Right to legal aid mainly means free legal aid should be provided to the poor and the weaker section of the society so that the justice should be provided to them at an affordable price. This provision is mainly mentioned mainly in Article 39A of the Constitution of India. And is also a part of fundamental rights as fundamental rights are enforceable by the court of law and if violated a strict action is to be taken for it.

So, recently there was a judgment of the Supreme Court in 2016 which says that the right to legal aid is guaranteed under article 14 and 21 of the Indian constitution. There was a bench of five benches consisting of Chief Justice of India T.S. Thakur, Justices Fakkir Mohamed Ibrahim Kalifulla, A.K. Sikri, S.A. Bobde, and R. Banumathi which has given the above-mentioned judgment

This bench has further observed that “life” implies not only in the physical sense but it also includes bundles of rights which will not affect the quality of life so as to access to the right to access to justice out of the purview of the right enshrined under article 21 of the Indian constitution.

The essence of access to justice

There are mainly 4 main points which lead to access of justice to the people. They are as follows-

The need for the adjudicatory mechanism

One of the main reasons for the establishment of the adjudicatory mechanism is to provide the justice to the people whether described as the court, tribunals, commission or authority or called by any other name so that the people can agitate their grievances and seek adjudication whenever they feel like. The adjudicatory mechanism should not only be effective but it should be just and fair to the people of India. So all the court, tribunals etc should not only be just and itself but it should also follow the principle of natural justice. The principle of natural justice mainly consists of two principles i.e., Audi Alterem Partem (to hear the other side) and Nemo Judex Causa Sua which means no one can be a judge in his own case. These two principles should be followed.

The mechanism must be conveniently accessible in terms of justice

The courts, tribunals should be easily accessible to the people so that they can get justice easily. It mainly depends upon the litigants that how he/she presents the case in front of the court, tribunals etc as the judgment will be given on the basis of the facts and circumstances present before them so it is the duty of the client to appoint proper litigant for the case so that access to justice becomes easy to them.

The process of adjudicator must be speedy

Access to justice is given the constitutional value but it will be of no use if speedy justice is not provided to the people. There is a famous saying “justice delayed is justice denied”. This means that if there is no speedy justice which is provided to the people then the justice is denied. If the dispensation of justice is so laborious, time-consuming, indolent and frustrating to the person who is seeking for justice will not only deny accessing of justice but justice itself.

There is the famous case of Sheela Barse. in this case, the court declared that the speedy trial is the facet of right to life and if this trial goes on endlessly the right to life will be violated. The government has also taken various steps to solve this problem by making subordinate courts so that the people whose case are not that big can get speedy justice and the access to justice also becomes easy for the people.

The process of adjudication must be affordable to the disputants

Article 39 A of the Constitution of India consists of the right to legal aid. This legal aid should mainly be provided to the poor and weaker section of the society so that justice should be provided to the needy people at the affordable price.

The Employee's Compensation Act, 1923

It is also known as the Workmen Compensation Act. This Act has specified the meaning of the employee under Section 2(dd) of the Act which includes railway servant, captain and crew of aircraft driver, the mechanic of motor vehicle etc. This act focuses on compensating employees if suffered injuries from an accident during the course of employment. There is an imposition of a legal obligation on employers to compensate an employee who is involved in accidents during the course of employment during official duty and not personal suffrage. The employee needs to show that it was during the work and the resulting strain which contributed to or aggravated the injury. Once the employee informs about the same the responsibility turns towards the employee as bring in the medical officer for a check-up and if the employee is recommended to doctor or any other such expenses is taken care by the employer or his industry. It is not paid directly by the employer but through Commissioner of Workmen Compensation.

Industrial Disputes Act, 1947

This act states about the “protected workmen” person who fight for the right not only for himself but also for his fellow workers. They have been defined under Section 33(3)[1] as “in relation to an establishment, means a workman who, being a member of the executive or another office-bearer of a registered trade union connected with the establishment, is recognized as such in accordance with rules made in this behalf.” To protect such workmen who take one for the team, the Industrial Dispute Act has included Section 33 which protects such workmen and provides them with immunity. Basically, the company or the organisation will not take any action against such work until and unless a court order for the same. It is not an absolute immunity. The court focuses on the speedy trials as well as in a peaceful manner. The trade union presume that once the privilege is vested in the protected workmen it will remain for lifetime but it cannot be said as true since every new situation has a new solution and it will be wrong to presume that once the organisation or establishment is wrong, it will continue to be wrong for every problem.

