Law Essay-法律援助的历史 [5]
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论文字数:4654论文编号:org201509252017309851语种:英语 English地区:中国价格:免费论文
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。
after abolition of Untouchability under Article 17 of the Indian Constitution are shunned by the Administrative class on the ground of their unacceptance in the community.
One of the purpose for setting up the committee was that 'the central government is of the view that an adequate and vigorous legal service program is necessary to be establish in all the states in the country on a uniform basis'. The terms of reference of the Juridicare committee included making 'recommendations for the establishing and operating comprehensive and a dynamic legal service program for effective implementations of the socio economic measures taken or to be taken by the government including formulation of scheme (s) for legal services.'
The 1977 report focused on the infrastructure of the legal services of the organization and clearly stated that it was not to be a department of the government but an autonomous institution headed by the Judge of the Supreme Court. The body would have representations from Bar Associations, the Government, the Parliament and the judiciary as well as voluntary associations and social workers and that there would be a multi tier set up for the legal aid organization.
The 1977 report was an amalgamation of the 1971 Gujarat report and the 1973 report but absence of certain aspects of the legal services was noticeable. For instance, both the 1971 Report and the 1973 report dealt with the issues arising from the criminal justice separately. Hence it may be stated that except saying that it was continuation of the earlier reports, the 1977 Report made no reference to these aspects.
The continuation with the earlier reports was also evident in the reiteration by the 1977 Report of the failures of the traditional legal services programme. The goals of the preventive legal services programme, advocated forcefully by the 1971 Report were recapuliated in this report, it stated that while the endeavor would be to launch a frontal attack on the problem of the poverty, the legal service programme would have to be directed towards providing representation to 'groups of social and economic protest'and 'must encourage group oriented and institution directed approach to the problem of poverty'.
The other goals that were reiterated were: the programme 'should not identify lawyers with the law but should even pose them against law, wherever law is the reflection of an unjust social order', it had to recognize the inter relatedness of social, legal, educational and psychological problems which beset the poor; the content of the legal services programme was to include spreading of awareness amongst the poor about their rights, tackling the class problems of the poor, initiating socio-legal research into the problems with a view to bringing about reform in law and administration and helping different groups of the poor to organize themselves. [22]
The 1977 report envisaged several modes of delivery of legal services. The primary mode would be the providing of legal advice through various legal aid offices having both salaried lawyers and assigned lawyers. A whole Chapter was devoted to PIL: and legal aid. It was suggested that the Advocates Act, 1961 be amended to recognize and permit provision of legal aid by law teachers and students. The report clearly stated that the funding of the legal aid programme was the state responsibility and for thi
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