“ACCESS TO JUSTICE FOR THE MARGINALIZED: A REALITY CHECK ON FREE LEGAL AID IN INDIA”
AUTHOR – ABHAY JAISWAL* & DR. PRASHANT KUMAR VARUN**
* LL.M (CRIMINAL.LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
BEST CITATION – ABHAY JAISWAL & DR. PRASHANT KUMAR VARUN, “ACCESS TO JUSTICE FOR THE MARGINALIZED: A REALITY CHECK ON FREE LEGAL AID IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 256-264, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
Access to justice stands as a fundamental pillar of any democratic society, aimed at ensuring the equal application of the rule of law. In India, this principle is constitutionally embedded in Article 39A, which obligates the State to extend free legal aid to individuals who cannot afford legal services, thus safeguarding their right to seek justice without discrimination based on financial or social status. Although the Legal Services Authorities Act, 1987 has laid down a comprehensive structure to provide such aid, the ground realities reveal a persistent gap between legal provisions and their practical implementation—especially for marginalized sections including economically weaker individuals, women, Scheduled Castes, Scheduled Tribes, and other disadvantaged groups.
This research critically examines the journey of free legal aid in India, tracing its historical background, evaluating the current legal and institutional framework, and identifying the core issues that continue to hinder its effectiveness. Challenges such as public unawareness, inadequate resources, and substandard legal representation are highlighted as major barriers. The paper further assesses ongoing initiatives like the Tele-Law programme, legal awareness drives, and voluntary legal services to understand their role in enhancing outreach and access.
In conclusion, the study recommends actionable reforms—both administrative and policy-oriented—to reinforce the legal aid system and fulfill its constitutional mandate. It underscores the need to ensure that justice is not reserved for a privileged few but is an accessible and enforceable right for every citizen, particularly those at the margins of the legal system.
KEYWORDS – Access to Justice, Free Legal Aid, Article 39A, Legal Services Authorities Act, Marginalized Communities, Legal Empowerment, Social Justice, Rule of Law, Tele-Law Programme, Legal Literacy, Public Awareness, Constitutional Mandate, Legal Reforms, Vulnerable Groups, Equal Justice, Legal Aid Mechanism, India