Awareness is key to success of functioning of legal aid mechanism SC

    New Delhi, Oct 23 (PTI) Awareness is the key to the success of the functioning of legal aid mechanism, the Supreme Court said on Wednesday while directing that addresses and phone numbers of the nearest legal aid office should be displayed in public places.
    A bench of Justices B R Gavai and K V Viswanathan passed a slew of directions on the aspect of access to free legal aid for prison inmates.
    It said the high courts may consider the feasibility of issuing a "practice direction" to the effect that all the courts, while furnishing the copy of the judgment of conviction or reversal of acquittal and dismissal of bail pleas, may append a cover sheet to the verdict informing the convict about the availability of free legal aid facilities to pursue higher remedies.
    The bench said the high courts may on their webpage carry information about the legal aid facilities available in the state.
    It also directed that the National Legal Services Authority (NALSA), in cooperation with the state and district legal services authorities, will ensure that the standard operating procedure for access to legal aid services to prisoners and the functioning of prison legal aid clinics (PLACs) are operated efficiently in practice.
    "For the success of the functioning of the legal aid mechanism, awareness is the key," the bench said in its 40-page verdict.
    "A robust mechanism should be put in place and periodically updated to ensure that the various beneficial schemes promoted by the legal services authorities reach the nook and corner of the nation and particularly, to those whose grievances it has set out to address," it said.
    The bench delivered its verdict on a plea seeking directions to ensure that no prisoner was subjected to torture, inhumane and degrading treatment or punishment because of living in overcrowded and unhygienic conditions in jail.
    The apex court said adequate literature, including in the local languages in the states and appropriate promotional methods, should be launched so that consumers of justice for whom the schemes are intended can make the best use of the same.
    It also noted measures which could be undertaken to create awareness and spread the message of the availability of legal aid.
    "In public places like police stations, post offices, bus stands, railway stations etc., boards in prominent places be displayed furnishing the address for contact and the phone numbers of the nearest legal aid office. This should be done in the local language and English," it said.
    The bench said promotional campaigns in the local language be undertaken through the All India Radio and Doordarshan.
    "This will be in addition to the promotional measures undertaken through the digitalisation process – like the hosting of websites and prominent mention thereon on the landing page of the legal services authority wherever permissible," it said.
    The bench said that to create complete awareness about the existence of legal aid schemes, promotional campaigns may include other creative measures, including the organisation of street corner plays (nukkad natak) in rural areas.
    "These should be undertaken without dislocating the normal life of citizens," it said, adding that these measures will not only create awareness about legal aid among the accused but also for victims and for those whose civil rights have been infringed.
    It said the Centre and the states shall continue to extend their cooperation and assistance to the legal services authorities at different levels for the effective implementation of the measures taken by them.
    In its verdict, the bench also referred to Article 39-A of the Directive Principles of State Policy which deals with equal justice and free legal aid.
    Referring to a previous judgment of the apex court, the bench said it was held that free legal assistance for the poor and indigent at the cost of the State is a fundamental right of a person under Article 21 even if the person does not seek legal assistance on their own.
    It said a note submitted before it indicates that NALSA has formulated a standard operating procedure (SOP) on access to legal aid services to prisoners and the functioning of the PLACs.
    "NALSA has stated that as per the information received from the SLSAs (state legal services authorities), there are a total of 1,265 jails (including sub jails and women jails), 1,256 PLACs and 6,663 jail visiting lawyers," it noted.
    The bench also said that as of 2023-24, NALSA has interacted with 4,56,798 inmates and provided legal assistance to 3,24,867.
    It said that as per the report, at present, around 611 of the 703 districts in the country have the legal aid defence counsel system in place.
    "The most important task in any legal service is spreading its awareness to the needy. The status report of NALSA indicates that convicts were made aware about the availability of free legal services, availability of the right to file appeals/SLPs (special leave petition) and the process of filing the same," it said.
    "This guarantees and effectuates Article 21 inasmuch as for the convict in custody too, who is virtually incommunicado with the outside world, is positively made aware about his rights in the nature of the existence of a right of appeal and the facility available for availing free legal services," the bench said.
    It said the issue of "open correctional institutions" will be heard and considered separately by the court.

(This story has not been edited by THE WEEK and is auto-generated from PTI)