CHAPTER IX

Conclusions
and
Suggestions
 "The poor and illiterate should be able to approach the courts and their
ignorance and poverty shouldn't be an impediment in the way of their
obtaining justice from the courts."1
- Justice P. N. Bhagwati

9. CONCLUSION
In a genuinely 'social welfare oriented state' every individual however big or

small, rich or poor, endowed with or deprived of, has a definite role and

importance. Largeness of society, inadequate economic resources and

complicated procedures can never be an excuse for the legal system failing to

realise the importance of justice to everyone.

As discussed in the second chapter, an effective and functioning system of

legal aid is one of the indicators of a fair and just, justice administrative system.

This study has been oriented around this concept of rendering effective justice

while there is an added obligation on the state to provide the necessary

assistance and support to the needs of the poor and deserving, so that justice

prevails.

Legal aid is therefore a universal concept and an international obligation of

every nation which claims to be part of the civilized international cornmunity

Third and fourth chapters gives due reverence to this concept of the

universality of States' obligation. The international conventions and practices

of several differently placed nations have a system of effective legal aid to

claim itself to be a nation governed by rule of law.

India of course has not been lagging behind in this endeavour; we in India

would naturally draw from our ancient heritage and culture. In that sense legal

Sujan Singh, Legal Aid Human Right to Equality (Deep & Deep Publications, Rojouri Gardens,
New Delhi, 1994) 2
aid did exist though rudimentary in nature right from the Vedic ages. Of course

like many other matters the concept did not flourish or enlarge as it should

have. The fine thread and sense of social belongingness and responsibility did

.continue to exist in the subsconsiouness of the nation as traced in the third

chapter. The subsequent periods of history did not ignore or discard the need

and idea of legal aid. Despite the different rules and different systems the legal

aid continues to exist. It could be asserted with certainty that at no point of time

in the history of India that the nation existed without legal aid system as amply

explained and illustrated in the fifth chapter.

Of course legal aid as a vehicle would be ineffective without a system of

procedures. The fundamental procedural law applicable in the Indian justice

delivery system viz. C. P. C and Cr. P. C clearly brings out the intention of the

law makers that legal aid has to be an essential component of justice. The

intricacies and detailed procedures and its efficacy in providing legal aid is

critically analysed in the :sixth chapter.% If anyone anywhere spealcs of the

Indian Justice delivery system the first thought that comes to one's mind is that

of our judiciary and more so of the Supreme Court, which has effectively

proved not only to the nation but to the whole world that India is a democratic

nation ruled by law. It is of course, no doubt, judiciary that has asserted itself in

ensuring legal aid which should become the order of the day. Thanks to

stalwarts like Justice Bhagwati and Justice ICrishna Iyer that legal aid has

become a respectable right to the poor and needy in India. Their judgments as

cited in this chapter confirm the fact that giving of legal aid is a sine qua non of

393
just judicial system. One can ascertain that if not for the stem and

uncompromising insistence of these judges of the High Courts and the Supreme

Court, legal aid in its present form might have been delayed at least by half a

century.

The effect of intemational dictates judicial pronouncements and more than

anything else the compelling needs of the nation resulted in the enactment of

the path breaking legislation namely the Legal Services Authorities Act, 1987.

This Act ensures legal aid. The statement of objects of the legislation has

rightly cited Art.39A as the basis and reasond'tre for this legislation. Chapter VI!

has been entirely devoted to the detailed discussion of the legislation, the

institutions of various authorities including National Legal Services

Authorities, State Legal Services Authorities. Their constitution, powers and

functions are all critically analysed in the fifth chapter to prove currently there

exists a system, to deliver justice to the poor and needy. Of course in India it is

not law at fault but the men who administer the law fail to fulfil the objectives

and dreams of the nation. ChapteNII therefore is an impartial analysis of the

law, rules and systems.

Chapter VIllis the yolk of the thesis when the substance and content of the

administration of legal services provisions is closely, intently and critically

looked at. The focus of the study being the State of Goa, it begins with Goa

State Legal Services Authority Rules and Regulations and takes stock of the

existing systems of the constitution and functioning of Legal Services

Authorities in Goa.

394
The study of course included intensive field research techniques and on-the-

spot analysis wherein, a number of judges and advocates involved connected

and concerned with Legal Services Authorities were interviewed on various

aspects of system of legal aid that exists in Goa. As a natural consequence of

this fmding to support and substitute their views and ideas, the researcher has

assessed the documentary evidence from 2002 onwards and presented a

balance sheet of the state expenses in the name of legal aid. Considering that

the conceipt of legal aid is not limited, the researcher took into consideration the

various activities of the Legal Services Authorities and stressed upon the legal

aid needs to inculcate, including the peripheral avenues like legal aid activities

of law colleges. The system of legal aid to inmates of prison has also found the

subject matter of in-depth analysis.

This being a 'research study conducted systematically following the rules and

dictums of research methodology, the researcher would like to review his

hypothesis as below.

