The Constitution guarantees the right to life and personal liberty under Article 21, and over time, the Supreme Court has interpreted this right to include free legal aid for those who cannot afford it. The journey of legal aid in India, from the historic Hussainara Khatoon v. State of Bihar (1979) case to its recognition in BNSS 2023, reflects the commitment of the justice system to ensure fairness for all.
The Landmark Hussainara Khatoon Case
In the late 1970s, newspapers reported shocking stories of undertrial prisoners languishing in Bihar jails for years without trial. The Supreme Court, treating a newspaper report as a petition, took suo motu action. In Hussainara Khatoon, the Court declared that speedy trial is part of the right to life and liberty, and that free legal aid must be provided to prisoners who cannot afford lawyers. This decision changed the landscape of criminal justice forever.
Legal Aid Under BNSS
BNSS 2023 has codified the principle of free legal aid. It ensures that every accused person who lacks financial capacity must be provided with a lawyer at the state’s expense. This is particularly important at the stage of arrest, remand, and trial, where legal representation can make the difference between liberty and continued detention.
Practical Impact
Legal aid is not charity; it is a constitutional mandate. Thousands of prisoners, especially from economically weaker backgrounds, have benefitted from this right. Legal Services Authorities, set up under the Legal Services Authorities Act, 1987, coordinate free representation through empanelled lawyers and paralegal volunteers.
Judicial Reinforcement
In Khatri v. State of Bihar (1981), the Supreme Court reiterated that denial of legal aid is denial of justice. Similarly, in Suk Das v. Union Territory of Arunachal Pradesh (1986), the Court stressed that failure to provide legal aid vitiates the trial itself. These rulings remain guiding principles today.
Conclusion
The right to legal aid ensures equality before law. By embedding this right in BNSS, India has reaffirmed its commitment that justice should not depend on wealth. From Hussainara Khatoon to the present day, the principle remains the same i.e justice must be accessible to all, not just the privileged few.