is the responsibility of the chief Secretaries of the States and the Administrators of the Union Territories to guarantee obedience of the orders issued by it.

4.5. Lok Adalats

In Jatavath Sali v Mandal Parishad Development officer,[27] it was held that Legal Services Authority exercises a semi-judicial functionality wherein the disputed questions cannot be resolved by Lok Adalats. In such cases, parties should invoke a proper remedy instead of just referring the matter.In PT Thomas v Thomas Job,[28] it was enumerated that awards of Lok Adalat’s are also referred to as the decision of the court, only the means of reaching it have been by simpler means i.e. by conciliation.

In State of Punjab v Jalour Singh and others[29], it was held that when the order of Lok Adalat doesn’t talk about any settlement between the parties, as no compromise has been reached. Instead it either askes the respondent to ensure payment, if he agrees to the order or appeal to high Court, then it is not an award of Lok Adalat. If the parties want to challenge an award based on settlement, then it can only be done under article 226 or 227 of the Constitution, on some specific grounds. In such a case, the High Court should hear and dispose off the appeal on merits.

In Abul Hassan and National Legal Services Authority v Delhi Vidyut Board & Ors.,[30] it was held that permanent Lok Adalat should be established which would be in the interest of the people and should be held regularly in order to fulfil the purpose for which the Act has been enacted.

In Chaluvadi Murali Krishna v District Legal Service Authority, Prakasam District, Ongole,[31] the court held that section 19(5)(ii) and 20(2) provides jurisdiction to the Lok Adalats, even when the matter has not been referred by the court. It was also held that the Lok Adalats are sufficient to handle cases at pre-litigation stage. Thus, an award by Lok Adalat was held to be proper and valid.

4.6. Impediments

Equality before Law’ and ‘Equal Protection of Law’ are the guiding principles forming the very spirit of the ‘Rule of Law’ which is deemed to be the foundation of the notion of ‘justice’ and ‘delivery of justice’. Though the law of the land and judicial decisions categorically equates justice with equality, fairness and respect for individual’s rights, the harsh reality still remains that the legal representation comes as a costly affair and is beyond the reach of many, particularly who need it most. As mentioned above, access to the legal system is available to all and the State should undertake all the measures to ensure the same. But, in practice, the access is limited and those who cannot afford it are provided with some form of assistance, which often turns out to be of limited effect.

These are classified mainly into formal and informal barriers. While the formal barriers are the technical and structural barriers, the informal barriers are varied but they generally have a direct impact on the efficiency of the system of Legal Aid.

4.6.1. Formal Barriers

(i) Procedural and Structural: Legal Aid / Fair Trial in India is looked after by National Legal Service Authority, which provides a structure of Legal Aid system in the country. The Legal Aid cells/clinics/centers are established under this Act only. Providing a separate structure and procedure does enable a pro bono system but the need of the time is to create a society where everyone becomes a part of this system and not only the empaneled lawyers. This can be made possible by making it mandatory for every member lawyer of the Bar Association to take up a specific number of pro bono cases annually. System of Access to Justice in India lacks such provision. Synchronization of Legal Aid Centers State-wise is also important to maintain a uniformity which is not in practice.

(ii) Legal: In the cases where the person seeking Legal Aid is not a direct party to the proceedings, i.e. the person whose interests will not be affected from that proceeding, if not represented properly, the right to avail free Legal Aid is not available.[32] Strictly going by the eligibility criterion of the LSA Act, 1987, even the people who have adequate means to access justice can avail Legal Aid. This causes an increase in the number of cases of free Legal Aid, thereby increasing avoidable burden upon the Legal Aid Authorities and consequently decreasing the opportunity for actual needy persons.

(iii) Economic: It is true that lawyers taking the Legal Aid work are motivated to make the society a better place to live but they need proper financial remunerations by the government for doing the work dedicatedly. The salaries of the lawyers in the Legal Aid panel are much lesser than the salaries fixed for public prosecutors. Not only this, the minimal salaries which are provided are not paid in time. Further, the economic barriers are not limited to the salaries but also to other aspects like maintaining and updating the registers and records and also keeping a separate staff to administer monitoring committees which are equally important as the lawyers representing the people in the courts.

(iv) Lack of Physical Infrastructure: Non-availability of space and rudimentary infrastructure is a critical reason for the lackadaisical functioning Legal Aid Cells. This emerged as an ubiquitous problem both in large metropolitan cities and also in the smaller towns. The issue that came to light was that there were often no dedicated space, no dedicated official and most often even basic furniture like chairs and cupboards were non-existent.  Most of the lawyers entrusted with the task of Legal Aid also pointed out that many a times they used their chambers for the work of Legal Aid.

4.6.2. Informal Barriers

(i) Social: Deficient awareness is one major barrier. It is evident by the provisions that in our country access to justice is available to almost every strata of the society, but a few of them avail these services due to lack of sensitization. It is the duty of the State to create more awareness among the common public about the services which can be availed from Legal Aid and all have right to fair trial.

(ii) Lack of Digitization: Digitization, in Legal Aid sector, will definitely bring more efficiency into the system.

(iii) Obscure Legal Aid Cells: Non- visibility and less approachability of the Legal Aid Cells is the major impediment to the disposition of Legal Aid and Fair trial effectively. The centers to provide access to justice known (Legal Aid cells) are located at isolated places which are less approached by the common man, often the one who requires Legal Aid to the maximum. Secondly, being situated inside the educational institutions, the indigent person and illiterate fail to enter such premises due to social stereotyping and basic inhibition

(iv) Non-coordinated working of the Legal Aid Cells with Civil Society: There is a severe disconnect between the Legal Aid Cells and the social needs of the society. For any Legal Aid service to be effective, it has to have a holistic approach regarding delivery of services meaning thereby that people and communities which have a fear of facing social exclusion, in order to avoid that, they should be included as significant stakeholders. Therefore, various NGOs, social agencies and public interest groups working towards the upliftment of the downtrodden, disadvantaged, marginalized should be meaningfully collaborated with the Legal Aid Cells.

(v) Lack of Expertise of the Lawyers: Legal Aid Cells lacked sufficient expertise to provide legal advice in such cases. Lack of accountability of the lawyers regarding their availability at the Legal Aid Cells and correctness of the legal advice provided is another issue held accountable if they are not dealing with their case properly.

(vi) Geographic disadvantage: The term ‘urban’ is defined by the Census of India as a settlement center of 5,000 or more people. However, a measure based exclusively on population size of a settlement is not necessarily a correct reflection of its advantage/disadvantage in terms of access to justice. The approachability/inaccessibility can be understood as accessibility to central places or service centers (in the present case, Legal Aid Cells) based on road distances. The question of inaccessibility and approachability, like other considered disadvantages, should be viewed in relative terms. Number of studies, at macro and micro levels, have been conducted.

(a) Dr. Kalpesh Kumar L Gupta Assistant Professor – Research kgupta@gnlu.ac.in April 11, 2019 1 Issues & Challenges in Legal Aid & Pro-bono Work, The Way Forward.

(b) Prof Jeet Singh Mann A Study of Law School Based Legal Services Clinics (2011)

(c) Prof. Jeet Singh Mann, Impact of Competency & Commitment of the Legal Aid Counsels of the Legal Aid System in the City of Delhi. Conducted Empirical Research under the UGC Research Award in 2014.

(d) Prof. Kanwal DP Singh Analysis of functioning of Legal Aid cells in various law schools/universities/departments/ private universities submitted to Department of Justice, Government of India.

