Table Of Content

Comparative Legal Aid Systems and India This book provides an in-depth analysis of the functioning and challenges of the legal aid system in India. The legal aid system was set up to promote the interests of the economically weaker sections of society that did not have equitable access to judicial systems. However, the system has been largely unsuccessful in delivering justice. Drawing on empirical data from 18 states and 36 districts in India, the book highlights the institutional setbacks that plague the legal aid system and urges us to take cognizance of the hindrances faced by the beneficiaries in availing of these services. It acknowledges the gaps that exist in the governance of the legal aid system in India at the grassroots level and suggests approaches and ways to address these roadblocks to deliver free, swift, and economical access to justice to the poor legal aid beneficiaries. An important critical study of the commitment and competence of legal aid counsels in India, this volume will be an essential read for scholars and researchers of law, Indian law, constitutional law, political science, comparative law, law and gender, and social work. Jeet Singh Mann, Teacher of Legal Education and Research, National Law University Delhi, India. Comparative Legal Aid Systems and India Jeet Singh Mann Cover image: © Highdog / Getty Images First published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 Jeet Singh Mann The right of Jeet Singh Mann to be identified as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for this book has been requested ISBN: 978-0-367-70338-7 (hbk) ISBN: 978-0-367-74527-1 (pbk) ISBN: 978-1-003-15832-5 (ebk) DOI: 10.4324/9781003158325 Typeset in Sabon by Apex CoVantage, LLC Contents List of Tables vi List of Figures x Foreword xx Preface xxiv Abbreviations xxvi 1 Legal Aid System in India 1 2 Legal Aid Practices Across the Globe 24 3 The State of Access to Justice for Legal Aid Beneficiaries 64 4 Women in Legal Aid and Access to Justice 100 5 Regulators of the Legal Aid Services 117 6 Judges’ and Judicial Officers’ Perspective on Legal Aid 178 7 Legal Aid Counsels 210 8 Assessment of the Competence and Commitment of LACs 251 Bibliography 326 Index 332 Tables 3.1 Proposed and Actual Responses Received From the Beneficiaries 65 3.2 Details of Respondents (Beneficiaries) 67 3.3 Are You Aware of the Process for Applying to the LSA to Obtain a LAC? 74 3.4 If Yes, Then Was the Process Easy? 75 3.5 Did You Approach a PLP Before Approaching the LSA for Free Legal Aid? 77 3.6 Usefulness of Advice in Terms of Preparing for the Dispute 83 3.7 Evaluation of Commitment and Devotion of LACs by Beneficiaries 91 5.1 Proposed and Actual Responses Received From the Regulators 118 5.2 Duration of Interaction/Discussion/Briefing Between LACs and Beneficiaries 127 5.3 Average Duration of Trial of Criminal Cases Involving LACs 128 5.4 Average Duration of Trial of Civil Cases Involving LACs 128 6.1 Proposed and Actual Responses Received From the Judges and Judicial Officers 179 7.1 Proposed and Actual Responses Received From the LACs 211 8.1 Quality of Argument of LACs as Told by the Stakeholders in the North Zone 252 8.2 Quality of Argument of LACs as Told by the Stakeholders in the East Zone 253 8.3 Quality of Argument of LACs as Told by the Stakeholders in the West Zone 254 8.4 Quality of Argument of LACs as Told by the Stakeholders in the South Zone 256 8.5 Quality of Argument of LACs as Told by the Stakeholders in the Central Zone 257 8.6 Quality of Argument of LACs as Told by the Stakeholders in the North East Zone 258 Tables vii 8.7 Quality of Argument of LACs as Told by the Stakeholders in the Six Zones 259 8.8 Quality of Presentation of LACs as Told by the Stakeholders in the North Zone 260 8.9 Quality of Presentation of LACs as Told by the Stakeholders in the East Zone 261 8.10 Quality of Presentation of LACs as Told by the Stakeholders in the West Zone 262 8.11 Quality of Presentation of LACs as Told by the Stakeholders in the South Zone 264 8.12 Quality of Presentation of LACs as Told by the Stakeholders in the Central Zone 265 8.13 Quality of