27 Nov 2023 4:22 PM GMT
In a compelling address at the first regional conference on Access to Legal Aid, organized by the National Legal Services Authority (NALSA) in collaboration with the International Legal Foundation (ILF), UNDP, and UNICEF, Attorney General R Venkatramani emphasized the imperative for lawyers to consider participation in legal aid services not just as a professional duty but as an ethical and moral dimension of their profession.
Venkatramani criticized the historical neglect of legal aid, terming it the "original sin" where legal professionals treated it as a lesser priority. He categorically denounced such an attitude, stating, "Legal aid is not an alternate second charity." He challenged the notion that progress in the legal profession is confined to corporate or government work, stressing the fundamental nature of the professional calling. He urged legal professionals to embrace participation in legal aid as a source of pride, describing it as a moral duty that contributes to the dignity and reputation of legal services.
In a motivational tone, the Attorney General encouraged lawyers to strive for recognition, stating, "If you aspire for Padma awards or even a Magasasay award as a moral doctorate conferment, be a part of legal services and contribute to enabling people to attain freedom from the unequal justice system."
Commencing his speech, Venkatramani highlighted the Taskforce on Justice report's alarming finding that approximately 5.1 billion people globally lack meaningful access to justice.
Funding Cut Concerns and Benefits of Legal Aid
Expressing concern over the reduction in central funding for legal services, Venkatramani underscored the need for sustained investment. He noted a decrease from 140 crores in 2018-19 to 100 crores in 2021 and emphasized that inadequate funding remains a significant concern.
He advocated for economic analysis through cost-benefit studies, citing insights from the World Bank and the International Bar Association. Venkatramani suggested the need for a comprehensive evaluation of existing programs, emphasizing the numerous social benefits that may result from increased social and financial investment.
Importance of Clinical Legal Education
The Attorney General stressed the importance of exposing students to the challenges faced by citizens within the legal system. He called for the establishment of legal empowerment centers in both rural and urban areas, highlighting the role of legal education in empowering citizens.
Evolution of Legal Service Extension in India
Venkatramani acknowledged the Supreme Court's historical efforts in articulating the constitutional foundation, citing landmark cases from Sunil Batra to Hussainara Khatoon. He described the NALSA Act as a culmination of prevailing ideas and legal assistance to the economically vulnerable.
Referring to Clarence Gideon’s case in the US Supreme Court, where lack of legal assistance led to an illegal conviction, Venkatramani emphasized the need for effective legal support.
Nexus Between Poverty, Inequality, and Access to Justice
The Attorney General argued that poverty, inequality, and economic deprivation are primary causes of the lack of access to justice. He asserted that access to justice, within an unequal social order, serves as palliative succor to prevent disabilities and failures of justice. Emphasizing the persistent issue of severe socioeconomic inequality, he noted that a justice gap will persist as long as this inequality exists.
Existential Demand for Freedom from Unequal Operation of Justice System
Venkatramani articulated that while India has made considerable progress, it still grapples with crucial questions. He stated, "Freedom from the unequal operation of the justice system is an existential demand," comparing it to freedom from hunger and arbitrary social action. He emphasized that developmental talk becomes meaningful only when citizens have a sense of belonging to and participation in justice administration.
Integration of Access to Justice in Development Strategies
Drawing attention to the UN SDG 2030, Venkatramani highlighted the intrinsic connection between access to justice, poverty reduction, and inclusive growth. He referred to studies with the Asian Development Bank, showing that legal support regulatory reforms resulted in higher productivity and economic gains.
He explained, "In our country, legal support to women in various distress situations, such as dowry issues, has shown a decrease in the phenomenon." Venkatramani stressed the need for coordination across policy areas to achieve the multiple dimensions of the SDG, suggesting that progressive legal support measures play a crucial role.
Call for Legal Services Watch
In conclusion, the Attorney General called for the establishment of a legal services watch by the government, urging monthly assessments and corrective measures. He proposed a collaborative effort involving the courts and a shift from political freebies to non-political engagements