Hence, it is considered as good law since the workmen is not suffered for raising his voice for the right.

Minimum Wages Act, 1948

India deals with poverty every day. It is a land of cheap labours from the time of colonial rule since people are not aware of their rights and potential. Illiteracy is the main cause. This act comes to the rescue where the government fix the minimum wages for the employees so that they are not been harassed by their employers and they can lead a life where their basic necessities are fulfilled. The Act defines both employee and wages as-

Employee has been defined under Section 2(i) as any person who is employed for hire or rewards to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes out-workers.

Wages is defined as wages” means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, under Section 2(h). And there are several things which are not included such as- the value of the house, gratuity, travelling allowances etc. The Act also ensures that there should not be any delay in the payment of wages. There is also provided with respect to a deduction from the salary and that only authorised deduction is allowed and should not exceed 50%.

Factories Act, 1948

This Act is for the safety, health and welfare of the workers who work in the factory. It takes care of everything from the working hours to leaves, overtime, health check-up, employment etc. The term factory is defined under Section 2(m) of the Act. The must be a manufacturing process going on or any such kind, which has also been defined under the act. It is applicable to a person who employs more than 10 persons who are working with aid or 20 persons without the aid. The act also makes sure that the factory is clean and there is no infection or nuisance, there must be proper ventilation. There must be drinking water which must be clean; also the washroom must be clean and hygienic. Proper safety measure must be present as sometimes factory place could be dangerous, the first-aid box should be present and during orientation how to use it during an emergency must be taught. If certain machine requires fencing it must be done carefully.

Employees Provident Funds and Miscellaneous Provisions Act, 1952[2]

This Act was enacted to secure the future of the employee after he/she retires or if there is the sudden death of the employee the family member can get support. It is compulsory in nature. It is applied to every industry where more than 10 people are employed.  Maximum of 12% is deducted from the basic salary; the employee can increase the percentage according to one’s need that would be a personal choice. The best part is that employee can withdraw or take an advance in case of an emergency such as housing, medical care, housing etc. Interest rate provided is generally higher than the market value. There is also exemption provided that the employer shows that there is better scheme than the usual Provident Fund.

There shall be a central and the state board that is allotted with duties and function under the act.

Maternity Benefit Act, 1961

Every pregnant woman has a right to claim maternity leave, if not given employer will be liable. This act was brought into existence because if women get pregnant they had to leave the job. To overcome this government brought this Act. The other flaw that the act faces is that employer tries to avoid taking women since they have a vacant seat where he cannot appoint any person and also they have to pay for it too. But with time things are changing and in a certain private company, the maternity benefit is given than what is prescribed by the government. The aim of the act is to give women economic independence even when they are pregnant and could not make it to the office. There is the famous case with respect to the same Air India v. Nargesh Meerza[3] in this the woman was a flight attendant and was removed from her job because she was pregnant. The company laid down that if women if 35 years and above, first time pregnant or married with the first four years of service will be terminated from the job. The Supreme Court stated that these conditions are an infringement of Article 15 and16 of Indian Constitution and therefore is void. Also, these rules were not applied to men but only women. The leave period has increased from 12 weeks to 24 weeks.

Payment of Gratuity Act, 1972

This act deals in payment of gratuity to an employee who deals in factories, mines, oilfields, railway companies, shops etc. which may be incidental in nature. It may continue even if the number of an employee falls below 10 in number. The gratuity will be provided to employees who have completed the service for at least 5 years except in case of death and disablement. Gratuity means a benefit given at the time of retirement to its workmen after serving the employer for a long duration of time and bringing in the prosperity the industry needs. There is provision for nomination as the paperwork is cut down and the procedure becomes simplified if the employee becomes disabled or if there is sudden death. The government can exempt the current program with a better provision. There is also provision for recovery of gratuity in case the employer fails to pay the same. This brings in the security among the employees as there is a guarantee for the same.

