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Il 0% ha trovato utile questo documento (0 voti)
41 visualizzazioni12 pagine

Pil 1

pil project

Caricato da

nitinkumarpipal1
Copyright
© © All Rights Reserved
Per noi i diritti sui contenuti sono una cosa seria. Se sospetti che questo contenuto sia tuo, rivendicalo qui.
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APROJECT ON Development and evolution of legal aid. [Submitted as a partial fulfilment of the requirements for B.A. LL. B (HONS.) 5 Year Integrated Course] Session: 2022-2027 Submitted On: 30th Mareh,2024 Submitted by: Submitted to: Nitin Kumar Dr. Juhi pawa Semester- IV (Sec: B) Faculty: PIL Roll no: - 88 UNIVERSITY FIVE YEAR LAW COLL UNIVERSITY OF RAJASTHAN, JAIPUR DECLARATIO! 1, Nitin Kumar hereby declare that this project titled “Development and evolution of legal aid” is based on original research work carried out by me under the guidance and supervision of Dr. Jhuhi Pawa. The interpretation put forth is based on my reading and understanding of the original texts. The books, articles etc. We have been relied upon by me have been duly acknowledged at the respective places in the text. For the present project which I am submitting to the University, no degree and diploma has been conferred on me before, either in this or any other university Date: 30.03.2024 Nitin Kumar Roll no. 88 Semester: IV -B CERTIFICATE Dr. Juhi Pahwa Date: 30.03.2024 Faculty University Five Year Law College ‘This is to certify that Nitin Kumar of Semester IV section B of University Five Year Law College, University of Rajasthan has carried out the project entitled “Development and evolution of legal aid" under my supervision and guidance. It is an investigation report of a minor project. The student has completed research work in my stipulated time and according to the norms prescribed for the purpose. SIGNATURE ( Dr. Juhi pawa ) ACKNOWLEDGMENT I have written this project “Development and evolution of legal under the supervision of Dr. Juhi Pawa, Faculty, University Five Year Law College, University of Rajasthan, Jaipur. His Valuable suggestions herein have not only helped me immensely in making this work but also in developing an analytical approach this work. I found no words to express my sense of gratitude for to Dr. Akhil Kumar Director, Deputy-director Dr. Ghanshyam Bera and Deputy-director Dr. Sandeep Singh Rajput for constant encouragement at every step. 1am extremely grateful to the librarian and library staff of the college for the support and cooperation extended by them from time to time. SIGNATURE (Nitin Kumar ) TABLE OF CONTENTS *Title 1 * Declaration I * Certificate IIL + Acknowledgement IV. © Chaptert ssssssssssssssssesssnsnssssssssssssssssnnsssnneseececeessnesesses Introduction Origins of Legal Aid Key Milestones in the Development of Legal Aid Development of Legal Aid in Modern Times © Chapter3. Challenges and Criticisms Future Prospects and Innovations Conclusion © Bibliography .... Chapter Introduction Public Interest Litigation (PIL) represents a significant legal mechanism for promoting social justice, protecting human rights, and addressing systemic issues affecting society. PIL allows individuals and organizations to seek judicial intervention in matters of public concem, often on behalf of marginalized or disadvantaged groups. Legal aid is integral to PIL, ensuring that all individuals, regardless of their socioeconomic status, can access the justice system and effectively pursue their rights, This paper examines the evolution of legal aid within the realm of PIL, tracing its development, challenges, and potential for future advancement Origins of Legal The concept of legal aid traces back to ancient civilizations where rudimentary forms of legal assistance were provided to those unable to afford legal representation, In ancient Greece, for example, the practice of providing legal assistance to the poor was, evident in the institution of "symmories," where wealthy citizens funded litigation for the less privileged. Similarly, ancient Rome had a system of "advocates" who offered legal advice and representation to those in need, However, it wasn't until the Middle Ages that organized legal aid efforts began to take shape. In England, the roots of legal aid can be found in the establishment of the “assize of nisi prius" courts in the 12th century, where judges traveled to various regions to hear cases. These courts allowed individuals to present their grievances without the need for costly travel to Westminster. Additionally, guilds and religious institutions provided assistance to their members in legal matters, laying the groundwork for the provision of legal aid by non-governmental entities. Key Milestones in the Development of Legal Ai A. The Legal Aid Act of 1949 (United Kingdom): This landmark legislation established the modern legal aid system in the United Kingdom, providing state- funded legal assistance to individuals unable to afford representation. The Act aimed to ensure that justice was accessible to all, regardless of financial means B. Gideon v. Wainwright (1963): A pivotal