Whither free legal aid?

By K.V.S. Madhav

HYDERABAD, MARCH 31. Fatigued faces. They could be criminals, thugs or innocent people drawn into litigation, all invariably chained by a single bond called poverty. Their fate is sealed in these crowded court halls.

Fate that hangs in balance at the mercy of the State. Court- appointed lawyers are their voice and make that crucial difference between imprisonment and freedom and life and death.

As per Article 39-A of the Constitution, the State has to provide free legal aid to individuals unable to procure it due to poverty or other disabilities.

But, the system has failed this constituency. Free legal service is slipshod, approach indifferent and trustworthy defence of the indigent in short supply. So much so it has invited resentment from judges with instances of red-faced magistrates casting about for lawyers who failed to turn up.

Court-appointed lawyers are practitioners who are certified to take cases based on their track record. "Their number is adequate, but the performance of some not satisfactory," says Mr. Justice B. Subhashan Reddy, High Court Judge and Chairman, A.P. Legal Services Authority, pointing out, "free legal aid is a fundamental right".

Members of the Scheduled Castes and Scheduled Tribes, victims of trafficking in human beings or beggars as referred to in Article 23 of the Constitution, women or children, disabled, victims of ethnic violence, caste atrocities, floods, drought, earthquake, industrial workmen, individuals booked under Immoral Traffic (Prevention) Act, 1956, Juvenile Justice Act, 1986, or Mental Health Act, 1987 and those with an annual income less than Rs. 12,000 are eligible for free legal service.

Though the exact number of the indigent in the city courts is unknown, they do account for a sizeable number of cases. Cases where there is little remuneration for lawyers. And, that is at the root of the problem.

The counsel fee given to these lawyers is a pittance. A writ petition would fetch a minimum of Rs.400 and a maximum of Rs.600; a civil miscellaneous appeal would get them a minimum of Rs. 300 and a maximum of Rs. 600. Likewise, the counsel fee for a writ appeal or letters patent appeal ranges from Rs.600 to Rs.800.

All this irrespective of the number of sittings the case stretches to -- it could go on for months and years. "These meagre amounts serve no purpose, not even stationery costs," fume practising lawyers, Mrs. P. Anuradha Naidu and Mr. Sunil Goud. "many a time, we have not claimed this as it takes up to six months to get the cheques cleared," they charge.

The former secretary of the Metropolitan Criminal Courts Bar Association, Mr. K. Ravinder Reddy, feels lawyers tend to take things casually for these reasons and hence the "purpose of helping the poor is not served".

A proposal for hiking the counsel fee was put off at the recent APLSA board meeting. "Since the counsel fee was increased only last year, the decision was deferred," explains Mr. K.C. Bhanu, Judge, Metropolitan Sessions Court. "It doesn't meet all ends, but is of some help," says Mr. P. Raghavendhra, Secretary, A.P. High Court Legal Services Committee. "The trial court judges should be allowed to award more counsel fee at least in long- drawn cases," Mr. Ravinder Reddy suggests.

The lawyers' quality has also come under scrutiny. While some are experienced, many are `juniors' trying to come out of their seniors' shadow. "Some are doing well. We change the lawyers' list every year. It is a moral obligation and learning experience for every lawyer despite the shortcomings," says Mr. Raghavendhra.

As of now, those who cannot afford lawyers and lawyers unable to afford prolonged litigation costs, seem to sail in the same boat.

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