After the brief summary of the thesis it is decided to continue with the

following:

i) Conclusion on Hypothesis

ii) Suggestions.

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9.1 CONCLUSION ON HYPOTHESIS

Even though Right to counsel is included as a fundamental right, majority of

the people are unable to take advantage of this right due to their illiteracy,

poverty and lack of awareness

From the circumstantial and direct evidence the above hypothesis has been

proved partly2.

The indigent litigant has no confidence in the effectiveness and adequacy of the

justice delivety system due to procedural technicalities, poor service from the

free legal aid la-wyers, and establishment apathy.

From the empirical data collected and analysed the hypothesis has been partly

proved.3

Low fees prescribed for the legal aid counsels attract very few talented lawyers

and as a result Legal Service Authorities failed to execute the concept of

"Poverty Jurisprudence."

From the questiormaire data analysed and the interviews the hypothesis has

been proved.4

The sympathy of Legal Service Authorities towards free legal aid is more

perceptible when the claimants are members of schedule castes and schedule

tribes.

The data was not adequate either to justify or to prove it otherwise. The

hypothesis needs further socio-historical research on these categories5.

2 Refer page no.379-382

396
The sympathy of Legal Service Authorities towards free legal aid is more

perceptible when the claimants are women.

The hypothesis has been proved as con-ect after analysing the statistical data

available6 .

9.2 SUGGESTIONS

It may not be adequate to end this thesis merely on conclusions but as an

individual genuinely concerned about the system of legal aid, it is felt that

some concrete and pragmatic suggestions will help the authorities, as to the

areas and moot points in which the immediate and possible actions could be

initiated. The suggestions are:

1. Sincere and honest advocates who are interested in the case and

competent to handle should be appointed for legal aid, and not merely

on the basis of seniority. To create confidence in the litigant about the

system of legal aid, appointment of legal aid counsel plays a vital role.

2. The appointed advocates are not supposed to receive any additional fees

from client even for stationery as they can claim from the Legal Services

Authorities. The Concept of Legal Aid would be defeated as long as

legal aid advocates demand the additional fees from the clients in the

name of stationery or something else.

3. Judges have to appoint /request Senior Advocates where nature of the

case so requires it, in-espective of whether he is a panel advocate or not.

6 Refer page no 375

397
 Judges have to appoint advocates depending on the nature of the case

and should not appoint just any advocate in the panel who may not do

justice to the case. If the case is of a serious nature they can inform a

Senior Advocate to talce up the matter even though he is not on the legal

aid panel.

4. Legal Aid Advocates should themselves deal with the case; they are not

supposed to delegate the work to their untrained or budding junior

advocates. This is especially so, when the case reaches trial stage and

argument level, Legal Aid advocate has to handle the case personally

and with utmost sincerity and more conunitments.

5. The advocates have to deal with legal aid cases in such a way as to erase

the blame, that convictions are more, in legal aid cases. Otherwise the

basic object of Art.39A of the Indian Constitution and the efforts of

great judges like Justice Bhagwati and Justice Krishna Iyer on legal aid

movement would become futile.

Law students are to be permitted to assist the legal aid advocates in the

manner students assist the Judges in the High Courts and the Supreme

Court. Legal Services Authorities and Judiciary have to recognise the

importance of law students, towards legal aid system and allow them to

handle minor proceedings just as fmal year medical students are allowed

to help the doctors in initial stages. Same concept can be adopted by the

Legal Services Authorities.

398
7. When fee is meagre, advocates are not coming forward to be a panel

advocate. In these circumstances, in each court one advocate may be

appointed on contract basis for 3 years as a legal aid advocate.

Authorities have to pay him monthly fixed salary.

8. Every judge on completion of a case has to record his comment about

the performance of the legal aid advocate during such trials. This will be

a check on the performance of advocates in legal aid cases. It will help

to improve the quality of services of advocates in legal aid cases.

9. Legal Aid awareness programmes should focus at the village folk

especially where uneducated, needy people like S.C, S.T and Worlcing

class reside. When programmes are plarmed, it is important that the

topic for presentation is based on the interest or concern of the audience.

Weaker sections of the community can be educated and instructed by

means of interesting lectures given by good and effective speakers in

simple language.

10. Every advocate has a social responsibility to take up at least some

minimum number of legal aid cases. As advocate's profession, is a

noble profession every advocate has to help the needy people at his

level. Lawyers have to offer their services to the poor. Bar association

should be sensitized to the cause, and must come forward to contribute

in this humanitarian effort.

11. Legal Services Authorities has to be segregated as distinct and

independent authority by appointing Judicial Officers and staff to run it

399
 on full time ba.sis. That would help to achieve more ffinctional integrity,

coordination, monitoring which would be effective in the long run.

Regular judiciary catmot devote more titne on Legal Services

Authorities. The situation demands to have a proper secretary to

administer Legal Services Authorities at all levels.