moment in the evolution of legal aid in the United States, this Supreme Court case established the right to counsel for indigent defendants charged with serious crimes. The decision affirmed the principle that access to legal representation is essential for a fair trial C. The Legal Services Corporation (1974): In response to growing concerns about access to justice in the United States, Congress established the Legal Services Corporation (LSC) to provide funding and support for civil legal aid programs. The LSC plays a crucial role in expanding access to legal services for low-income individuals and underserved communities. D. Intemational Recognition of the Right to Legal Aid: The United Nations and other international organizations have recognized legal aid as a fundamental human right essential for the realization of justice and equality. Instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights emphasize the importance of ensuring access to legal assistance for al. Development of Legal Aid in Modern Times The modem concept of legal aid, as we understand it today, began to emerge in the 19th century amidst the backdrop of industrialization, urbanization, and social reform movements, The rise of mass poverty and inequality spurred calls for greater access to justice for the poor and marginalized segments of society. One of the earliest organized efforts to provide legal assistance to the indigent was the establishment of the Legal Aid Society in New York City in 1876, Founded by attomeys and philanthropists, the society aimed to ensure that "the law, as a shield, shall be held above the heads of the people." The late 19th and early 20th centuries witnessed the expansion of legal aid initiatives across Europe and North America, fueled by progressive legal reforms and a growing recognition of the importance of equal justice under the law. In the United Kingdom, the Legal Aid and Advice Act of 1949 represented a milestone in the provision of state-funded legal assistance to those unable to afford it. This landmark legislation laid the foundation for the modem legal aid system in Britain, establishing legal aid boards and granting financial assistance for legal representation and advice. Challenges and Criticisms Despite its noble aspirations, the legal aid system has faced numerous challenges and criticisms over the years. One of the primary concems is the issue of funding and resource constraints, which often limit the scope and quality of legal aid services available to the public. Budgetary constraints, coupled with increasing demand for legal assistance, have led to chronic underfunding of legal aid programs in many jurisdictions, resulting in long waiting times, limited eligibility criteria, and inadequate representation for vulnerable groups Another challenge is the perception of legal aid as a welfare benefit rather than a fundamental right, This stigma has contributed to the erosion of public support for legal aid and has led to calls for means-testing and austerity measures that further restrict access to justice for low-income individuals and marginalized communities. Additionally, concems have been raised about the quality and competence of legal aid lawyers, with some critics arguing that the low remuneration and heavy caseloads associated with legal aid work incentivize lawyers to prioritize quantity over quality Future Prospects and Innovations Despite these challenges, there is hope for the future of legal aid through innovation, collaboration, and advocacy. One promising trend is the use of technology to expand access to legal assistance and streamline service delivery. Online platforms, mobile applications, and virtual legal clinics have emerged as cost-effective tools for providing legal information, advice, and representation to underserved populations, particularly in remote or rural areas where traditional legal services may be scarce. Furthermore, there is growing recognition of the importance of holistic and preventative approaches to legal aid that address the underlying social determinants of legal problems, such as poverty, housing instability, and lack of access to healthcare. By integrating legal services with social services and community resources, holistic legal aid models seek to empower individuals to address the root causes of their legal issues and prevent future legal problems from arising, Conclusion In conclusion, the evolution of legal aid in PIL reflects a broader commitment to advancing social justice and protecting human rights. Despite challenges, legal aid has played a vital role in facilitating access to justice for marginalized communities and promoting accountability and transparency in governance. By building on past achievements and embracing innovative strategies, legal aid providers can continue to advance the cause of justice through PIL, ensuring that the voices of the most vulnerable are heard and respected in the halls of justice, https://nalsa.gov.in https://articles.manupatra.com https://www. probono-india in https://doj.gov.in legalserviceindia.com

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