{"title":"Historical Development of Legal Aid System in India: A Legal Perspectives","authors":"Sohail Nazim","doi":"10.1177/22308075221119253","DOIUrl":null,"url":null,"abstract":"Human civilisation has always been plagued by the problem of access to justice for the weak. With human development, the modern state took up the responsibility of administering justice. Modern states have complex legal systems, making legal aid an essential part of access to justice for the poor. In 1976, the Indian Constitution was amended to add Article 39A, mandating the state’s responsibility to provide free legal aid to the impoverished. Legal aid is discussed in the article, along with its origins and meaning. This article examines the history and legal framework of legal aid in India. Further, a judicial analysis is provided that makes legal aid a fundamental right. The article also emphasises the lacunas in the judicial system in India.","PeriodicalId":41287,"journal":{"name":"History and Sociology of South Asia","volume":"17 1","pages":"69 - 84"},"PeriodicalIF":0.1000,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"History and Sociology of South Asia","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1177/22308075221119253","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"AREA STUDIES","Score":null,"Total":0}
引用次数: 0
Abstract
Human civilisation has always been plagued by the problem of access to justice for the weak. With human development, the modern state took up the responsibility of administering justice. Modern states have complex legal systems, making legal aid an essential part of access to justice for the poor. In 1976, the Indian Constitution was amended to add Article 39A, mandating the state’s responsibility to provide free legal aid to the impoverished. Legal aid is discussed in the article, along with its origins and meaning. This article examines the history and legal framework of legal aid in India. Further, a judicial analysis is provided that makes legal aid a fundamental right. The article also emphasises the lacunas in the judicial system in India.
期刊介绍：
History and Sociology of South Asia provides a forum for scholarly interrogations of significant moments in the transformation of the social, economic and political fabric of South Asian societies. Thus the journal advisedly presents an interdisciplinary space in which contemporary ideas compete, and critiques of existing perspectives are encouraged. The interdisciplinary focus of the journal enables it to incorporate diverse areas of research, including political economy, social ecology, and issues of minority rights, gender, and the role of law in development. History and Sociology of South Asia also promotes dialogue on socio-political problems, from which academicians as well as activists and advocacy groups can benefit.
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