(e) “Cross Examination Is Not Child’s Play, Purpose of Legal Aid Is Not to Provide Platform for Young Lawyers” the Gujarat High Court has termed the system of providing Legal Aid to the poor litigants as ‘a farce.’ This harsh observation was made by the division bench comprising Justice J B Pardiwala and Justice A C Rao in a judgement setting aside the death penalty awarded to a woman for double murder.[33]

6. COSTS OF RESOLVING DISPUTES WITHIN THE FORMAL JUDICIAL MACHINERY

6.1. Overview of judicial costs for litigants

The Black’s Law Dictionary defines cost as a “pecuniary allowance made to the successful party for his expenses in prosecuting or defending a suit or a distinct proceeding with a suit”[1]generally the expenses are awarded at the pleasure of the court, especially in a civil matter “costs shall follow the event”.[2]

6.1.1. Classes of costs

The Civil Procedure Code 1908 deals with the following kinds of costs:

(i) General Costs (section 35):

The purpose of this section is to secure the expenses borne by a litigant during the litigation.[3]It neither benefits the winning party nor punishes the losing side[4], the only rule which is followed is whosoever wins the other party must bear the cost of his expenses during litigation too.[5] The principal rules pertaining to the award of general cost are hereunder:

  1. Costs to be awarded at the pleasure of the court: This choice of the court must be judicially applied by the courts following the dictates of fair play and equity. There is no one particular rule or procedure which needs to be followed, each case is to be looked at considering its own particular facts and circumstances.
  2. Award of cost to winning party: The rule is to give the winning party the costs unless there is an explicit reasoto deprive him of that opportunity.[6] This rule is not solely dependent on who wins or loses the case. If the successful party is guilty of misconduct, the party may be deprived the costs.[7]Section 35 (2) expressly lays down that the court must always record reasons every time it waives off paying the cost of the trial.[8] This section is based on the rule that “costs are only in indemnity, and never more than indemnity”.[9]

(ii) Miscellaneous Costs (Order 20-A):

There are specific powers granted to the court pertaining to the award of costs in certain matters where expenses have been incurred by the party for things like giving notices, typing charges, inspecting of records, obtaining copies and producing witnesses. Section 35 was compensatory in nature. Order 20A applies when the court thinks enough compensation has not been paid under section 35. The court can also take deterrent action under this section if it is of the opinion that the court case was inspired by malicious motive and was completely baseless.[10]Furthermore, this section is applicable only in suits and not in appeal or in revision. The existence of the following conditions is imperative before the application of this section[11]:

  1. the prerogative/right or defense must be untrue or malicious;
  2. objection raised by the opposing party that the claim or defense taken by the party was untrue to the knowledge of the party undertaking it.
  3. such claim must have been rejected or withdrawn in whole or in part.

The court can award a maximum of Rs. 3000 as compensation. The person awarded compensation is not exempted from criminal liability. In a subsequent suit of similar nature seeking damages or compensation for false claim or defense, the court shall consider the amount of compensation already awarded to the plaintiff.[12]The order awarding the cost of compensation is appealable. [13] However, no appeal lies against such an order.[14] This is because such an order is often termed as “case decided”, though a revision lies.[15]

(iii) Compensatory costs for false and vexatious claim or defenses (Section 35-A):

This is applicable during any proceeding, which also includes an execution proceeding but doesn’t include an appeal or revision. If a party, puts forward a false or vexatious argument which is later rejected, abandoned or withdrawn in whole or in part court may award compensation for the same. Although, the court cannot make an order for compensation for more than 3000 rupees or anything exceeding the pecuniary jurisdiction of that court.

(iv) Costs for causing delay (Section 35-B):

This provision was incorporated by the Amendment Act of 1976 in order to put a tab on the delay tactics applied by the litigating parties. It gives the authority to the court to levy penalties on parties deliberately trying to cause delay of time during the litigation procedure. Such costs have no semblance to the final outcome of the trial. Although, imbursement of such cost has been put as a precedent condition before the suit can move further.[16] This is a mandatory section, therefore the court will not permit additional prosecution or defense of the matter in case of the party failing to pay the court costs. If the reasons for delay are beyond the control of the party like strike of advocates or staff, declaration of the last day for payment of costs as holiday, etc. the court has the authority to condone such a delay by extension of time.[17]In the recent case of Ashok Kumar v. Ram Kumar[18], the apex Court opined that the current system of imposing inadequate costs in civil matters is not creating the required deterrent effect and is thereby unsatisfactory. A more pragmatic approach must be applied.

6.2. Exemption from judicial costs

The Constitution of India, through its ideals set forth in the Directive principles of State policy under Article 39A talks about providing free Legal Aid. Though they are not enforceable, yet on the basis of these ideals various laws have been made.These principles talk about exceptional circumstance wherein court fees can either be waived off or the same shall be borne by the state for people who cannot afford going to courts. The Law Commission has also made similar suggestion, by making certain exemptions pertaining to the cost of litigation. It suggested that the cost of litigations for the indigent litigants should be done by minimizing the cost of litigation and also improving the quality of Legal Aid. An indigent individual is somebody without sufficient means (other than property exempt from attachment) to pay the prescribed court fees.

Order XXXIII of Civil Procedure Code 1908 provides exceptional circumstances to an indigent person wherein he can file a suit without paying the actual court fees or any other fess in the process of litigation. Additionally, it is the responsibility of the court to provide an unrepresented litigant with an advocate in accordance to the rules laid down in that respective High Court. Similarly, for matters of appeal, Order XLIV of Civil Procedure Code 1908 enables an indigent person to do so without payment of court fee.

Furthermore, the Legal Services Authorities Act, 1987 has enlarged the scope of litigations for the needy and poor in India. It talks about the formation of National Legal Services Authority (NALSA) at the national level with the Chief Justice of India as its head and a senior Judge of the Supreme Court as its executive Chairman. Section 4 of the Act talks about the functioning of NALSA. On the same lines, every state has a State Legal Services Authority. Wherein a Legal Aid fund needs to be maintained by the High Court Legal Services Committee, District Legal Services Authority and Taluk Legal Services Committees. They will always have certain advocates on its roll, whose services can be availed by the indigent people upon fulfillment of the eligibility criterion. The eligibility conditions of who all are entitled to this fund are given under section 12 of the Act. It constitutes the following class of people:

(a) a person belonging to the Scheduled Caste or Scheduled Tribe;

(b) a victim of human trafficking;

(c) a woman or a child;

(d) an individual with a disability;

(e) an individual facing a situation of undeserved want such as a victim of a mass disaster, violence, natural calamities etc.;

(f) an industrial workman;

(g) a person in care or protection, including custody in a protective home or a juvenile home or psychiatric hospital; and

(h) in receipt of annual income less than rupees 50,000/-.

They can avail the benefits under the Legal Service Act only after a prima facie case is established to be prosecuted or defended.[19]

In order to ensure speedier trial, some of these matters are referred to the Lok Adalats also in order to ensure speedy justice. NALSA has also framed a Scheme for Free and Competent Legal Services, 2010 in order to make the procedure of approaching the Supreme Court easy and hassle free. Lok Adalats are also held regularly by the Legal Service Authorities and Committees at various levels.

In addition to that, the Supreme Court can exercise its power under Order XLVII Rule 6 of the Supreme Court Rules, 1966 to dispense with the payment of court-fee in appropriate cases. The courts have also provided exceptions by way of its various rulings. In a recent case of the Orissa High Court, women there were exempted to pay court fees.[20]In another case of the Delhi high court, the court directed entire court fees to be refunded when the matter was referred to mediation and the decree given was a Compromise Decree.[21]the Bombay high court gave a similar ruling when a matter was referred to the Lok Adalat.[22]

6.3. Mechanisms to reduce costs by variations to courts and procedures

The above cited instances of Article 39A and laws and judicial pronouncements have been instrumental in reducing the judicial costs. The legal services authority Act, 1987 was enacted with the sole objective of making litigation a less time consuming and cheaper alternative. The same has been achieved by introducing alternative sources like mediation, conciliation, arbitration, tribunals, Lok Adalats, evening courts, etc. They serve a two-way purpose of reducing the burden of court cases and additionally they are cheaper and follows fewer procedural technicalities to that of regular court cases.

7. PROTECTION OF DIFFUSE AND COLLECTIVE RIGHTS

The rights under this question have been categorically classified into two broad areas: Diffuse rights and Collective rights. Diffuse rights are indivisible in nature and enjoyed by a group as indeterminate set of rights. These are enjoyed by the group not only in collectivity but at an individual level. So, all the members of a particular group are able to enjoy all these rights individually so much so they are able to enjoy them as a group. They are very much similar to third generation of the human rights. Human rights, which are indispensable for any human beings have been classified into three broad categories:

(i) First generation of human rights which have been identified as Civil and political rights

(ii) Second generation of human rights which have been identified as Social, Economic and Cultural rights

(iii) Third generation of human rights, which have been identified as Collective rights or group rights.

So, there appears to be a misnomer as the third generation human rights are synonymous to the second category mentioned under the issue in question. But, these collective rights are different from the collective rights which are specified under the issue in question. As these third generation human rights can be enjoyed by a group but are also enjoyed by all the members of that group individual. These rights entail right to have clean and healthy environment, right to self-determination etc. In India, these rights are generally promoted by domestic statutes which have specifically adopted the international guidelines and protocols. This theory of Specific Adoption states that nations can explicitly adopt the international protocols and guidelines with the help of specific domestic legislations. Article 253 of the Indian Constitution, 1950 brings home the above-stated proposition.

So, the diffuse rights which mainly talk about environmental rights, right to education have their constitution as well as the legislations brought in by the Parliament from time to time. The right to clean environment has been ensured by the following statutes:

  • The Water Act, 1974
  • The Air Act, 1982
  • The Environment Protection Act, 1986
  • The Wildlife Protection Act, 1972

Not only these central laws prevailing over the entire territory of India are ensuring right to protection of environment but there are innumerable state laws as well to ensure the similar objectives. The redressal agencies under these various environmental statutes do help in addressing the problems which arise over a period of time. Another example of the diffuse rights can be intersectional rights. These rights should compound together so that all the marginalized people come together in support of each other. Say, women, LGBTQIA+ members, people considered low in the caste hierarchy should come together in support of each other. These people have their individual rights embedded in the law of the land but they enjoy collective rights as well under the realms of inter-sectionality.