12. Publication on important topics such a.s "Worker and Law", "Women

and Law" "Tenancy", "Land Laws" etc are required to educate the

masses through vernacular languages, and distribute to the needy

people, free of cost. The Authority has to spread legal awareness

amongst the people by advertising through electronic media, print media

and by publishing articles in various newspapers.

13. Members of Legal Services Authorities have to attend without fail

Grama Sabhas as per new scheme of National Legal Aid Authorities.

This will help the villagers to know about Legal Services Authorities

and the object behind it. Basically when advocates attend the Grama

Sabhas some minor problems can be settled on the spot.

14. A clause has to be inserted in the vakalatnama that the advocate has

informed the client about the facility of legal aid advocate. This will

help the needy people to be aware of legal aid.

15. There is a need to check the efficacy of the legal aid camps. Thereby the

authorities can plan for the future programmes more effectively.

16. First of all village adtninistrative bodies have to understand the concept

of legal aid. There is a need to sensitize the representatives of the people

400
 at ward level, self help groups in rural areas and mahila mandals about

the importance of Legal Services Authorities, by which they can plan

awareness programines successfully and efficiently. Legal Aid, to be

effective and meaningful, needs to be well-spread in the rural areas of

the country.

17. Recognition to legal aid advocates be given by giving preference in

recruiting candidates for the post of govemment lawyers and

appointment, of commissioners, is one of the methods to motivate the

advocates to join the legal aid panel.

18. Procedure for payment of advocate fee has to be redressed. When the

remuneration has to be paid to the lawyer, he may not be demanded to

submit an attendance certificate which causes delay. As they are

working for legal aid and fees being not at par with other cases, the

concerned may scrutinize the application for fee, and clear the file by

paying the fee right at the moment. Otherwise it will be a harassment to

the advocates, which ultimately discourages him from accepting such

jobs.

19. Conciliation Centre has to function well. Panchayats should be

permitted to play a greater role at the Conciliation Centre. To create

confidence among the public at large on the fimctioning of Legal

Services Authorities, organising conciliation centres could play an

important role.

401
20. Lok Adalat must have the power to determine a dispute beyond yes-yes

or no-no basis. Lok Adalat must not be a mere mediator but should also

have some extra powers to settle the disputes effectively.

21. Senior citizens and, people affected in natural calamities, victims of

terrorist attacks and freedom fighters should be included in the category

of persons who are entitled to claim legal aid. There is a need to amend

Sec.12 of the Legal Services Authorities Act by inserting the above

categories.

22. Co ordination among Legal Services Authorities is required. High Court

Legal Services Committees, District Legal Services Authorities and

Taluka Legal Services Committees have to work in coordination with

each other.

23. A special study may be made with respect to S.0 and S.T in Goa. Vis-a-

Vis legal aid benefits to the said category.

24. Funds for legal aid need not come solely from the State, but munificent

public may contribute to it. Because, legal aid serves a social cause and

caters to the basic requirements of human society. Such public

participation will strengthen legal aid movement in India.

25. In the villages, a help line can be opened. It has to fimction on all

worlcing days from 10 a.m to 5p.m. It may be manned by competent

lawyers. This help line system saves time, money and energy of poor

people.

402
26. The Legal Services Authorities may organize street plays, skits, etc. to

educate and entertain the general public so as to promote awareness of

social and legal issues lilce Female Foeticide, Child Labour, and

Domestic Violence against Women etc.

27. Law Colleges have to organise Lok Adalats by involving retired judges,

Senior Advocates, Law teachers, and respected members of society to

help conciliated settlement of disputes pending in courts and

tribunals.eg. Insurance cases etc.

28. There must be training programmes for law students and social activists

to appear before judicial and quasi judicial forums to represent under

privileged groups.

29. Public Interest Litigation should be made use of by law students in the

region to ensure implementation of various welfare laws on behalf of the

poor.

30. Law Colleges should analyse existing laws from the perspective of the

disadvantaged and draft alternative bills for adoption by law makers.

31. Social reformation and resurgence movements usually require man

power and youth, therefore, law colleges shall come forward to alleviate

the suffering of the unfortunate poor. Hence, a periodical study of the

situation be made and persuade the officers to implement the accepted

measures as visualised and granted by the government.

403
To conclude, it is hoped that some of the suggestions will enable the legal aid

movement in Goa to grow both within the Law Colleges as well as amidst the

Legal Services Authorities. The other objectives of these suggestions are to

empower law students in the advocacy skills as well as to inculcate in them the

culture of social work and commitment to the poor. As the researcher has been

involved in the evolution of legal aid in Goa in the twenty first century, he has

developed unique insights into the dynamics of legal aid movement in Goa. So

he has made efforts to motivate further researches wherever he found lacunae.

It is hoped that with much more in-depth studies and researches, the virgin field

of legal aid in Goa will yield abundant results and Goa will be a model for

other states.

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