Law Essay-法律援助的历史 [4]
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关键词:Legal AidRushcliffe委员会Bombay Legal Aid Society
摘要:本文是留学生法律专业essay范文,讨论法律援助的历史发展及有关规定。最早的法律援助始于1949年的法国,国家为穷人提供法律服务,确保国家能够给需要的人提供相同的法律建议,随后这些法律文件报告引起了印度政府的注意,并逐渐实施。
he report also encourages payment of compensation to victims in criminal cases. Family courts should be established for women and children with women judges this is specially required in slum areas and rural villages. Public defence council should be appointed in children's court.
In backward areas, legal advice bureau should be established in each development block. The report encourages the involvement of law students in legal aid schemes particularly for preventive legal services. Public law service should be an alternative available as against the private bar and legal services authority should fix the fees payable to the lawyer.
There was unanimous decision of the Committee that the State should regard it as an obligation to provide legal assistance to the poor and indigent. It stated that this obligation of the State was not merely, socio-economic or political but is also constitutional by reason of Articles 14 [18] and 22(1) [19] .
Further the report stated that the legislation and rules so made by the government should not be another piece of legislation made with the reference of any foreign legislation as there is a marked difference between socio-economic conditions prevailing in advanced countries and those prevailing in developing countries like India.
It also emphasized on having legal aid programmes and that the organization for effectuating the legal service programme must be responsive to the poor in giving legal service and must not be mechanical and wooden in its approach. Even after, such a programme is introduced there must be a continuous examination of its utility and its responsiveness to the poor.
The two judges joined forces as a two-member committee on juridicare, released its final report entitled 'Report on National Juridicare: equal justice- social justice, 1977' hereinafter, referred to as the 1977 report [20] . The report while emphasising the need for a new philosophy of legal service programme cautioned that it 'must be framed in the light of socio-economic conditions prevailing in the Country'. It further noted that 'the traditional legal service programme which is essentially Court or litigation oriented, cannot meet the specific needs and the peculiar problems of the poor in our country'. The report also included draft legislation for legal services and referred to Social Action Litigation.
It recognises the fact that much of our law was created by the British to suit their convenience and as a result of this it is mostly insensitive to the socio-economic problems of the masses it set out to govern and regulate. This report [21] also made an effort to classify those categories of persons who are most in need of legal aid are as follows-Â
Those persons belonging to the Scheduled Castes or Scheduled Tribes
Those persons who either by reason of being inhabitants of backward areas or who are so geographically placed that their voice cannot reach the Courts of justice
The poor in general
The workman and the peasantry class who toil and labour to earn rewards for their hard work of which they are often deprived.
Those soldiers and armed forces personnel
Women and children who are deprived social justice on grounds of biological infirmity.
Untouchables or those who are referred to as Harijans and who even
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