However, collective rights are enjoyed by the group and not individually. So, enforcement rights against the state entity come under its domain. So, Public Interest Litigation under the Article 32 and 226 of the Indian Constitution, 1950 are the clear exemplification of the collective rights. The redressal agencies under these rights can be the justice delivery system in India entailing Supreme Court, High Court.

9. TECHNOLOGICAL INNOVATION AND ACCESS TO JUSTICE

Digital technology has  eased provision for legal services. Delhi Police provides certain services to citizens online such as lodging an e-FIR[1], reporting complaints online, lodging missing person report, domestic help registration, tenant registration[2] etc. Other Government services such as applying for birth, death and marriage registration certificates, applications for PAN Card, Aadhar Card, Passport[3], issuing Record of Rights, issuance of caste certificate and domicile certificate[4] etc. are all available online. Additionally, citizens can also file RTI Applications and First Appeals online.[5] Applaudable steps have been taken  in order to further the digitalization in the Legal Aid which consequently has undoubtedly eased the various tedious legal tasks and the matters connected therewith. For example, the ‘Tele Law Portal’, which seeks to facilitate the delivery of legal advice, by connecting lawyers having subject matter expertise with clients from marginalized social sector through video conferencing at various special centers set up by the Legal Services Authorities. Further, the Supreme Court led the digitalization of one crore five lakh pages and records of civil appeals from pre-independence era till the year 2002 is a commendable step with regard to the matter at hand. The Integrated Case Management System (ICMS), the National Judicial Data Grid, the E-Courts project etc. are other examples highlighting the advent and consequential benefits of digitalization to this legal field and specially the arena of Legal Aid. It is noteworthy that the Nyaya Mitra program which was launched in 2017 to collaborate with the e-courts could render admirable assistance in resolution of cases that have been pendent for more than ten years thereby reducing pendency of litigation in courts. Technology has made available the vast multitude of Central and State Legislations, Notifications, Bills, Standing Committee and Law Commission Reports etc. at the click of a button. Several Governmental and Non-Governmental agencies have been instrumental in free access to legal and law related information in India. The National Informatics Centre (hereinafter referred to as the ‘NIC’) (http://www.nic.in/) has launched web portals such as www.judis.nic.in, https://indiacode.nic.in/, http://lawcommissionofindia.nic.in/, ministerial websites and websites of various High Courts thereby, providing access to cause lists and case status reports, daily orders and judgments of the Supreme Court of India, all State High Courts, District and subordinate Courts and Tribunals as well as provides access to Acts, Central and State legislations, Rules, Regulations, Government Orders and Commission and Committee Reports.[6] Additionally, several private initiatives have also been undertaken such as http://www.legalserviceindia.com/ and www.indiankanoon.org which provides access to legal articles, Legislations, Bills enacted by the Parliament, Parliamentary Committee discussion papers etc. The creation of the Legal Information Institute of India (hereinafter referred to as the ‘LII of India’) (http://www.liiofindia.org/) was a step in the direction of the free access to law movement in India. It was established in 2011 by AusAID and the Australian Research Council.[7] The LII of India Project was supported by 8 National Law Schools and partnering institutions. The portal provides free access to a legal database containing case laws, legislations, scholarly legal articles, reports and treaties etc.

The e-Courts Project is an integrated mission mode project which is a part of theNational e-Governance Plan for the Indian Judiciary.[8] The e-Governance Plan aims at information and communication technology enablement and computerization of the Indian Judiciary in an attempt to make the justice delivery system efficient, timely, affordable and accessible. Through the collaborative effort of the Department of Justice, the National Informatics Centre and other Central Government institutions, software and applications enabling and providing effective court management and case management systems, case information system, e-Filing and e-Payment gateways, Video Conferencing facilities, Virtual Traffic Courts and payment of e-Challan penalties[9], National Judicial Data Grid, mobile based service delivery through SMS and mobile applications, have been implemented.[10] The introduction of digital filing (e-filing) in the Supreme Court of India through the Integrated Case Management and Information System has been especially, hailed as a significant step towards paperless filings and introduction of technology in the legal system.[11] Another important step under the e-Courts Project has been the launch of the first Virtual Court (http://vcourts.gov.in/virtualcourt/) for online payment of e-traffic challans digitally generated by the Delhi Traffic Police.[12]

The Supreme Court of India has recently in November 2019, launched its officmultilingual Mobile Application providing real time access to case status, display board, daily orders, judgments, office reports and circulars.[13] Another noteworthy achievement is the availability of judgments pronounced by the Supreme Court of India translated in regional languages on the official Court website as well as the mobile Application. The judgment in a case originating from a particular state is available in the language of that state.[14] The Supreme Court Registry has launched a software namely, the Supreme Court Vidhik Anuvaad Software (SUVAS) which is trained by Artificial Intelligence and is capable of translating English judicial documents such as orders and judgments into nine vernacular languages.[15] Additionally, certain State High Courts have also incorporated technology to ease and expedite court processes. The Telengana High Court has launched the Inter-operable Criminal Justice System (ICJS) as well as the National Service and Tracking of Electronic Processes (NSTEP).[16] The ICJS Project will help integrate Crime and Criminal Tracking Network and Systems (CCTNS) with the e-Courts and e-Prisons databases as well as with Forensic, Prosecution and Juvenile Homes such that multiple data entry is reduced and seamless exchange of real time information is enabled. Further, through the NSTEP, electronic service of notices and summons is made available. The Madhya Pradesh High Court has also launched a service for obtaining e-certified copies namely the ‘Online Certified Copying Software’ through which online certified copies of orders or judgments are provided to litigants and lawyers and they are updated regarding the delivery of the same through SMS facility.[17]

The Department of Justice, Ministry of Law and Justice has also launched two services namely the Tele Law Mobile Application as well as the Nyaya Bandhu (Pro Bono Legal Services) Mobile Application.[18] Through Tele Law services (http://www.tele-law.in/), lawyers are connected to litigants, particularly the marginalized groups located in far flung and remote areas of the country, through video conferencing and telephone facilities available at Common Service Centers (CSCs) located at the Gram Panchayat level.[19] The Nyaya Bandhu (Pro Bono Legal Services) mobile application has been developed to encourage and promote the culture of providing pro bono legal assistance with the help of practicing advocates registered with the platform.[20]

Another effort towards a speedy and cost effective dispute redressal mechanism was the introduction of the Online Consumer Mediation Centre (OCMC), NLSIU which was a pilot project by NLSIU set up by the Ministry of Consumer Affairs and recognized by the Ministry of Law and Justice, Government of India.[21] This ONMC Project aimed at grievance redressal and resolution of consumer disputes through the online mediation platform with the assistance of qualified web mediators following a strict code of neutrality and integrity.[22]

The Open Society Foundations, the UK Department for International Development and the Australia Aid have collaborated towards global legal empowerment by establishment of the Global Legal Empowerment Initiative (hereinafter referred to as the ‘GLEI’).[23] The GLEI is a joint effort between Namati, an international organization working for the cause of legal empowerment at the community level and the Open Society Justice Initiative. Both the organizations, Namati and the Open Society Justice Initiative have, over the years, established a Global Legal Empowerment Network which consists of lawyers, paralegals, human rights activists, grassroot workers, educators, researchers etc. who collaborate over different geographic regions and disciplines and work towards global justice by equipping people with knowledge regarding usage of the law that affects them.[24] Namati deals with several initiatives across numerous countries. In India, the organization is working at helping fishing communities have a greater role in conditions that affect their lives especially with infrastructural and developmental projects coming up around coastal sites. Namati is working towards environmental regulation to achieve better environmental compliance.[25]

Another initiative commissioned by the Open Society Justice Initiative has been the Research Report titled ‘Technology for Legal Development: A Global Review’ conducted by ‘The Engine Room’ from August to December, 2018.[26] The Report focusses on how technology is being used across jurisdiction towards promoting the cause of legal empowerment and thereby, providing people with information about the law, legal advice, assistance and legal services. The study supports a technology enabled legal empowerment project which has the potential of expanding the geographic reach of legal service providers, enabling people to help themselves and providing a level playing field to legal professionals and the general public and thereby, minimizing the inequities in access to justice.[27] An example of some of the technology supported legal empowerment initiatives from India mentioned in the Report are, amongst others, Presolv360[28] (https://www.presolv360.com/) which is a legal-tech platform to resolve commercial disputes online through its Arbitration360 and Mediation360 module engaging qualified professionals; Nyaaya[29] (https://nyaaya.org/) which is a platform providing comprehensive legal information of various legal issues which the general public deals with in everyday life; the Online Consumer Mediation Centre (https://onlinemediationcenter.ac.in/) which is a pilot project of the NLSIU, Bangalore and provides innovative technological methods to resolve consumer disputes online[30]; Tele law, which is an initiative of the Department of Justice, and provides free Legal Aid and advice through video conferencing facility assisted by centers run by para legal volunteers.[31]