Bonded Labour System (Abolition) Act, 1976

The object of this Act is same as the name suggest to abolish the whole system of bonded labour in order to prevent the exploitation it can be economic or physical or mental of the weaker and poor section of people with respect to their occupation.

The idea of bonded labour starts again from the fact of illiteracy and that the labours parent or grandparents took some loan which they were unable to pay and which was charged at a very high interest rate, now are forced to work throughout their life at a very minimal wage or no wage as to repayment of the same.

It is the outcome of customary obligations, forced labour, beggar or indebtedness under which a debtor agrees to render service. It is also known as vetti, hari, sanjwat etc. The employee or rather the aggrieved person can go to District Magistrate with his complain or any other person on his behalf, The District Magistrate is the chairman of the Vigilance Committee which is formed under the Act. There are several rules and duties attached to them under the provision. It is not compulsory to go to the District Magistrate but any other member who is part of Vigilance Committee. To have a bonded labour is an offence and is punishable under the act with the imprisonment which may extend to three years and also a fine of rupees two thousand.

Equal Remuneration Act, 1976

As the name suggests Equal Remuneration Act, 1976 provides for equal payment to both men and women on the same position. It makes sure that there is no differentiation based on sex or gender of the person. It is also applied in the matters of recruitment as well.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Vishaka v. State of Rajasthan[4] was the first time when the Supreme court laid down the guidelines which focused towards the prevention of sexual harassment at workplace. These guidelines were applied to both organised and unorganised sector of employment and to provide a safe environment at the workplace for the women. Workplace is not confined to the office, it could be school, college whether full time working or part-time rules are the same and these guidelines are legally binding upon them. They should not feel a disadvantage at any stage. There are different types of sexual harassment-

1. Demand and request  for sexual favour
2. Threat about employment status
3. Promise for preferential treatment
4. Showing pornography
5. Humiliating treatment that affects health etc.

There is also an Internal Complaint Committee which has a minimum of four members and the presiding officer must be a woman and one member from the NGO who is into the cause. There is also provision for Local Complaints Committee where one woman from SC or ST or OBC must be present. Each member can hold the office from 3 years only. There is the whole procedure to look into the case and if not satisfied with the judgement it is appealable. And if there is no proof no action will be taken. The employer needs to organise workshop regarding the same and make sure that the employee understand the consequence of the same.

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[1] INDUSTRIAL DISPUTES ACT, 1947,  (Central)   -Current as on 22 July 2018

[2] https://epfindia.gov.in/site_docs/PDFs/Downloads_PDFs/EPFAct1952.pdf

[3] (1981) 4 SCC 335

[4] (1997) 6 SCC 241

The concept of seeking justice cannot be equated with the value of dollars. Money plays no role in seeking justice. 

                                                                                    -Justice Blackmun in Jackson v Bish

Legal aid mainly means providing free legal services to the poor and the needy people who are not able to afford an advocate for their case, or a legal proceeding in any court or, tribunal or before a judicial authority. Legal aid was mainly introduced for the very first time by the Justice P.N. Bhagwati under the legal aid committee formed in 1971. According to the justice Bhagwati, legal aid means providing the legal aid to those people who are not able to afford so that they can also get justice and he also wanted to make it easily available to the poor section of the societies. Legal is available to anybody on the road.

The legal service authorities act (1987) has established a nationwide network to provide free and competent legal aid to the poor and also to organise Lok Adalats for promoting equal justice. Lok Adalat is a statutory forum for conciliatory settlement of legal disputes. It has been given the status of a civil court. Its awards are enforceable, binding on the parties and final as no appeal lies before any court against them. There are many provisions under Indian constitution as well as many other acts in which certain laws have been made to provide legal aid to the needy or poor people

There are many other services which are offered by legal service authority in our country. They are as follows-

• The payment of court fees and other fees are paid by them;
• All the charges are also paid by them which have been incurred in preparing, drafting and filing of any legal proceedings;
• All the charges which the legal practitioner or the legal advisor are also paid by them;
• All the cost of paperwork, including printing, translation etc

The legal service authorities act, 1987 defines legal service under Section 2(1)(c) that ‘legal service’ includes the interpretation of any service in the conduct of any case or other legal proceedings before any court or other authority or tribunal and the giving of advice on any other legal matter. This act was mainly made with an objective to provide free and competent legal service to the weaker section of the society.

