ROLE OF NGOS AND CIVIL SOCIETY IN EXPANDING LEGAL AIDS BY - PRANSHUL JAISWAL
ROLE OF NGOS AND CIVIL SOCIETY IN
EXPANDING LEGAL AIDS
AUTHORED BY - PRANSHUL JAISWAL
The India Justice Report(2019),
published by the Tata Trust and the commonwealth Human Right Initiative, states
that only 1.5% of the population accesses legal aid, even though a much largest
segment qualifies for assistances. This stark gap highlights a major challenge
in the accessibility of legal service for ordinary citizens. Legal aid is the
act of receiving assistance with your legal problem in case you happen to be a
poor person who cannot afford an attorney. One large challenge with legal aid
in simply a lack of awareness. Some time people do not know their right, they
may not be aware of the existence of legal aids that can help them. Corruption
in the judiciary and red-tapism in the broader bureaucracy are other challenges
toward the effective implementation of legal aid. NGOs are focusing on
unlimited rage of cause but the cardinal principle is that it has to function
in consonance with the bye-law or trust deed as the case may be. It is working
in natural disaster or health and sanitation facility but also in order to
provide legal aid. Traditionally, legal aid means providing lawyer for the
person who are unable to pay fees for the legal services. NGOs have the
capacity to work at the grassroots level like Dr. Leena Moudgil-Fulfilling the
promise of legal Aid- Role of NGO.Providing free legal aid to that weaker
section 12 of the legal services authority act 1987. It also entails creating
legal awareness by spreading legal literacy through legal awareness camp, print
media, digital media and organizing Lok Adalats for the amicable settlement of
dispute which are either pending or which are yet to be filed. Access to legal
aid in India is critical for ensuring justice, but several barriers hinder its
effectiveness. These barriers include financial barriers, geographical
barriers, lack of legal literacy, institutional Barriers, Judicial Delays,
language barriers.
CHALLENGES FACED BY NGOs AND CIVIL SOCIETY:-
There are also many challenges faced
by NGOs and Civil society like limited funding(NGOs often rely on donation,
grant, and funding activities, which can be unpredictable and insufficient),Competition
for funds(with many NGOs vying for the same limited resources, securing funding
can be highly competitive), Restriction on Activities(In some regions,
government impose restriction on NGO activities, limiting their ability to
operate freely),Resource constraints(Limited financial and human resources can
hinder the ability of NGOs to execute project effectively), Infrastructure and
technology(Lack of` access to modern technology and infrastructure can affect
communication, data management and overall efficiency), Internal Governance
issues(Weak governance structures can lead to mismanagement corruption, and
lack of accountability), Security Risk(Working in conflict zones or areas with
high crime rates poses significant risk to staff and operation).
OUTCOME OF CHALLENGES:-
Here are some strategies that NGOs
and civil society can use to overcome these challenges: online presence ( NGOs
can create professional website and social media presence to communicate their
mission and impact), Capacity building( NGOs can train staff and invest in
capacity building to develop new skills and address challenges),
Collaboration(NGOs can collaborate with experts, share experience and learn
from each other, Training hubs(NGOs can establish regional training hubs to
offer in-person workshops, conference and networking opportunities. Strengthen
governance (NGOs can strengthen their governance structures to enhance their
effectiveness and sustainability). NGOs provide free legal assistance can range
legal advice and counseling, to representation in court through litigation. It provides
legal counseling and legal assistance through the lawyer and community justice
workers. NGOs bear the expenses like relating to: court and other processing
fees, changes for preparing, drafting and filing of any legal proceeding,
charge of a legal practitioner or legal advisor, cost of obtaining decrees,
judgment, order or any other document in a legal proceeding, cost of paper
work, including printing, translation etc. NGOs provide rehabilitation center,
shelter homes, and observation homes for women, juveniles, alcohol and drug
addicted. NGOs from time to time have raised several issued of public importance
in our society. Public interest litigation is declared as a strategic arm of
the legal aid movement. This Public Interest of litigation is brought for the
legal right of the people who are poor, ignorant or in a socially or
economically disadvantaged position should not go unnoticed and un-redressed.
CASE LAWS:-
The NGOs and civil society also raise
issues related to juveniles. There is landmark judgment on juveniles raised by
NGOs is in the case of Sheela barse vs The secretary, children aid society and
others the court directed the state government to take step for completing the
investigation within three months in cases lodged against children and to
establish an adequate number of courts to expedite the trial of such case.
In the case of Budhadev karmaskar vs State of
west Bengal, the NGOs also with state government fought for the rehabilitation
homes to the sex worker in our country. Here public union for Democratic and
right and NGOs as a writ petition and directed the authority concerned to pay
the wages according to the minimum wages act 1948 to the laborers engaged in
the construction for the buildings and projects in Asiad Game 1982.
CONCLUSION:-
Today NGOs are working hand in hand
with state machineries for the betterment of the society. Their contribution
helps in bringing the issues and problem to notice.
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