New Delhi : The Supreme Court on Wednesday issued several directions on free and timely legal aid facilities to prisoners and said that there is a need for awareness about legal aid and civil rights, so that everyone can get justice in the right way.
A bench of Justices BR Gavai and KV Vishwanathan directed the National Legal Services Authority (NALSA) to work with the State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs) to ensure that legal aid services are accessible to all. SOP should be implemented on access. The functioning of the prisoners and the Prison Legal Aid Clinic (PLAC) is conducted efficiently in practice. The top court also said that NALSA will update and improve the measures prescribed under SOP-2022 from time to time so as to remove any inadequacies that may emerge while operationalizing it at the field level.
Order on Suhas Chakma's petition
The top court's order came while hearing a petition filed by a man named Suhas Chakma, seeking a direction to the respondents Union of India, states and union territories to ensure that no prisoner is subjected to torture, torture or imprisonment due to his stay in the country. Not be subjected to cruel, inhuman or degrading treatment or punishment. Excessive overcrowding and unhygienic conditions in the jail. The petition supported that all persons deprived of their liberty are entitled to be treated with humanity and with respect for their inherent dignity and prayed for the creation of a permanent mechanism to reduce overcrowded prisons.
The Supreme Court also directed that legal services authorities at various levels adopt ways to strengthen the monitoring of PLACs and review their functioning from time to time. The legal services authorities will update the statistical data from time to time and after analyzing the results, will take steps to address the shortcomings revealed.
Attention Legal Services Authority
The Supreme Court also directed that the legal services authorities, at all levels, ensure that the Legal Aid Defense Counseling System, which is a pioneer measure, functions to its full capacity. In this regard, the work of legal aid defense consultants should be inspected and audited from time to time. The top court said that whenever deemed necessary and appropriate, steps should also be taken to improve the service conditions of personnel working in the legal aid defense lawyer system.
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The Supreme Court says, “For the success of the functioning of the legal aid mechanism, awareness is important. A strong mechanism should be put in place and updated from time to time to ensure that the various beneficial schemes promoted by the legal service authorities reach every nook and corner of the country. Especially, for those who need them. Adequate literature and appropriate publicity methods, including in local languages, should be launched in the States to address the grievances, so that the consumers with whom the schemes are designed for justice can make best use of them.”
Propaganda is necessary for awareness
To create awareness, the top court suggested various measures to spread the message of availability of legal aid at public places like police stations, post offices, bus stands, railway stations etc. and running publicity campaigns in local language through radio.
Periodic interactions should be held with Jail Visiting Lawyers (JVL) and Para Legal Volunteers (PLV). This is to ensure updation of their knowledge so that the system as a whole can function efficiently, the top court said.
The Supreme Court said that steps for continuing education of lawyers involved in pre-trial assistance and lawyers associated with legal aid defense counsel set-up should be provided by the legal services authorities. Further, it should also be ensured that access to adequate law books and online libraries is available to the lawyers engaged in the pre-litigation assistance stage and those associated with the legal defense counsel set-up.
The top court said that the Union of India and the state governments will continue to extend their cooperation and assistance to the legal services authorities at various levels for effective implementation of the measures taken by them. The Supreme Court also appreciated the assistance provided by advocate Vijay Hansaria, amicus curiae, and another advocate, Rashmi Nandakumar, for effective presentation of the case.
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