12. GLOBAL EFFORTS ON ACCESS TO JUSTICE

The Department of Justice, Ministry of Law and Justice, Government of India had, in collaboration with the United Nations Development Programme (hereinafter referred to as the ‘UNDP’), partnered and implemented three Projects namely ‘Strengthening Access to Justice in India’ from the period 2006-2008, ‘Access to Justice for marginalized People’ from the period 2008-2012 and ‘Increasing Access to Justice for marginalized People’ from the period 2013-2017.[1]  UNDP, through these projects, aimed at expanding access to justice to reach people living in the impoverished districts in India and helped them gain awareness about their rights and entitlements. These Projects involved participation of the National Legal Services Authority, the State Legal Service Authorities, the Ministry of Human Resource Development, the Ministry of Women and Child Development, the National Mission for Empowerment of Women and the National Law Universities.

The project ‘Access to Justice for Marginalized People’ had, as its primary focus, legal empowerment of the marginalized groups by providing them with justice services.[2] The Project aimed at enhancing access to justice especially for the marginalized group particularly women, minorities and members of the scheduled caste and scheduled tribes by supporting strategies and initiatives seeking to address the barriers faced by them due to absence of awareness, unapproachability of Legal Aid as well as absence of other support services to enable access to justice.[3] The Project was implemented in two phases i.e. from May 2009 to December 2012 and from January 2013 to December 2017 and had a two-fold purpose viz. to make better the established capacities of the justice service providers to empower them to effectually serve the deprived people as well as to directly empower the underprivileged strata of the society to demand justice.

As part of the Project, a Judges’ Training Manual on laws and problems concerning the marginalized groups as well as a Training Module for Judges on Anti-Human Trafficking were released. The Project also involved a study and compilation of good practice models on Legal Aid and empowerment across four different jurisdictions i.e. Sierra Leone, Indonesia, South Africa and Malawi which could be replicated in the Indian legal context. The Project further included a study on law schools based legal service clinics which assessed the condition, nature and quality of activities undertaken in legal service clinics across 7 states in India viz. Orissa, Bihar, Chhattisgarh, Jharkhand, Uttar Pradesh, Madhya Pradesh and Rajasthan. The Justice Innovation Fund was created as part of the Project for legal empowerment of marginalised people and capacity development of the intermediaries who assisted them. 7000 paralegals and 300 lawyers were trained and sensitised as part of these capacity development events. Additionally, the Project supported a series of paralegal training programmes conducted in the states of Odisha and Uttar Pradesh by the State Legal Service Authorities. The National Mission for Empowerment of Women (NMEW) was also supported by the Project for conducting action research on access to justice for women in the North East. The study also examined the participation and representation of women as part of the justice delivery system. The Project sought to pilot a legal awareness initiative using information and communication technology. Information relating to Legal Aid, empowerment and awareness was digitised to be uploaded on voice-based kiosks in order to assist people in learning about their rights and entitlements.[4] As a result of this partnership between the UNDP and the Government of India, legal information centres and mobile Right to Information clinics have been set up and radio and training programmes have also been launched.[5]

Another Project is the India Justice Report, 2019 which is an initiative of the Tata Trusts Foundation undertaken in collaboration with, amongst other organisations, the Commonwealth Human Rights Initiative (CHRI) which is an independent, non-profit, international NGO working in the field of human rights.[6] Through its research, advocacy and reports, the CHRI has drawn a lot of traction to the growth and impediments to human rights in Commonwealth countries.

The purpose of the India Justice Report was to invite attention of all stakeholders in the system on two areas of primary concern viz. access to justice and conditions of the institutions working towards justice delivery. The Report helped provide a complete comprehensive understanding of all key stakeholders in the India justice system i.e. the Police, the Prisons, Legal Aid and Judiciary as well as analysed and brought to light several systemic shortcomings in the system.[7]

Another step towards access to justice is the collaboration of the Centre for Policy Research in India with ‘Namati’, an international organisation working towards the cause of legal empowerment and advancing justice by equipping people to know, use and shape laws that affected them.[8] The Centre for Policy Research is a non-profit, independent institution and one of India’s leading public policy think tank. Namati works across numerous countries including India, USA, Myanmar, Kenya, Mozambique amongst others. Globally, Namati convenes the Global Legal Empowerment Network with members from over 160 countries comprising lawyers, paralegals, human rights activists, educators, researchers, public servants etc. who collaborate on overcoming common challenges faced by all and were dedicated towards attaining grassroot justice. The community has successfully advocated for the inclusion of ‘Access to Justice’ in the 2030 Sustainable Development Goals.[9]

13. CONCLUSION

The study on ‘Access to justice in India” aimed to look at legal system and legal aid in India . It is a critical appraisal of the system in our country with special mentions of the unique points and the shortfalls. Country as vast as India faces lots of challenges and has also devised beautiful ways to provide justice across length and breadth of our country. The study has tried to evaluate and critically analyse each part of the questionnaire. We have discussed the framework improvement of access to justice.

First part deals with the general information about our country . It talks about history of independence, population and rights of the people of India , and the democratic setup of the country. It discusses about legislature, and election of PM and the President of the country is incredibly diverse in terms of political identities, including castes, communities, tribes, economic classes, ethnicities, languages, customs and religions.Indian Constitution serves as the basis for the operations of the Executive, the Legislature and the Judiciary with a decentralized system of governance. Indian judiciary has an integrated court system that administer Union and State laws. Judicial System of India consists of the Supreme Court, High Court, District Court or Subordinate Court. The discussion moves on to  liberalization of Indian  economy  in 1991 and has since then made considerable growth in its gross Domestic Product (GDP).According to the Inclusive Development Index, declared by World Economic Forum 2018,  India finds place in  emerging economies.  But the report also revealed inequality in the workplace, with women receiving 34% less wages than male counterpart  for the same work (World Economic Forum, 2019).   The report reflects deprivation of shelter, water, sanitation, health and education . Unemployment rate  and lack of education in the country is also discussed.

Second part deals with the legal system in India as a byproduct of the common law influences of the colonial British rule and the Government of India Act, 1935. It also discusses the personal law influences India has a bicameral parliamentary system, with the lower house being House of People (Lok Sabha) and upper house being Council of States (Rajya Sabha). President is the executive head at the Centre. The executive head of the States (provincial units in India) is the Governor with most of them having a single legislative body called as the Legislative Assembly. India follows a uniform system of justice delivery. It is a pyramidal structure with the Supreme Court at the top and High courts at the States along with numerous subordinate courts respectively at the bottom. In the stricter sense of the term, India does not follow the federal structure. There is one Unified Judiciary, yet there are no separate federal courts to exclusively decide federal matters. All the Fundamental Rights and the Constitution are upheld by the Judiciary. The courts follow adversarial system in which both the parties present arguments before an impartial judge who would not indict the accused unless the case has been proven beyond reasonable doubt by the prosecution. General Functions of Courts in India and Hierarchy of Courts in India with their jurisdictions  has been discussed. Village courts at Panchayat levels are also elaborated.The country’s legal system has evolved tremendously from its colonial past to the independence struggle following globalisation. India though is quasi federal State in character, yet the bar has a unified structure with the Bar Council of India at the helm of affairs. The legal profession is governed by the Advocate’s Act, 1961 which has been discussed in detail.

Process and proceedings have been dealt in the third part. It gives an   overview of Criminal and Civil Procedure in India. In criminal law, any kind of investigation happens subsequent to a crime. There shall be an offence committed under the Indian Penal Code 1860, Code of Criminal Procedure 1973 or under any other special laws in force. The investigation process is discussed in detail A civil matter begins with the involvement of two or more parties, where one of them is aggrieved and approaches the court for a specific remedy in the form of compensation, specific performance, injunctions etc. This is dealt under Code of Civil Procedure 1908 . ADR mechanism is also  dealt in detail.There are different ways in which a matter is sent to mandatory alternative dispute settlement. In India, as soon as a matter is filed, parties are provided with options to settle their disputes alternatively, without resorting to judicial remedy. This provision is there for two reasons, firstly, to reduce the burden of cases and the increasing of pendency upon the courts and secondly, for a quick settlement of disputes in a time bound manner. The parties are to choose from the options provided for ADR, unless they have been exempted by the court. The judicial system in India is amongst the oldest in the world but due to the miniscule people to judges ratio, the pendency of matters was just piling up on an everyday basis. This situation did not change despite establishing fast track and evening courts in many states.

