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A presentation on the topic

LEGAL AID

PRESENTERS
Sarah Tamang
Susma Giri
CONTENT
Meaning
Definition
History
Purpose
Criteria
Condition in Nepal
Ways to make it effective
Meaning
Provision of assistance to people otherwise unable to afford
legal representation and access to the court system

Tool for accessing justice to those who can not afford legal
service on their own

Providing access to justice by ensuring equality before the law,


the right to counsel and the right to a fair trial.

A welfare provision by the state to people who can not afford


access to the legal system
According to Blacks Law dictionary
Free or inexpensive advice, assistance, or
representation concerning the law. Given to
those cannot afford it, based on jurisdictional
criteria. Often, the situation to be contested
needs a 50-50 percent chance of succeeding in
the court to be considered for legal aid.
HISTORY

Close relationship with the welfare state


Prior to the mid 20th Century literature on legal aid
emphasized collective enforcement of economic,
social and cultural rights
In the 20th Century the movement in favor of legal aid
has been top-down, driven by those members of the
legal profession who felt that it was their
responsibility to care for those on low income
Initially focused primarily on family law and divorce.
But later also touched economic, social and cultural
rights
Purpose

Helps to ensure welfare provisions to people, legal


advice and the courts.
Plays a strong role in ensuring respect for economic,
social and cultural rights
Leads to an emphasis on individual enforcement to
achieve the realization of rights for all
Provides individuals with access to justice, by
allowing the individual legal enforcement
Criteria
Legal aid is not allowed where
the party requesting the aid has alternative
funding options available to it,
the case is routed to small claims court,
corporate matters exist, or
concerned with administration of trusts,
inheritance and wills, and/or land ownership
Condition in Nepal
Institutionalization of legal aid initiated by Nepal Bar Association in 1980s

Then Supreme Court appointed two lawyers for the defense of clients from the
weaker section of the society.

Since 1970s Nepalese judicial system agreed to provide legal aid to poor,
marginalized and deprived people

Constitution of the kingdom of Nepal, 1990 had provided the right to consult and to
be defended by a lawyer as a fundamental right. It introduced legal aid for poor and
needy as state policy.

Presently legal aid is covered in all 75 districts since 2009

1997 Legal Aid Act was promulgated.

Legal Aid Rules, 1998 has been issued to regulate the procedures in providing legal
aid.
Interim constitution of Nepal, 2007
Organizations providing legal aids
Nepal Bar Association
Central and District Aid Committees
Civil societies
Ngo and Ingo's like:
Legal Aid and Consultancy Centre (LACC) working
for women
PPR Nepal providing legal aid to different types of
victims ( of torture, human trafficking, vulnerable
people, witch allegation )
But still
many accused persons are denied of access to
defense and a fair trial
unaware of legal aid provided by Court, Nepal Bar
Association (NBA), Central and District Legal Aid
Committees, Civil societies, NGO and INGOs.
They are not informed about their rights and
legal remedies. As a result they face:
long imprisonment, heavy fine, depression and
lack of self-confidence.
Ways to make it effective

reforming the administration of legal aid to target the


highest priority cases and those who need it most
encouraging the use of mediation to resolve disputes -
this can be cheaper, quicker and less acrimonious than
contested court proceedings
introducing price competition in criminal legal aid, to
ensure value for money and long-term sustainability
need of an overall assessment of the legal aid schemes
and the framework that is undertaking the operations
and envisioning more effective system that serves
broader interests of the deprived communities who are
considered to be the recipients of the service.
CONCLUSION
Legal aid can help us pay for legal advice,
mediation or representation in court if we
cant afford it.
This could include help for housing, debt,
family or education problems. You can also get
legal aid if were accused of a crime.
We cant use legal aid for most work
problems, unless weve been discriminated
against.
FOR YOUR
ACTIVE PARTICIPATION