LEGAL AID FOR THE POOR

1
LEGAL AID FOR THE POOR

• Rajesh Choudree
• Access to Justice Adviser
• Oslo Governance Centre

2
PUDR v. Union of India (AIR 1982 SC 1473, 1477)

• The rule of law does not mean that the
  protection of the law must be available only to a
  fortunate few ... The poor too have civil and
  political rights and the rule of law is meant for
  them also, though today it exists only on paper
  and not in reality. 
• Supreme Court of India

3
3 Countries

• 3 Systems 3 sets of socio-economic conditions
• South Africa
• Australia
• India
• each with its own colonial history

4
Legal Aid

• the Judicare system? Alternatives Contingency
  fee systems
• Public Defenders/Paralegals/dedicated Legal Aid
  Centres
• pro deo dock briefs
• class actions by PIL NGOs/Lok Adalats, Panchayats
  and legal aid circuses

5
Mechanics

• in forma pauperis certificates to poor litigants
• automatic reviews of all cases of imprisonment
  for more than 6 months
• legal aid to sentenced prisoners after a judges
  certificate has been granted

6
Mechanics cont.

• Indian model of epistolary justice and actions on
  behalf of the disadvantaged
• judges receiving letters and petitions from
  sentenced prisoners seeking leave to appeal.

7
community justice centers

• provide quick assistance where most needed
• in communities far from urban centers and within
  townships
• a familiar system that generates trust
• at little or no expense
• staffed by respected members of the community.

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What can the centers do?

• dispense justice in civil and criminal cases
  though minor in nature but potentially disruptive
  to the community
• render ombud-like functions
• provide counselling