Part IV and Part V shows how ‘Access to Justice’ is a problem which not only plagues the legal community of our nation, but is a concern at the international level as well. There are various conventions dealing with this problem and providing legal aid to the needy individuals is the essence of these conventions. While the conventions appraise of the theoretical aspects, i.e, how legal aid is meant to be, but its effectiveness can only be gauged by looking into how it is put into practice.  Right to legal assistance is a constitutional and fundamental human right. By complying with the international human right instruments advocating for legal assistance such as International Covenant on Civil and Political rights (ICCPR 1968), India also amended its Constitution in the year 1976, by way of 42ndConstitutional Amendment Act to introduce provision for free legal aid. Thus, Article 39A under the Directive Principles of State Policy provides for ‘Equal Justice and Free Legal Aid’ to the people and mandates that “ the 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 disabilities. Hence, the Legal Services Authorities Act, 1987 was enacted under the Constitutional mandate to provide legal aid by constituting legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Few stakeholders are aware of the existence of the legal aid cell in the law schools and its purpose. There is acute lack of awareness regarding Legal Services Authorities Act, 1987, as well as the provisions of Article 39A and Article 21 of the Constitution. The project team could thus analyse whether the country achieved success in imparting  justice to those who fit the eligibility criteria for receiving free legal aid services. Regarding digitalisation, it was gathered from various studies that although it is serving a great purpose the efforts were not meeting desired results because of lack of awareness and lack of understanding of technology. Part V  deals in detail with Legal Aid budget in India and also the system of implementation of legal aid.

Costs of resolving disputes within the formal judicial machinery is discussed in part VI. Overview of judicial costs for litigants ,classes of costs, exemption from judicial costs and mechanisms to reduce costs by variations to courts and procedures is discussed at length. Part VII deals with  protection of diffuse and collective rights . The rights under this question have been categorically classified into two broad areas: Diffuse rights and Collective rights. These rights entail right to have clean and healthy environment, right to self-determination etc. In India, these rights are generally promoted by domestic statutes which have specifically adopted the international guidelines and protocols. This theory of Specific Adoption states that nations can explicitly adopt the international protocols and guidelines with the help of specific domestic legislations. Article 253 of the Indian Constitution, 1950 brings home the above-stated proposition. Not only these central laws prevailing over the entire territory of India are ensuring right to protection of environment but there are innumerable state laws as well to ensure the similar objectives. However, collective rights are enjoyed by the group and not individually. So, enforcement rights against the state entity come under its domain. So, Public Interest Litigation under the Article 32 and 226 of the Indian Constitution, 1950 are the clear exemplification of the collective rights. The redressal agencies under these rights can be the justice delivery system in India entailing Supreme Court, High Court.

Professional ethics are the standard code of conduct which professionals are expected to follow in India are dealt with in Part VIII. Certain judicial decisions are discussed in detail. The Indian Constitution imposes a duty upon the states to afford legal services to those who cannot pay for it themselves. Technological innovation  in India to provide justice  are discussed in Part IX. Digital technology has  eased provision for legal services. Delhi Police provides certain services to citizens online such as lodging an e-FIR, reporting complaints online, lodging missing person report, domestic help registration, tenant registration etc. Other Government services such as applying for birth, death and marriage registration certificates, applications for PAN Card, Aadhar Card, Passport, issuing Record of Rights, issuance of caste certificate and domicile certificate etc. are all available online. and the matters connected therewith.

The e-Courts Project is an integrated mission mode. The Supreme Court of India has recently in November 2019, launched its office multilingual Mobile Application providing real time access to case status, display board, daily orders, judgments, office reports and circulars. The Department of Justice, Ministry of Law and Justice has also launched two services namely the Tele Law Mobile Application as well as the Nyaya Bandhu (Pro Bono Legal Services) Mobile Application.

Constant efforts are being made to meet the unmet legal needs. The diversity of the country makes it susceptible to unmet demands but the efforts are on. Public Legal education through National Legal Service authorities (NALSA )and State legal service authorities(SLSA) are discussed in Part X and XI. Part XII deals with globalised efforts of our country  to deal with establishing rule of law and providing justice to all . The study sums up the report by discussing the major findings of the study, thereafter outlining the conclusion of the research by way of analyzing the system of justice. In the beginning, the focus was on collective enforcement of social, economic and cultural rights, and not individual legal action but over the years, legal aid has come a long way and its concept has evolved. As a result, its ambit has also widened and now it covers  a variety of services including representation by an advocate, preparation of pleadings, drafting of legal documents, advisory, obtaining certified copies of orders, payment of all court fees, etc.

Looking at the national legal framework including both constitutional and statutory framework, it becomes clear that the State is under an obligation and mandate to provide free legal aid to its citizens, irrespective of their economic and social status, who is unable to secure legal services on account of indigence, and whatever is necessary for this purpose has to be done by the State. Since the aim of the constitution is to provide justice to all and the Directive Principles are in its integral part of the Constitution, the Constitution dictates that judiciary has duty to protect rights of the poor as also society as a whole. All these provisions including the development of new aspects by the judiciary has helped to expand the scope of legal aid in India.

Instead of changing the entire structure of the Indian legal aid system, it is required that gaps which have been created in the existing system should be bridged with the help of various effective measures which act as key ingredients to a successful legal aid system in India. Successful legal aid programme in India requires the stakeholders to embark on a mechanism to inform and educate the public of its right to free legal aid. Further, the government must employ more effective processes to improve legal aid delivery system in the country.

This report while dealing with digitalization in legal aid very clearly highlights the importance of digitalization in the legal field. Considering the various advantages which this digital platform offers like speed, accuracy and non-degradation of data during transmission, further its processing, storage and transmission etc. the idea of digitalization in the legal field is strongly advocated in this report. Since the legal system, by its very nature, is labour-intensive and the legal process time-consuming and lengthy, it is quite obvious that application of technology will make a lot of difference especially with regard to the safe preservation and timely retrieval of the relevant data. The discussion on the global trends with respect to the digitalization in the legal field highlights the tremendous benefits which the employment of technology has done to this field. Availability and accessibility of large amount of legal data not only to legal practitioners, researchers, and law students but also to litigant parties owing to digitalization is a commendable step easing out the complexity of this legal field to a great extent. Apart from the easy and hurdle free availability of legal data, the digitalization in the legal aid services is an excellent way of informing the litigant parties (especially the litigants from the economically weaker section of the society) as to the legal practitioners who are rendering legal services pro-bono.

The detailed discussion on the government’s effort in this regard highlights the praiseworthy and applaudable steps taken by it in order to further the digitalization in the legal aid which consequently has undoubtedly eased the various tedious legal tasks and the matters connected therewith. For example, the ‘Tele Law Portal’, which seeks to facilitate the delivery of legal advice, by connecting lawyers having subject matter expertise with clients from marginalized social sector through video conferencing at various special centres set up by the Legal Services Authorities. Further, the Supreme Court led the digitalization of one crore five lakh pages and records of civil appeals from pre-independence era till the year 2002 is a commendable step with regard to the matter at hand. The Integrated Case Management System (ICMS), the National Judicial Data Grid, the E-Courts project etc are other examples highlighting the advent and consequential benefits of digitalization to this legal field and specially the arena of legal aid. It is noteworthy that the Nyaya Mitra program which was launched in 2017 to collaborate with the e-courts could render admirable assistance in resolution of cases that have been pending for more than ten years thereby reducing pendency of litigation in courts.Considering that there is every year increase in the internet users and the ubiquitous presence of internet, it is important as well as the demand of this digital age we are heading towards more use of technology in almost every field like communication, banking, education etc. and legal field is no exception to it.

 

ACKNOWLEDGEMENTS

My foremost thanks go to the almighty for providing me with the opportunity to take up this prestigious Project. This study of Access to Justice in India has been done by the Global Access to Justice Team (India) with guidance from the world coordinators. I would like to extend my heartfelt gratitude to Alan Paterson; Bryant Garth; Cleber Alves; Diogo Esteves; Earl Johnson Jr. General Coordinators and Tomoki Ikenaga, Regional Coordinator, Asia in Global Access to Justice Project, for bestowing me with the opportunity to lead this prestigious Global Access to Justice Project as the Lead National Researcher from India.

I want to express my special thanks to Diogo Esteves; and Tomoki Ikenaga for their enthusiastic encouragement and patient guidance by clarifying all my doubts while writing the report.

