Authored by
Vedhiikah. S, Law Student, 5th Year, BA.LL.B. (Hons.) The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law (Chennai)
ABSTRACT
In India, the issue of undertrials and the availability of legal aid has emerged as a critical aspect of the judicial system. Undertrials refer to individuals who are incarcerated while awaiting trial, often for extended periods, due to delays in the judicial process. This situation highlights a grave concern regarding the right to a fair and timely trial, a cornerstone of justice. According to the Indian Constitution and various Supreme Court rulings, every person is presumed innocent until proven guilty, yet undertrials often endure prolonged detention, violating their fundamental rights.
The lack of adequate legal aid exacerbates this issue, as many undertrials are unable to afford proper legal representation. While India’s legal framework provides for free legal aid under Article 39A of the Constitution and the Legal Services Authorities Act, 1987, its implementation remains inconsistent, especially for marginalized communities. This gap in legal access perpetuates inequalities, further hindering the delivery of justice.
In recent years, there has been growing concern that justice has become commodified in India. The increasing privatization of legal services, alongside the rising cost of litigation, has created an environment where the wealthy have greater access to legal remedies, while the poor remain trapped in a system that often disregards their rights. This trend undermines the foundational principle of equal justice for all, with legal representation increasingly seen as a product that requires financial resources rather than a fundamental right. Consequently, marginalized individuals, particularly undertrials, face systemic challenges in accessing justice, contributing to the growing divide between the affluent and disadvantaged in India’s legal system.
KEYWORDS
Legal Aid, Commodification, Discrimination, Humanitarian Laws, Fair Trial.
About Author
