Article 21 of the Indian Constitution, which guarantees every citizen ‘the right to life’, has been interpreted by the Supreme Court to include the provision of free criminal legal aid to every indigent person[1]. The Legal System in India, although rich in many ways, is still a nightmare to several in prisons who seek justice through it. The inaccessibility of the poor to lawyers, an almost absent pro-bono culture, the complexity of the system, the inordinate delays, the lack of adequate legal training, corruption and a failure to implement the law, are some of the problems that the system is riddled with. Yet, in the midst of these, we must believe that systemic change is possible.
A 2012 year-end report of the National Crime Records Bureau, Ministry of Home Affairs, has held 66.2% of various types of prison inmates to constitute ‘under trials’. In the State of Bihar, at the end of 2012, there were 24,389 under trial prisoners and 4108 convicted prisoners in prisons across the State. These Statistics speak volumes for the lack of access to Legal Aid.According to Mr. Alexander Jacob, Ex - Director General of Prisons and Correctional Services, Kerala, at least 20 percent of Prison inmates are not guilty and behind bars due to lack of access to Legal Aid.
There is an acute need to bring in mechanisms to encourage lawyers to provide Legal Aid, either privately or through the government system. Reform in the access to Criminal Legal Aid will be vital in ensuring two equally footed lawyers present a fair trial.
In April 2013 Human Rights Law Network organized a National Consultation on Prisons Legal Aid at the conclusion of which it was commonly agreed upon that steps would be taken to increase the access to legal aid, protection of inmates, improve prison conditions of women and children and bring about reforms in prisons. This fuelled filing of a PIL in the Supreme Court with regard to prison reforms and 2 PILs in the Allahabad High Court have been filed along with a Writ Petition in the High Court of Calcutta seeking to reform conditions of women and children in prisons and to increase the protection of inmates in jails.
An area that still requires attention and immediate reform is in the system of legal aid being offered in the country to prison inmates. HRLN along with JVI is organizing a National Consultation on Improving Criminal Legal Aid in India.
The National Consultation on Improving Criminal Legal Aid in India seeks toforge a strong network of Lawyers, Social Activists, NGOs, Government Agencies and other relevant stakeholders to increase the access to quality Legal Aid for prisoners across the Country.
In keeping with the above vision, the National Consultation will discuss the following themes:
I. Access to Legal Aid
a. Legal Aid at the time of Arrest
b. Legal Aid for Women
c. Legal Aid for Under trials
d. Legal Aid in appeal/sentencing
II. Legal Aid in Special Circumstances:
a. Juveniles
b. Mental Health
c. Foreigners
d. Conflict Zones
III. Pro Bono Legal Aid
a. Advocacy of Pro – Bono practice among lawyers
b. Legal Aid cells in College
c. Legal Aid Clinics
IV. Increasing access to quality Legal Aid
a. Ensuring Access to Prisons for Lawyers
b. Ensuring Economic Sustainability with regard to Legal Aid
V. Duties of the Lawyer:
a. High Standards and Training of Lawyers
b. Accountability of Legal Aid Lawyers
VI. Reforms in the LSA:
a. The current state of the L.S.A.
b. Reforms required
c. Means of bringing about reform
The Consultation will comprise resource persons who will throw light on the current state of affairs, recent developments in law and policy, and recent developments in case law followed by a 45-minute interactive session which will outline steps on how to move forward in each area. It is hoped that the Consultation will lead to the formation of a strong network of individuals and organizations that will increase the access to free legal aid through qualitative legal support and assistance to prison inmates in the country
A 2012 year-end report of the National Crime Records Bureau, Ministry of Home Affairs, has held 66.2% of various types of prison inmates to constitute ‘under trials’. In the State of Bihar, at the end of 2012, there were 24,389 under trial prisoners and 4108 convicted prisoners in prisons across the State. These Statistics speak volumes for the lack of access to Legal Aid.According to Mr. Alexander Jacob, Ex - Director General of Prisons and Correctional Services, Kerala, at least 20 percent of Prison inmates are not guilty and behind bars due to lack of access to Legal Aid.
There is an acute need to bring in mechanisms to encourage lawyers to provide Legal Aid, either privately or through the government system. Reform in the access to Criminal Legal Aid will be vital in ensuring two equally footed lawyers present a fair trial.
In April 2013 Human Rights Law Network organized a National Consultation on Prisons Legal Aid at the conclusion of which it was commonly agreed upon that steps would be taken to increase the access to legal aid, protection of inmates, improve prison conditions of women and children and bring about reforms in prisons. This fuelled filing of a PIL in the Supreme Court with regard to prison reforms and 2 PILs in the Allahabad High Court have been filed along with a Writ Petition in the High Court of Calcutta seeking to reform conditions of women and children in prisons and to increase the protection of inmates in jails.
An area that still requires attention and immediate reform is in the system of legal aid being offered in the country to prison inmates. HRLN along with JVI is organizing a National Consultation on Improving Criminal Legal Aid in India.
The National Consultation on Improving Criminal Legal Aid in India seeks toforge a strong network of Lawyers, Social Activists, NGOs, Government Agencies and other relevant stakeholders to increase the access to quality Legal Aid for prisoners across the Country.
In keeping with the above vision, the National Consultation will discuss the following themes:
I. Access to Legal Aid
a. Legal Aid at the time of Arrest
b. Legal Aid for Women
c. Legal Aid for Under trials
d. Legal Aid in appeal/sentencing
II. Legal Aid in Special Circumstances:
a. Juveniles
b. Mental Health
c. Foreigners
d. Conflict Zones
III. Pro Bono Legal Aid
a. Advocacy of Pro – Bono practice among lawyers
b. Legal Aid cells in College
c. Legal Aid Clinics
IV. Increasing access to quality Legal Aid
a. Ensuring Access to Prisons for Lawyers
b. Ensuring Economic Sustainability with regard to Legal Aid
V. Duties of the Lawyer:
a. High Standards and Training of Lawyers
b. Accountability of Legal Aid Lawyers
VI. Reforms in the LSA:
a. The current state of the L.S.A.
b. Reforms required
c. Means of bringing about reform
The Consultation will comprise resource persons who will throw light on the current state of affairs, recent developments in law and policy, and recent developments in case law followed by a 45-minute interactive session which will outline steps on how to move forward in each area. It is hoped that the Consultation will lead to the formation of a strong network of individuals and organizations that will increase the access to free legal aid through qualitative legal support and assistance to prison inmates in the country
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