In India, the right to free legal aid is recognized as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty. The landmark case that established this right is the case of Hussainara Khatoon v. State of Bihar (1979).
Hussainara Khatoon, a poor undertrial prisoner, filed a petition in the Supreme Court of India highlighting the issue of prolonged detention of undertrial prisoners due to their inability to afford legal representation. The court took cognizance of the matter and held that the right to free legal aid is an essential aspect of Article 21.
The court recognized that a person cannot have a fair trial unless they have access to legal representation. It further stated that the right to free legal aid is necessary for securing justice, as it ensures that individuals who are economically disadvantaged are not denied their rights due to financial constraints.
Following this judgment, the Legal Services Authorities Act, 1987 was enacted to provide a statutory framework for the provision of free legal aid. Under this act, the National Legal Services Authority (NALSA) and State Legal Services Authorities were established to provide legal aid and services to economically backward sections of society. Since the Hussainara Khatoon case, several other cases have reaffirmed the right to free legal aid in India. Some notable cases include:
Khatri v. State of Bihar (1981): The Supreme Court emphasized that free legal aid must be made available at the stage of the arrest itself to ensure fair and just treatment.
Suk Das v. Union Territory of Arunachal Pradesh (1986): The court held that free legal aid is not limited to criminal cases but also extends to civil cases where the person is unable to afford legal representation.
Sheela Barse v. State of Maharashtra (1983): The court highlighted the need for free legal aid to be provided to women prisoners to protect their rights and ensure access to justice.
These cases, along with subsequent legislation and initiatives, have played a crucial role in promoting and protecting the right to free legal aid in India.
