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Whatever standards a man chooses to set for himself, be it religious, moral, social or purely rational in origin, it is the law that prescribes and governs his rights and duties towards the other members of the community. This somewhat arbitrary collection of principles he has very largely to take as he finds and in the modern society it tends to be so diverse and complex that the help of an expert is often essential not merely to enforce or defend legal rights but to recognize, identify and define them.
In India, many efforts have been made in this direction, for example, the introduction of Lok Adalat’s. According to various articles of the Indian constitution, even the person who is accused gets the right to prove his innocence and to ask for legal aid if he is not able to afford it. For legal advice, people have to consult lawyers so that they can seek help from them.
We live in a nation where the majority of the population comprises of downtrodden and poor. Poor people on account of lack of legal awareness are often deprived of their rights and are unable to avail of the legal services to which they are lawfully entitled to, under the Law. Justice is equal for all and equality is one of the pillars of Constitutional on which every fundamental right of Indian citizens stands. Every citizen of the country must be aware of their rights and duties and law helps the people to overcome their problems and therefore, the law has provided many acts, provisions, for instance.
The Right to a Fair Trial
It's actually impossible to overstate how important the right to a fair trial is. Honestly, fair trials are the only way to prevent miscarriages of justice and are an essential part of a just society. Every person accused of a crime should have their guilt or innocence determined by a fair and effective legal process. But it’s not just about protecting suspects and defendants. It also makes societies safer and stronger. Without fair trials, victims can have no confidence that justice will be done. Without fair trials, trust in government and the rule of law collapses.
“Justice must not only be done; it must also be seen to be done”. This is one reason why, except in rare cases, people are entitled to a public hearing. Open Justice enables the public to see how justice is administered and by subjecting it to public and press scrutiny, safeguards the fairness of the trial. Open Justice requires people to be informed of the reasons for their arrest and any pretrial detention (to safeguard Liberty). They must also be given information on their rights as a suspect. Without this information, conveyed in a language the person understands, rights that exist in law are illusory in practice.
The Protection of Women from Domestic Violence Act, 2005
The bill was passed by the NDA government in 2002 in the Lok Sabha and The Protection of Women from Domestic Violence Act came into being on 13th September 2005. This Act, with 37 Sections and 5 chapters, was lauded as an essential change in the kind of legal protection provided to women by the law. The act showcases that changing trends in the society are not left unnoticed by the government and recognizes the relationships ‘in the nature of marriage’. The other important feature of the act is the provision for a Protection Officer ‘PO’. In India, women generally stay away from the police and the courts, owing to their own families not encouraging them to raise their voices against their in-laws. For the act to be successful, a PO is provided so as to aid the victim with legal procedures and support, including medical assistance and counselling. The aggrieved person can complain to the PO in event of further incidences after which the PO prepares a Domestic Incident Report on the basis of which necessary action is taken. Protection Orders are granted under Section 18 of the Act, which can direct the respondents from not committing any further acts of violence against the complainant or entering into premises where the complainant resides or works. Under the Act, domestic violence includes verbal, emotional, sexual, economic, and physical abuse and compensation is provided for all kinds of violence.
Insolvency and Bankruptcy Code, 2016;
The Sick Industrial Companies Act, 1985;
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002;
The Recovery of Debt Due to Banks and Financial Institutions Act, 1993 and;
Companies Act, 2013.
Broadly, these statutes provided for a disparate process of debt restructuring, and asset seizure and realization in order to facilitate the satisfaction of outstanding debts. As is evident, a plethora of legislation dealing with insolvency and liquidation led to immense confusion in the legal system, and there was a grave necessity to overhaul the insolvency regime. The Bankruptcy Code is an effort at a comprehensive reform of the fragmented regime of corporate insolvency framework, in order to allow credit to flow more freely in India and instilling faith in investors for speedy disposal of their claims. The Code consolidates existing laws relating to insolvency of corporate entities and individuals into a single legislation.
Law does not differentiate between rich and poor, hence keeping the Constitutional objective of social justice in view the Legislature in 1987 enacted the Legal Services AuthoritiesAct,1987.
Thus, the provisions of the Legal Services Authorities Act and the Constitutional rights form the statutory framework for providing free legal services and legal aid to the poor and downtrodden. The preamble of the Indian Constitution aims to secure to the people of India justice – socio-economic and political. Article 38 and 39A of the Indian constitution are notable. Article 38(1) states- the State shall promote the welfare of the people by securing and protecting the social order including justice and Article 39-A of the constitution states that the state shall, in particular, provide free legal aid, and to ensure that opportunities for securing justice are not denied to any citizen.