The success and failure of any work depend upon its team members. This Project wouldn’t have been completed successfully without invaluable contributions, help, and support from many individuals. I would like to acknowledge each member of my team for their direct and active role in researching, writing, reviewing, editing, and preparing this report. The time and effort they put into this Project was essential for our success and is greatly appreciated.

I extend my gratefulness to Prof. Kanwal D.P Singh for serving as the Head Researcher on this Project. Her continuous encouragement, constructive efforts and suggestions during the planning and development of this report is invaluable. I would be forever indebted to her for her constant support and facilitating the team by sharing findings of her report on Legal Aid submitted to Ministry of Law and Justice

My special thanks to NALSA authorities for their providing valuable information on Indian legal Aid system. I am very grateful to Dr. Renu Gosala, team Researcher, for her scholarly sights, useful discussions, and critical advice on specific sections of this Project.

I am grateful to student researchers, Ms. Nitya Thakur, Ms. Aditi Singh, and Ms. Konpal Preet Kaur. They undertook the task of collecting data and performing research in coordination with each other throughout the entire course of the making of this report. Their contributions to this Project have been invaluable. I would also like to thank Mr. Deepak Ram, Mr. Anish Gosala, for their valuable contribution and expert technical support on this Project.

Warmly,

Dr. Neelu Mehra

BIBLIOGRAPHY

[1] Sri Ram Sharma, “Indian Democratic Constitution” Foreign Affairs, Issue March/April, 2020. Available at: https://www.foreignaffairs.com/articles/india/1950-04-01/indias-democratic-constitution

[2] Reena Nand, The dynamics of Indian Political System, The Indian Journal of Political Science, Vol. LXXI, No. 2, April-June, 2010, pp. 413-424.

[3] Hartosh Singh Bal,“India’s Embattled Democracy” https://www.nytimes.com/2018/05/30/opinion/india-democracy.html last accessed 17 Sept 2019.

[4] Arendt Lijphhart, Patterns of Democracy, 226.

[5] Trading Economics, Available at:  https://tradingeconomics.com/india/gdp-per-capita-ppp last accessed 20 Aug 2019.

[6] Available at: https://www.business-standard.com/article/current-affairs/3-times-higher-poverty-rates-in-indian-households-with-children-survey-119070900133_1.html last accessed 14 May 2019.

[7] Rahul Tripathi, “India’s life expectancy improves marginally” The Economic Times, Available at:

https://economictimes.indiatimes.com/news/politics-and-nation/life-expectancy-improves-marginally-at-birth-to-69-years/articleshow/71041328.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst last accessed 15 May 2019.

[8] Human Development Report 2019 on, “Inequalities in Human Development in the 21st Century”, Available at: http://hdr.undp.org/sites/all/themes/hdr_theme/country-notes/IND.pdf last accessed 17 May 2019.

[9] Shalini Nair, “Millions out of poverty but glaring inequalities in India, reveals Human Development Index report”, Available at: https://indianexpress.com/article/india/human-development-index-undp-poverty-in-india-5357374/ last accessed 18 May 2019

[10] ET Bureau, Economic times, Available at: https://economictimes.indiatimes.com/jobs/indias-unemployment-rate-hit-6-1-in-2017-18/articleshow/69598640.cms?from=mdr last accessed 02 June 2019

[11] Sex ratio of India, Ministry of Statistics and Programme Implementation

UN (World Population Prospects 2019), Available at: http://statisticstimes.com/demographics/sex-ratio-of-india.php last accessed 16 May 2019.

[12] Article 50 of the Constitution of India 1950.

[13] Article 141 of the Constitution of India, 1950.

[14] Article 137 of the Constitution of India,1950.

[15] Article 131 of the Constitution of India,1950.

[16] Article 32 of the Constitution of India,1950.

[17] Article 132-134 of the Constitution of India,1950.

[18] Article 143 of the Constitution of India,1950.

[19] Article 129 of the Constitution of India,1950.

[20] Article 32, 136 and 137 of the Constitution of India,1950.

[21] Section 9 of the Code of Civil Procedure 1908 the Courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

[22] Section 15 of the Code of Civil Procedure 1908 lays down that every suit must be instituted in the Court of the lowest grade having jurisdiction to hear it.

[23] Press Trust of India, New Delhi, Business Standard, 29th March, 2019. Available at: https://www.business-standard.com/article/pti-stories/sc-designates-37-lawyers-as-senior-advocates-119032901066_1.html last accessed on 12 August, 2019.

[24] Indira Jaising v. Supreme Court of India, 2017 9 SCC 766.

[25] As on 1st April, 2019.

[26] Available at: https://www.legallyindia.com/tag/number-of-lawyers last accessed on July 2019.

[27] Article 39 of the Constitution of India, 1950.

[28] Section 32 of the Advocates Act, 1961.

[29] Article 217 of the Constitution of India,1950.

[30] Article 124B of the Constitution of India,1950 .

[31] Article 124A of the Constitution of India,1950 .

[32] Section 24,  Criminal Procedure Code, 1973.

[33] Section 154 of Criminal Procedure Code, 1973.

[34] Section 155(2) of Criminal Procedure Code, 1973.

[35] Section 154(3) of Criminal Procedure Code, 1973.

[36] Section 156(3) Criminal Procedure Code, 1973.

[37] Section 173 of Criminal Procedure Code, 1973.

[38] Section 204 of Criminal Procedure Code, 1973.

[39] Section 190 of Criminal Procedure Code, 1973.

[40] Section 204 of Criminal Procedure Code, 1973.

[41] Section 207 of Criminal Procedure Code, 1973.

[42] Section 225 to 233 of Criminal Procedure Code, 1973.

[43] Section 228 of Criminal Procedure Code, 1973.

[44] Section 229 of Criminal Procedure Code, 1973.

[45] Sections 230 and 231 of Criminal Procedure Code, 1973.

[46] Section 136-166 of Criminal Procedure Code, 1973.

[47] Section 313 of Criminal Procedure Code, 1973.

[48] Section 360 of Criminal Procedure Code, 1973.

 [49] (2010) 8 SCC 24.

[50] S. 89 Civil Procedure Code 1908.

[51] r. 5(f)(iii) of the Civil Procedure- Mediation Rules, 2003.

[52] r. 5(f)(iii) of the Civil Procedure- Mediation Rules, 2003.

[53] (2010) 8 SCC 24.

[54] Russell on Arbitration, Sweet & Maxwell, (London, twenty-first edition, 1997) 9.

[55] AIR 1926 Bom 551.

[56] Article 14 of The Constitution of India,1950.

[57] Equal Protection and Fundamental Rights, Available at: http://law2.umkc.edu/faculty/ projects/trials/conlaw/fundrights.html last accessed on   15 Dec  2018.

[58]Art. 39A.The Constitution of India,1950.

[59] Art. 38(1), The Constitution of India,1950.

[60]  Art. 21, The Constitution of India,1950.

[61] Art. 22(1), The Constitution of India,1950.

[62] Legal Services Authorities Act, 1987.

[63] Law Commission of India, 14th Report on Reform of Judicial Administration (1958), Chapter. 27(1):587-624.

[64] S. 304, Code of Criminal Procedure, 1973.

[65] S. 304(3), Code of Criminal Procedure, 1973.

[66] Order 33. Code of Civil Procedure, 1908.

[67] Ibid.

[68] National Legal Services Authority Rules, 1995.

[69] Suchitra Yadav, “Issues in implementation of free Legal Aid schemes – Critical Analysis of Art 39A of the Constitution of India”, available at: https://blog.ipleaders.in/article-39a/ (Last accessed November 4, 2018).

[70] S.19-22, Legal Services Authorities Act, 1987.

[71] Legal Services Authorities (Amendment) Act, 2002.

[72] Supra note 8.

[73] (1981) 1 SCC 635.

[74] (1986) 3 SCC 596.

[75] 1979 SCR (1) 192.

[76] (2012) 9 SCC 1.

[77] 1995 SCC (5) 730.

[78] (2011) 9 SCC 801.

[79] AIR 2000 Guj. 232.

[80](2014) 4 SCC 427.

[81] 2006 (2) ALT 217.

[82] (2005) 6 SCC 478.

[83] (2008) 2 SCC 660.

[84] AIR 1999 Del. 88.

[85] AIR 2013 AP 41.

[86] Police and You (Know your right) Commonwealth Human Rights Initiative, Available at: http://humanrightsinitiative.org/publications/police/legal.pdf (Last accessed  15 Dec 2018).

[87] State of Gujarat v/s. Manjuben (Guj HC,8/03/2019)

https://www.livelaw.in/news-updates/purpose-of-legal-aid-is-not-to-provide-platform-for-young-lawyers- last accessed 18 Oct 2019.

[88] Article 21 of the Constitution of India, 1950.

[89] Article 23 of the Constitution of India, 1950.

