EXPLORING ACCESS TO JUSTICE THROUGH THE FUNCTIONING OF LEGAL AID SERVICES AUTHORITIES IN INDIA

EXPLORING ACCESS TO JUSTICE THROUGH THE FUNCTIONING OF LEGAL AID SERVICES AUTHORITIES IN INDIA

EXPLORING ACCESS TO JUSTICE THROUGH THE FUNCTIONING OF LEGAL AID SERVICES AUTHORITIES IN INDIA

AUTHOR – ANUJ WANKHADE, RESEARCH SCHOLAR AT VISHWAKARMA UNIVERSITY, PUNE

BEST CITATION – ANUJ WANKHADE, EXPLORING ACCESS TO JUSTICE THROUGH THE FUNCTIONING OF LEGAL AID SERVICES AUTHORITIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 298-313, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YLFM5109

Abstract

Access to justice, recognised as a fundamental human right and guaranteed under Articles 14, 21, and 39A of the Constitution of India, is key to maintaining a democratic and rule-based society. However, India continues to face significant challenges in providing equitable access to its legal system for a population exceeding 1.21 billion. NJDG records show nearly 44.7 million pending cases before District and Taluka courts, indicating that only about four per cent of the population interacts with the justice system at any time. Socio-economic barriers, low legal awareness, high litigation costs, and poor quality of legal representation remain critical obstacles preventing marginalised and vulnerable groups from receiving timely and effective remedies. The Legal Services Authorities Act, 1987, aims to fill these gaps by creating a multi-level network of legal aid institutions at the national, state, district, and taluka levels. Through mechanisms such as Lok Adalats and specialised programs for disaster victims, human trafficking survivors, acid attack victims, undertrial prisoners, senior citizens, and women, the Act encourages accessible and affordable justice. Judicial recognition, notably in Anita Kushwaha v. Pushpa Sudan (2016), further reinforces the constitutional obligation of access to justice. Despite these efforts, numerous challenges, geographical barriers, bureaucratic delays, socio-economic disadvantages, low legal literacy, and inconsistent quality of legal aid continue to impede effective implementation. This research investigates the functioning, impact, and limitations of legal aid authorities in India, assesses their capacity to realise the goal of “Access to Justice for All,” and suggests reforms to strengthen the legal aid system.

Keywords: Access to Justice, Human Rights, Constitution of India, Legal Services Authorities Act, Lok Adalats, Human Trafficking, Undertrial Prisoners