Only 1% Of Arrested Represented Through Legal Aid Panel : Justice Lalit Stresses Need To Spread Awareness
Shrutika Pandey
28 Aug 2021 7:59 PM IST
Justice U.U. Lalit said that legal aid must reach the 'have-nots', enabling them to exercise their rights from the earliest possible stage. He was speaking at the inaugural ceremony of "Capacity Building Programme on Pro-active Approach in Legal Assistance: Intervention at early stages', which was organized by Uttar Pradesh State Legal Services Authority (UPSLSA) under the aegis of National...
Justice U.U. Lalit said that legal aid must reach the 'have-nots', enabling them to exercise their rights from the earliest possible stage.
He was speaking at the inaugural ceremony of "Capacity Building Programme on Pro-active Approach in Legal Assistance: Intervention at early stages', which was organized by Uttar Pradesh State Legal Services Authority (UPSLSA) under the aegis of National Legal Services Authority (NALSA). The Programme was organized at Judicial Training & Research Institute (JTRI), Lucknow under the guidance of Justice Munishwar Nath Bhandari, Acting Chief Justice of Allahabad High Court & Executive Chairman, UPSLSA. The said event was attended by Judges of the Hon'ble Allahabad High Court, Senior Officials of the Government, Officials from Police and Prison Department, Judicial Officers, Administrative Officers, etc.
Justice Lalit remarked that at the pre-arrest stage, only 1% of the entitled have been represented through legal aid in the last twenty years. He attributed lack of knowledge and awareness as the cause for the low statistics.
To enhance the awareness of the legal aid machinery, he suggested using the police stations, i.e., the first interface with the police and post-offices, to reach every nook and corner of this country. He noted that knowing one's rights, also known as the Miranda Principles, is key to the functioning of the legal aid bodies.
Quoting from the report of Krishna Iyer Committee, he remarked,
"Legal Aid does not require large number of advocates providing these services; what matters is capable and committed persons."
He emphasized the need for a competent lot committed to the vision and goal of legal aid.
For the overall condition of legal aid in the country, Justice U.U. Lalit flagged three critical areas of concern: (a) Prison Overcrowding & Facilities; (b) Education of Children in Conflict With Law; and (c) Establishment & Functioning of Permanent Lok Adalats.
Prison Overcrowding & Facilities:
Justice Lalit remarked that a team of NALSA went to observe one of the prisons in Uttar Pradesh to find that while the arrangement and infrastructure were excellent, as compared against any standard, there was severe overcrowding in prison. It was found that the inmates lodged in the prison were 180% of its capacity.
He emphasized the need for legal aid at all trial stages and even after conviction through competent legal professionals. He noted,
"Even at the stage of conviction as well it is our responsibility to look out for: any sort of remission or commutation available to the convict. We must facilitate at every juncture the entitlement as a citizen afforded to him. The second aspect to look out for are the living conditions in the prisons; they must be in order so that we can say proudly that our citizens are being taken care of."
He noted that more than 75% of prisons in the State are overcrowded. Therefore, it becomes even more essential to ensure that the basic amenities are made available to the inmates in such a situation.
Education of Children in Conflict with Law
Justice U.U. Lalit also brought attention to the fact that many children found to be in conflict with the law are lodged in Juvenile Homes. However, due to the pandemic, the education of these children has tremendously suffered. Emphasizing the emerging benefits of virtual contact, he urged to ensure special attention to this area and ensure that opportunity is afforded to every child to develop themselves as a full citizen.
"Those children are in our care and custody- we must make available to them every opportunity to develop them to the fullest citizen of the country," he added.
Permanent Lok Adalats:
He emphasized the need for an efficient network of Permanent Lok Adalats in the country, which would lessen the burden of the regular courts. He said that if we want to 'reach at the earliest stage', pre-litigation mediation is the path to take.
He congratulated the Uttar Pradesh State Legal Services Authority for the arduous disposing off cases through Lok Adalat. He said that of 27 lacs cases disposed off through Lok Adalats in the country, Uttar Pradesh contributed for over 12.5 lacs. He also appreciated the effort of the UPSLSA to have established a total of 71 Permanent Lok Adalats in the State.
He said that when compared to similarly situated states, like Maharashtra, which only has 4 Permanent Lok Adalats for 55 districts, UPSLSA has achieved a tremendous goal. However, noting that of these 71 Permanent Lok Adalats, only 49 are functional, he advises the SLSA to ensure that all Lok Adalats are functioning to their fullest capacity.
However, he cautioned that simply a large number of Lok Adalats would not serve the purpose unless the output is favorable. He noted that if these Permanent Lok Adalats are made fully functional, they will be one of the brightest jewels in the legal system.
The event was streamed live on YouTube