[90] Article 38 (1) of the Constitution of India, 1950.

[91] Article 39-A of the Constitution of India, 1950.

[92] 1995 SCC (5) 730.

[93] 1978 AIR 1548.

[94] Legal Aid Committee formed in 1971.

[95] Government of India, Ministry of Law, Justice and Company Affairs, Report of the Expert Committee on Legal Aid – Processual Justice to the People’s, May 1973, Para 5, p. 10.

[96] National Legal Service Authority, India, Available at: https://nalsa.gov.in/dashboard last accessed 12 Nov, 2019.

[97] National Legal Service Authority, India, Available at: https://nalsa.gov.in/about-us/organogram

Last accessed 12 Nov 2019.

[98] Section 15 of the Legal Services Authorities Act, 1987.

[99] National Legal Sevices Authority Annual Report 2015-2016, “Annual Accounts of National Legal Aid Fund And Audit Report of the Comptroller and Auditor General of India New Delhi for 2015-16,Available at: https://drive.google.com/file/d/1XQ8d4NBfETmdAPY__W4Fd7GN1tPvbLjq/view last accessed Nov 15, 2019

[100] Available at: https://drive.google.com/file/d/10z2WoQZY5XUvDQH2VVljalfBRV7I-min/view last accessed on 15 Nov, 2019.

[101] Regulation 8 (14) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010.

[102] Article 22 of the Constitution of India,1950.

[103] Section 12 of the Legal Services Authorities Act, 1987.

[104] Section 13 (1) of the Legal Services Authorities Act, 1987.

[105] Section 2(c) of the Legal Services Authorities Act, 1987.

[106] Section 12(c) of the Legal Services Authorities Act, 1987.

[107] Section 12 (c) of the Legal Services Authorities Act, 1987.

[108] Section 12 of the Legal Services Authorities Act,1987.

[109] Section 2 (g) of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956).

[110] Section 2 (j) of the Juvenile Justice Act, 1986 (53 of 1986).

[111] Section 2 (g) of the Mental Health Act, 1987(14 of 1987).

[112] 12(h) of the Legal Services Authorities Act, 1987.

[113] National Legal Services Authority, Available at: https://nalsa.gov.in/faqs last accessed 20 Nov, 2019 .

[114] Regulation 7(2) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010.

[115] State of Maharashtra v. Manubhai Pragaji Vash, AIR. 1996 SC 1.

[116] Report by V.M Salgaocar Law college, Goa in with the UNDP and Government of India on Access to Justice Project on “Study of the Law School based Legal Service Clinics conducted in 2011 (page 11).

[117] Ibid at 8.

[118] Data available at: https://nhrc.nic.in/press-release/suo-motu-cognizance last accessed 22 January 2020

[119] Apperson vs. Insurance Company 38 N.J. Law.

[120] C.K. Thakker, Code of civil procedure (Lawyer’s edition) Vol. 1 at 645-47.

[121] Nandlal Tanti vs. Jagdeo Singh AIR 1962 Pat 36.

[122] N.Peddanna Ogeti v. Katta vs. Srinivasayya Setti Sons AIR 1954 SC 26.

[123] Tungabhadra Industries Ltd. vs. Govt. of A.P. AIR 1964 SC 1372.

[124] Jugraj Singh vs. Jaswant Singh (1970) 2 SCC 386.

[125] Col.A.S. Iyer vs. V. Balasubramanyam (1980) 1 SCC 634.

[126] Jugraj Singh vs. Jaswant Singh (1970) 2 SCC 386.

[127] Gundry vs. Sainsbuy (1910) 1 KB 645.

[128] T. Arvindanam vs. T.N. Satyapal (1977) 4 SCC 467.

[129] S. 35-A (1).

[130] S. 35-A (3)(4).

[131] S. 104(1) (ff)

[132] S. 104 (1) Proviso.

[133] Purna Chandra vs. Secy. Of State AIR 1937 Pat 477

[134] Hakmi vs. Pitamber AIR 1978 P&H 145.

[135] Anand Prakash vs. Bharat Bhushan (2009) 2 SCC 656.

[136] (2009) 2 SCC 656.

[137] Section 13 of the National Legal Service Act, 1987.

[138] Sanjay Kumar Das vs. Munmum Patnaik, 2018 SCC OnLine Ori 445.

[139] Nutan Batra vs. Buniyaad Associates 2018 SCC OnLine Del 12916.

[140]In re Refund of Court Fees 2013 SCC OnLine Bom 1383.

[141] Section 49(1)(c) of the Advocates Act, 1961.

[142] Section 35 of the Advocates Act, 1961.

[143] 2004 AIR SCW 2894.

[144] (1941) 43 BOMLR 250.

[145] (1999) 2 SCC 743.

[146] Section 38 of the Advocate’s Act, 1961.

[147] AIR 2001 SC 2509.

[148] N.G Dastane v. Shrikant S. Shivde, AIR 2001 SC 2028.

[149] All India Bar Examination, Available at: http://www.allindiabarexamination.com/ last accessed 17 January 2020

[150] AIR 2018 SC 3635.

[151] Ex-Capt. Harish Uppal v Union of India and Another, (2003) 2 SCC 45

[152] Common Cause a Registered Society v. Union of India and Others AIR 2005 SC 4442

[153] The Delhi High Court Amendment Act, 2015

[154] Asian News International, FirstPost, March,28. 2020, Available at: https://www.firstpost.com/india/tis-hazari-court-clash-two-days-after-incident-delhi-lawyers-protest-outside-sc-demand-law-to-protect-advocates-7597401.html last accessed 18 January 2020

[155] Prachi Shrivastava, “Can the SC do anything about frequent strikes by lawyers?”Livemint, 6th Oct,2015Available at: https://www.livemint.com/Politics/DIQyJ9qcsdrC9k99DDO0VJ/Can-the-SC-do-anything-about-frequent-strikes-by-lawyers.html last accessed 18 January 2020

[156] Article 39 A of the Constitution of India 1950

[157] Section 12, Legal Services Authority Act of 1987.

[158] Expert Committee on Legal Aid of the Ministry of Law and Justice, chaired by Justice V. R. Krishna Iyer.

[159] Delhi Police,”Citizen Services”,Available at: http://www.delhipolice.nic.in/citizen_services.html last accessed 22 Jan 2020

[160] ibid

[161] National Government Services Portal, Available at: https://services.india.gov.in/?ln=en last accessed 22 Jan 2020

[162]District Delhi , “Services at doorstep” Available at: https://edistrict.delhigovt.nic.in/in/en/Public/Services.html; last accessed 22 Jan 2020

[163] RTI online, “An initiative of Department of Personnel & Training, Government of India” Available at: https://rtionline.gov.in/ last accessed 22 Jan 2020

[164]Prof.Ranbir Singh, Prof. Srikrishna deva Rao,”Access to legal information & research in digital age” National Law University Press,Sector-14, Dwarka, New Delhi-110078, Available at: http://nludelhi.ac.in/download/publication/2015/Access%20to%20LEgal%20Informationa%20and%20Research%20in%20Digital%20Age.pdf last accessed on 13 Feb 2020

[165] Indian Law Institute, Delhi, Available at: http://www.liiofindia.org/liiofindia/brochure.pdf

[166]Justice Sunil Ambwani ”Information and Communication Technology in Courts” National Judicial Academy Bhopal. Available at:

http://www.nja.nic.in/Concluded_Programmes/2018-19/P-1142_PPTs/1.Information%20and%20Communication%20Technology%20in%20Courts.pdf

[167] High Court of Delhi, New Delhi “Notice” Available at: http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_GCCMN0V665H.PDF

[168] eCommittee, Supreme Court of India, “Objectives Accomplishment Report As per Policy Action Plan Document” eCourt Project Phase II, Available at: https://ecourts.gov.in/ecourts_home/static/manuals/Objective%20Accomplishment%20Report-2019.pdf last accessed 20 Jan 2020

[169] Press Information Bureau, Government of India,Prime Minister’s Office.