PROVISIONS IN INDIAN LAW WHICH GIVE YOU RIGHT TO LEGAL AID ARE AS FOLLOWS-.

• Article 14 of the Indian constitution states the equality before the law so all are equal before the law without any discrimination on the basis of caste, creed, colour, sex etc. The preamble of the Constitution secures to its citizen, social, economic and political justice.  Article 14 of the Constitution makes it clear that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The aim of Article 14 is to ensure equal justice. The guarantee of equal justice is meaningless if the poor or illiterate or weak persons cannot enforce their rights because of their poverty or illiteracy or weakness. 
• The constitution of India also provides under article 21 of the fundamental rights including protection of life and liberty  and provisions of legal aid are an integral part of this section
• Article 39A of the Indian constitution also states that there should be equal justice and free legal aid. This explains that whether the person is rich or poor equal treatment should be given whether it is the case of justice.

• Section 303 of the code of civil procedure, states that the accused in any case is entitled to have the right to be defended by the pleader of his own choice and section 304 of the CPC states that if such kind of person doesn't have sufficient means to arrange a pleader for himself then he shall be provided with free legal aid at the expense of the state.
• Article 10 of the Universal Declaration of Human Rights 1948 by which every state has been charged with a duty to ensure to an accused 'A fair and Public Hearing.
• Article22 (1) of the Constitution of India declare that no person who is arrested shall be denied the right to consult and to be defended by a legal practitioner of his choice.
• Order 33 of the Civil Procedure Code provides in respect of the suit by an indigent person.  On the application to sue as an indigent person is being granted 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.  This benefit has now been extended to the dependant also.
• A separate legislation, The Legal Services Authority Act, 1987 has been enacted to constitute the Legal Service 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 and to organise Lok Adalats to secure that the operation of the legal system promotes justice. The Legal Services Authorities Act establishes statutory legal services authorities at the National, State and District level.  It makes provisions in relation to Lok Adalat.  The main object of the Lok Adalat is to provide quick justice at less expense

The Legal Services Authorities Act 1987 provides for the setting up of statutory legal services authorities. They are set at the National, State, and District levels. These authorities give free legal aid to a person if he/she is not capable of bearing the expenditure. These all authorities have mainly been established so as to provide effective monitoring of legal aid programmes. It also provides the composition of such authorities. 

DISTRICT LEGAL SERVICE AUTHORITY

Section 9 and Section 10 of the Legal Services Authority Act, 1987 deals with Composition and functions of District Authority. District Authority means a District Legal Services Authority constituted under Section 9 of the said Act. Composition and Functions of District Legal Services Authority are as Follows:

COMPOSITION:

The State Government shall in consultation with the Chief Justice of the High Court, constitute a body to be called the District Legal Services Authority for every District in the State. These authorities have been made to exercise the powers and perform the functions which are conferred or assigned to the District Authority under this Act.

District authority shall consist of the following persons-

1. The district judge who shall be its chairman; and
2. Such number of other members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.

TENURE:

The tenure of office and other conditions relating to the Members and Secretary of the District Authority as may be determined by regulations made by the State Authority in consultation with the Chief Justice of the High Court.

• All orders and decisions of the District Authority shall be substantial by the Secretary or by any other officer of the District Authority which is duly authorised by the Chairman of that Authority.

FUNCTIONS:

The district authority may perform the following functions-

1. co-ordinate the activities of the Taluk Legal Services Committee and other legal services in the District;
2. Organise Lok Adalat within the Districts; and
3. Perform such other functions as the State Authority may fix by regulations.

STATE LEGAL SERVICE AUTHORITY

Section 3 of the Legal Services Act 1987 Provides that the Central Government shall constitute a Central Authority called the National Legal Services Authority. Further Section 6 of the Act provides a constitution of State Legal Services Authority.

