Supreme Court Issues Directions To Improve Availability Of Legal Aid To Prisoners

On October 23, 2024 (Yesterday), the Supreme Court (SC) of India was hearing a petition filed by Suhas Chakma, a Human Rights Activist, seeking measures to ensure free and legal aid to prisoners. The bench of Justice BR Gavai and Justice KV Viswanathan pronounced the judgment yesterday and issued certain directions to improve the availability of legal aid to prisoners across India. Moreover, it reiterated, “Legal Aid to Poor Should Not Be Poor Legal Aid,” and asked the High Courts to consider issuing practice directions to all courts, informing the convicts about the availability of free legal aid. The bench said, “The High Courts may consider the feasibility of issuing a practice direction to the effect that all courts including the High Court while furnishing the copy of the judgment of conviction/dismissal/reversal of acquittal/dismissal of bail applications, may append a coversheet to the judgment informing the convict about the availability of free legal aid facilities for pursuing higher remedies. The coversheet may set out the contact address and phone number of the legal aid committee attached to the court for seeking appropriate guidance.”

Furthermore, the SC directed that the Legal Services Authorities at different levels should adopt methods to strengthen the monitoring of PLACs (Prison Legal Aid Clinics) and periodically review their functioning. It added, “The Legal Services Authorities, at all levels, should ensure that the Legal Aid Defence Counsel System, which is a pioneering measure, functions to its full potential. In this regard, periodic inspection and audit of the work of the Legal Aid Defence Counsels should be carried out. Steps should also be taken to improve the service conditions of the personnel working in the Legal Aid Defence Counsel system, whenever it is felt necessary and appropriate.” The SC also said that awareness is the key to the success of the legal aid mechanism. In this context, the bench illustrated certain measures to create awareness through the length and breadth of the nation to spread the message of the availability of legal aid. 

• “In public places like police stations, post offices, bus stands, railway stations etc. boards in prominent places be displayed furnishing the address for contact and the phone numbers of the nearest legal aid office. This should be done in the local language and in English. 
• Promotional campaigns in the local language be undertaken through Radio/All India Radio/Doordarshan. This will be in addition to the promotional measures undertaken through the digitalization process – like hosting of websites and prominent mention thereon on the landing page of the legal services authority wherever permissible. 
• To create complete awareness about the existence of legal aid schemes, promotional campaigns may include such other creative measures including organization of street corner plays (nukkad natak) in rural areas so that the poor rural masses comprehend the facility available to them through the legal aid scheme. These should be undertaken without dislocating the normal life of citizens. Further, these measures will not only create awareness about legal aid to the accused but will also create awareness for the victims and for those whose civil rights have been infringed.”

The bench further said, “The huge gap between total number of persons identified by the UTRC (Undertrial Review Committee) and the number of persons recommended for release should be looked into and adequate corrective measures be taken. Similarly, the difference between the number of prisoners/inmates recommended for release and the number of bail applications filed should be particularly looked into by NALSA/SLSAs/DLSAs and adequate corrective measures taken.” The SC also directed that interaction by the Legal Service Authorities at different levels with convicts who had not preferred appeals should be periodically undertaken and the convicts be informed of their right to free legal aid. Moreover, this periodic interaction should be held with Jail Visiting Lawyers (JVLs) and Para Legal Volunteers (PLVs), to ensure the updation of their knowledge so that the system functions efficiently as a whole. 

It also said, “Steps for continuing education of lawyers involved in pre-litigation assistance and those associated with the Legal Aid Defence Counsel set-up should be provided by Legal Services Authorities. Apart from this, it should also be ensured that adequate law books and access to online libraries are available to lawyers engaged at the pre-litigation assistance stage and those involved with the Legal Defence Counsel set-up.” Moreover, the top court directed the High Courts that they “..may on their webpage carry information about the legal aid facilities available in the State.”