Available at: https://pib.gov.in/newsite/PrintRelease.aspx?relid=161685 last accessed on 17 Feb 2020

[170]Prathma Sharma,”Virtual court for online payment of traffic challan launched in Delhi”Livemint,

Available at: https://www.livemint.com/news/india/virtual-court-for-online-payment-of-traffic-challan-launched-in-delhi-1564210426060.html last accessed  17 Feb 2020

[171]  “Supreme Court Launches Multilingual Mobile Application” LiveLaw, Available at: https://www.livelaw.in/news-updates/supreme-court-launches-multilingual-mobile-application-150192

[172] “Supreme Court Starts Uploading Of Judgments In Regional Languages” LiveLaw, Available at: https://www.livelaw.in/top-stories/sc-begins-uploading-of-judgments-in-regional-languages-146476

[173] supra n.31

[174] supra n. 148

[175] “Madhya Pradesh HC Becomes First Court In Country To Provide Online Certified Copies To Litigants”LiveLaw, Available at: https://www.livelaw.in/news-updates/madhya-pradesh-hc-becomes-first-court-in-country-to-provide-online-certified-copies-to-litigants-150520 last accessed 12 Feb 2020

[176] “Department of Justice Launches Tele-Law: Mobile Application & Dashboard and Nyaya Bandhu(Pro Bono Legal Services)Mobile Application”Ministry Of Law and Justice, Available at: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1565228 last accessed 12 Feb 2020

[177] Overview of Tele-Laws,Department of Justice,Available at: http://tele-law.in/static/overview-tele-law.php last accessed 16 Feb 2020

[178] supra n. 36

[179] Online Consumer Mediation Centre,National Law School of India University, Available at: https://onlinemediationcenter.ac.in/about-online-consumer-mediation-centre/ last accessed 16 Feb 2020

[180] ibid

[181] Open Society, Justice Initiative, “THE GLOBAL LEGAL EMPOWERMENT INITIATIVE”Available at: https://www.justiceinitiative.org/uploads/c0ea0ba9-34c9-45e8-bab0-c16e9540508a/glei-description-092712.pdf last accessed 17 Feb 2020

[182] NAMATI, Available at: https://namati.org/network/  last accessed 12 Jan 2020

[183] NAMATI “Seeking Environmental Justice in India,”Available at: https://namati.org/ourwork/environment/  last accessed 14 Jan 2020

[184] Technology for legal Empowerment : A Global Review.Available at: https://www.theengineroom.org/wp-content/uploads/2019/01/Tech-for-Legal-Empowerment-The-Engine-Room.pdf last accessed 16 Jan 2020

[185] ibid

[186] Available at: https://www.presolv360.com/about_us last accessed 16 Jan 2020

[187] Nyaaya, Vidhi Centre for Legal Policy,Available at: https://nyaaya.org/about-us/ last accessed 16 Jan 2020

[188] Online Consumer Mediation Centre, Available at: https://onlinemediationcenter.ac.in/about-online-consumer-mediation-centre/ last accessed 14 Jan 2020

[189] Supra n. 160

[190] C.Raj Kumar, “ Expanding cases to Justice, The Hindu, 28th Nov, 2013,Available at: https://www.thehindu.com/opinion/lead/Expanding-access-to-justice/article11758732.ece last accessed 12 Oct 2019

[191] Citizen Amendment Bill, 2016, Available at: http://www.prsindia.org/uploads/media/Citizenship/Citizenship%20(A)%20bill,%202016.pdf last accessed 12 Oct 2019

[192] National Legal Services Authority, Available at https://nalsa.gov.in/home last accessed 12 Jan 2020

[193] Legal Literacy Programmes, Haryana State Legal Services Authority, Available at: http://hslsa.gov.in/misc/legal-literacy-programmes last accessed 12 Jan 2020

[194] Legal Literacy, Delhi State Legal Service Authority, Available at http://dslsa.org/legal-literacy-wing/ last accessed 24 Jan 2020

[195] Statistics, Delhi State Legal Service Authority, Available at http://dslsa.org/statistics/ last accessed 24 Jan 2020

[196] Rajasthan State Legal Service Authority, Available at: http://www.rlsa.gov.in/legal-awareness.html last accessed 24 Jan 2020

[197] Uttarakhand State Legal Services Authority, Available at: http://slsa.uk.gov.in/pages/display/114-statistical-information last accessed 24 Jan 2020

[198] National Legal Services Authority, Library, Available at: https://nalsa.gov.in/library/annual-reports last accessed 24 Jan 2020

[199] Majlis manch, Narrative Report 2017-18, Available at: http://majlislaw.com/file/Majlis_Annual_Report_2017_18.pdf last accessed 10 Dec 2019

[200] Social Legal Information Centre (Registered Society and Trust), Available at: https://hrln.org/who-we-are/ last accessed 10 Dec 2019

[201] Social Legal Information Centre (Registered Society and Trust), Training and Seminars, Available at: https://hrln.org/trainings-and-seminars-under-ccri/ last accessed 10 Dec 2019

[202] AALI, Available at: http://aalilegal.org/about/history/ last accessed 10 Dec 2019

[203] Legal Awareness, Multiple Action Research Group, Available at: https://www.ngo-marg.org/what-we-do/legal-awareness/ last accessed 10 Dec 2019

[204] Initiatives by Ministry of Law & Justice, Available at: http://lawmin.gov.in/initiatives/initiatives-taken last accessed 02 Nov 2019

[205] Access to Justice Project, Government of India, Ministry of Law and Justice, Department of Justice, Available at: https://doj.gov.in/sites/default/files/150930-A2J-Project-info%20%281%29_0.pdf02 Nov 2019

[206] ibid

[207] Legal Literacy Project, Department of Justice,Available at: https://doj.gov.in/sites/default/files/English_final_1.pdf 02 Nov 2019

[208] Available at: http://cbseacademic.nic.in/web_material/Curriculum19/Main-SeniorSecondary/33_Legal_Studies.pdf last accessed  12 Aug 2019

[209] Available at: https://www.cisce.org/pdf/ISC-Class-XII-Syllabus-2021/35.%20ISC%20Legal%20Studies.pdf last accessed  11 Aug 2019

[210] Quarterly Legal Services Bulletin Issue No 1 of 2018, National Legal Services Authority

Available at: https://nalsa.gov.in/newsletter/7 last accessed 02 Sept 2019

[211] Annual Report 2018, NALSA, Available at: https://nalsa.gov.in/library/annual-reports/annual-report-2018 last accessed 04 Sept 2019

[212] Literacy Programmes,HSLSA, Available At: http://hslsa.gov.in/misc/legal-literacy-programmes last accessed 05 March 2019

[213] A Scheme for students legal literacy clubs,  http://chdslsa.gov.in/right_menu/schemes/pdffiles/legal_literacy_club.pdf last accessed 03 March 2019

[214] Newsletter, NALSA, Available at: https://nalsa.gov.in/newsletter/8 last accessed 12 March 2019

[215] legal Awareness, MARG(NGO) Available at: https://www.ngo-marg.org/what-we-do/legal-awareness/ last accessed 02 Jan 2020

[216] Ibid

[217] Supreme Court Legal Service Committee, Available at:  http://www.sclsc.nic.in/ last accessed 02 March 2020

[218] https://nalsa.gov.in/training-modules/training-module-part-1 last accessed 12 Jan 2020

[219] https://nalsa.gov.in/library/annual-reports/annual-report-2018  last accessed 10 Jan 2020

[220] https://nalsa.gov.in/newsletter/8 last accessed 10 Jan 2020

[221] Supra n 222

[222] Preventive & Strategic Legal Services Schemes, NALSA, Available at:

https://nalsa.gov.in/acts-rules/preventive-strategic-legal-services-schemes last accessed 20 Feb 2020

[223] Legal Aid Defense Counsel System, NALSA, Available at:

https://nalsa.gov.in/acts-rules/guidelines/legal-aid-defense-counsel-system-2 last accessed 21 Feb 2020

[224] Increasing Access to Justice for marginalized People: GoI-UNDP Project, Available at: https://doj.gov.in/sites/default/files/Increasing-A2J_0.pdf last accessed 04 sept 2019

[225] Dr. Jeet Singh Mann, “Impact Analysis of the Legal Aid Services”,Research report, 2012-14, Available at http://nludelhi.ac.in/download/2017/dec-2017/UGC%20Research%20Award%20in%20Law%202014.pdf last accessed 20 Jan 2020

[226] Supra n 204

[227]  Supra n 201

[228] United Nations Development Programme, Partnership with Department of Justice, Ministry of Law and Justice, Available at: https://www.undp.org/content/dam/india/docs/Fact_Sheets_Law_&_Justice.pdf accessed on 02 Nov 2019

[229] Supra n 226

[230]International conference on “Equitable access to justice: Legal Aid and legal empowerment” Organised by Department of Justice, Government of India and The UNDP on 17-18 November 2012 at New Delhi, India.  Available at: https://www.undp.org/content/dam/india/docs/DG/equitable-access-to-justice-legal-empowerment-legal-aid-and-making-it-work-for-the-poor-and-marginalised.pdf last accessed 20 Sept 2019

[231] Supra n 232

[232]Supra n 201

[233] India Justice Report: “Ranking States on Police, Judiciary, Prisons and Legal Aid”,2019 Published by Tata Trusts in Oct, 2019, Available at: https://www.tatatrusts.org/upload/pdf/overall-report-single.pdf

[234] ibid

[235] Supra n 184

[236] Supra n 184