COMPOSITION:

1. every state should consist of the state body and exercise all those powers and functions which  are conferred on or assigned to a state authority under the prescribed act
2. a state authority should consist of –

• The Chief Justice of the High Court who shall be the Patron-in-Chief; a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; and such number of other Members, possessing such experience and qualifications
•  The State Government shall, in consultation with the Chief Justice of the High Court, appoint a person belonging to the State Higher Judicial Service not lower in rank than that of a District Judge, as the Member-Secretary of the State Authority, to exercise such powers and perform such duties under the Executive Chairman of the State Authority as may be prescribed by that Government or as may be assigned to him by the executive chairman of that authority

TENURE:

The terms of office and other conditions relating thereto, of Members and the Member-Secretary of the State Authority shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

FUNCTIONS:

Section 7 of the said Act, deals with Functions of The State Authority. 

1. To conduct Lok Adalat at various levels
2. To settle all the disputes by the way of negotiation, arbitration and conciliation
3. To bring into effect the policies and the directions of the central authority
4. To also carry out the legal literacy campaign programme throughout the union territories
5. To publicize legal aid so that the needy people can ask for the help whenever they need it
6. To provide the legal service that satisfies the criteria of legal services authorities act, 1987.

NATIONAL LEGAL SERVICE AUTHORITY

Legal service authority act, 1987 provides that the central government shall constitute a body called the national legal service authority under section 3 of the act. It exercises the powers and performs the functions conferred on, or assigned to the central authority under this authority.

COMPOSITION:

The composition is mainly mentioned under sub-section 2 of section 3 provides that the central government shall consist of the following-

• The chief justice of India who shall be the patron-in-chief;
• a serving or retired Judge of the Supreme Court to be nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and
• such number of other members, possessing such experience and qualifications, as may be prescribed by the Central Government, to be nominated by that government in consultation

QUALIFICATION FOR MEMBERS:         

According to Sub-section 3 of Section 3 of the Act, the Central Government shall in consultation with the Chief Justice of India, appoint a person to be the Member-Secretary of the Central Authority, possessing such experience and qualifications as may be prescribed by that Government, to exercise such powers and perform such duties under the Executive Chairman of the Central Authority as may be prescribed by that Government or as may be assigned to him by the executive chairman of that authority

Rule 5 provides that for a person to be a Member- Secretary of the Central Authority, he must be-

• An officer of Indian legal service who has held a post, not below the rank of additional secretary to the government of India
• A member of the state higher judicial service who has held the post of the district judge at least 3 years,
• An officer of order organised central services who has held a post of joint secretary to the joint secretary to the government of India for a minimum period of 5 years.

TERMS OF OFFICE AND OTHER CONDITIONS

According to Section 3 (4) of the Legal Services Authorities Act, 1987,  the terms of office and other conditions related to the Members and Member-Secretary of the Central Authority shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India

(b) a serving or retired Judge of the Supreme Court to be nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and

(c) such number of other members, possessing such experience and qualifications, as may be prescribed by the Central Government, to be nominated by that government in consultation with the Chief Justice of India.

QUALIFICATION FOR MEMBERS:

A Person shall not be qualified for nomination as a Member of the Central Authority unless he is –

• An eminent person in the field of Law; or
• A person of repute who is especially interested in the implementation of the Legal Services  Schemes; or an eminent social worker who is engaged in the upliftment of the weaker sections of the people, including Scheduled Castes, Scheduled Tribes, Women, Children, rural and urban labour.

According to Sub-section 3 of Section 3 of the Act, the Central Government shall in consultation with the Chief Justice of India, appoint a person to be the Member-Secretary of the Central Authority, possessing such experience and qualifications as may be prescribed by that Government, to exercise such powers and perform such duties under the Executive Chairman of the Central Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority.

Rule 5 provides that for a person to be a Member- Secretary of the Central Authority, he must be:-

1)  an officer of Indian legal service who has held a post, not below the rank of Additional Secretary to the Government of India.

2) a Member of the State Higher Judicial Service who has held the post of the District Judge at least 3 years, or

3) an officer of order organised Central Services who has held a post of Joint Secretary to the Government of India equivalent to the minimum period of 3 years . or

4) an officer of the organised State Services who has held a post equivalent to the Joint Secretary to the Government of India for a minimum period of 5 years.

Preference shall be given to the person possessing administrative, and legal experience.

TERMS OF OFFICE AND OTHER CONDITIONS

According to Section 3 (4) of the Legal Services Authorities Act, 1987,  the terms of office and other conditions related to the Members and Member-Secretary of the Central Authority shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India