Presentation of LACs as Told by the Stakeholders in the North East Zone 266 8.14 Quality of Presentation of LACs as Told by the Stakeholders in the Six Zones 267 8.15 Quality of Drafting of LACs as Told by the Stakeholders in the North Zone 268 8.16 Quality of Drafting of LACs as Told by the Stakeholders in the East Zone 269 8.17 Quality of Drafting of LACs as Told by the Stakeholders in the West Zone 270 8.18 Quality of Drafting of LACs as Told by the Stakeholders in the South Zone 271 8.19 Quality of Drafting of LACs as Told by the Stakeholders in the Central Zone 272 8.20 Quality of Drafting of LACs as Told by the Stakeholders in the North East Zone 273 8.21 Quality of Drafting of LACs as Told by the Stakeholders in the Six Zones 274 8.22 Overall Quality of Professional Skills of LACs per the Respondents in the Six Zones 276 8.23 Comparative Analysis of PLPs and LACs: Quality of Professional Skills (by Judicial Officers) in the North Zone 278 8.24 Comparative Analysis of PLPs and LACs: Quality of Professional Skills (by Judicial Officers) in the East Zone 280 8.25 Comparative Analysis of PLPs and LACs: Quality of Professional Skills (by Judicial Officers) in the West Zone 282 8.26 Comparative Analysis of PLPs and LACs: Quality of Professional Skills (by Judicial Officers) in the South Zone 284 8.27 Comparative Analysis of PLPs and LACs: Quality of Professional Skills (by Judicial Officers) in the Central Zone 286 viii Tables 8.28 Comparative Analysis of PLPs and LACs: Quality of Professional Skills (by Judicial Officers) in the North East Zone 288 8.29 Comparative Analysis of PLPs and LACs: Quality of Professional Skills (by Judicial Officers) in the Six Zones 290 8.30 Reasons for Not Opting/Discontinuing the Services of LACs Under FLAS in the Six Zones (Aware Women) 292 8.31 Rationale for Choosing/Appointing PLPs Over LACs in the Six Zones 294 8.32 Evaluation of the Commitment and Devotion of LACs in the North Zone 295 8.33 Evaluation of the Commitment and Devotion of LACs in the East Zone 295 8.34 Evaluation of the Commitment and Devotion of LACs in the West Zone 296 8.35 Evaluation of the Commitment and Devotion of LACs in the South Zone 297 8.36 Evaluation of the Commitment and Devotion of LACs in the Central Zone 298 8.37 Evaluation of the Commitment and Devotion of LACs in the North East Zone 299 8.38 Evaluation of the Commitment and Devotion of LACs in All the Six Zones 300 8.39 Places of Interaction Between LACs and Beneficiaries in the North Zone 301 8.40 Places of Interaction Between LACs and Beneficiaries in the East Zone 302 8.41 Places of Interaction Between LACs and Beneficiaries in the West Zone 303 8.42 Places of Interaction Between LACs and Beneficiaries in the South Zone 304 8.43 Places of Interaction Between LACs and Beneficiaries in the Central Zone 305 8.44 Places of Interaction Between LACs and Beneficiaries in the North East Zone 306 8.45 Places of Interaction Between LACs and Beneficiaries in All the Six Zones 307 8.46 Time Spent by LACs in a Week on LAS and Private Cases in the North Zone 308 8.47 Time Spent by LACs in a Week on LAS and Private Cases in the East Zone 309 8.48 Time Spent by LACs in a Week on LAS and Private Cases in the West Zone 310 8.49 Time Spent by LACs in a Week on LAS and Private Cases in the South Zone 311 Tables ix 8.50 Time Spent by LACs in a Week on LAS and Private Cases in the Central Zone 312 8.51 Time Spent by LACs in a Week on LAS and Private Cases in the North East Zone 313 8.52 Time Spent by LACs in a Week on LAS and Private Cases in All the Six Zones 314 8.53 Difficulties/Issues Faced While Interacting With LACs in the Six Zones 316 8.54 Nature of Complaints by Beneficiaries to Regulators in the Five Zones 318 8.55 Nature of Complaints by Beneficiaries to Judicial Officers in the Six Zones 320 8.56 Nature of Complaints by Judicial Officers to Regulators in All the Six Zones 321 8.57 Beneficiaries’ Rationale for Opting for Free Legal Aid 322 8.58 Unaware Women’s Opinion About Opting for Free Legal Aid 323 8.59 Lack of Faith as Reason for Not Opting for Free Legal Aid 323 8.60 Aware Women’s Reason for Opting for a PLP Instead of an LAC 324