How Do Poor People Get Justice?

By Kanak, Guru Jambheshwar University of Science and Technology, Hisar, Haryana

Introduction: When Justice Becomes Expensive

Can a person receive justice if they cannot afford a lawyer? In India, the answer should be yes. The Constitution promises equality before the law, and the legal system provides mechanisms such as free legal aid and Lok Adalats to help people who face financial barriers. However, many people still struggle to understand their rights, find legal assistance and navigate court proceedings. For a poor person, the cost of justice may involve much more than a lawyer’s fee. Travel to court, loss of daily wages, paperwork and repeated hearings can make pursuing a case difficult. The real challenge, therefore, is not only to provide legal rights on paper but also to make those rights accessible in practice.

The Real Cost of Seeking Justice

Legal disputes can arise in anyone’s life. A worker may not receive wages, a tenant may face an unlawful eviction, a woman may experience domestic violence, or a family may become involved in a property dispute. People with sufficient resources may be able to hire a lawyer and pursue their cases, but financially disadvantaged people may have to choose between seeking justice and meeting their daily needs.

Some people avoid approaching the authorities because they fear legal expenses. Others do not know which office to visit or which documents they need. Complicated legal language can make the process even more difficult for someone unfamiliar with the justice system. These barriers can discourage people from asserting their rights. When access to justice depends heavily on a person’s ability to pay, the principle of equality before the law becomes difficult to realise.

The Constitutional Promise of Equal Justice

The Indian Constitution provides an important foundation for access to justice. Article 14 guarantees equality before the law and equal protection of the laws. Article 21 protects life and personal liberty, subject to the procedure established by law. Access to legal remedies and fair procedures is important to the effective protection of these rights. Most directly, Article 39A directs the State to ensure that the legal system promotes justice on the basis of equal opportunity and to provide free legal aid through suitable legislation, schemes or other means so that economic or other disabilities do not prevent people from securing justice.[1]

These constitutional provisions establish an important principle: financial hardship should not, by itself, become a barrier that prevents a person from seeking legal protection. However, a constitutional promise must be supported by practical arrangements. People need to know where legal aid is available, who qualifies for it and how to apply.

Free Legal Aid: Help for Those Who Qualify

The Legal Services Authorities Act, 1987 provides a framework for free legal services through legal services institutions at national, state, district and local levels.[2] Under Section 12 of the Act, specified categories of people are eligible to seek legal services, subject to the applicable legal requirements. These include members of Scheduled Castes and Scheduled Tribes, women, children, persons with disabilities, victims of trafficking and certain forms of exploitation, industrial workmen, eligible people in custody, and people whose annual income falls below the prescribed limit. Other categories may also qualify under applicable state rules.

This distinction is important: not every person who describes themselves as poor automatically qualifies under the same income rule. Eligibility depends on the applicable statutory category and the relevant rules. Section 13 also requires the concerned legal services institution to be satisfied that the person has a genuine case to pursue or defend.[2]

Free legal services can include assistance from an advocate, legal advice, preparation of legal documents and other expenses connected with proceedings where applicable. These services can help eligible people understand their options and present their cases without bearing the usual cost of private legal representation.[3] People seeking assistance can approach the appropriate District Legal Services Authority (DLSA) at the district court, a Taluk Legal Services Committee, or the relevant State Legal Services Authority. They can also consult the National Legal Services Authority (NALSA) website to understand the application process. Awareness is essential. A service can make a real difference only when people know it exists and understand how to access it.

For a step-by-step explanation of eligibility and how to apply, see our guide on free legal aid in India and the NALSA helpline.

Lok Adalats: An Alternative Route to Settlement

Another mechanism that may help people resolve certain disputes is the Lok Adalat. Organised under the Legal Services Authorities Act, 1987, Lok Adalats provide a forum for amicable settlement of eligible disputes at the pre-litigation stage or when cases are pending before a court.[4] They commonly deal with suitable civil disputes and compoundable criminal cases. Matters involving offences that cannot legally be compounded cannot be settled through an ordinary Lok Adalat.

The process depends on settlement between the parties, and its members must not pressure or force anyone to compromise. A regular Lok Adalat does not decide a dispute on its merits when the parties fail to reach a settlement. In such a situation, the matter may proceed through the appropriate legal route. Under Section 21 of the Act, a Lok Adalat award is treated as a decree of a civil court and is final and binding on the parties, with no ordinary appeal against it.[2][4] Therefore, people should understand the proposed settlement and its consequences before agreeing to it. Lok Adalats can offer a useful way to resolve suitable disputes, but they are not a substitute for a full court hearing in every case.

Why Do Barriers to Justice Remain?

Despite these mechanisms, several practical problems continue to affect access to justice.

• Lack of awareness. People may not know that free legal aid is available or that they can approach a legal services authority for help. Some may assume that every legal service requires payment.
• Difficult procedures. Legal documents, formal language and unfamiliar court processes can discourage people who have little experience with the system.
• Cost in time and income. Even when legal representation is free, transport expenses, time away from work and repeated court visits can create hardship.
• Quality and accessibility of assistance. Providing a lawyer is important, but people also need to understand their cases, communicate their concerns and receive appropriate guidance.
• Social and economic inequality. A person who does not know their rights may find it especially difficult to challenge unfair treatment or feel confident approaching public institutions.

These difficulties show why access to justice requires more than the existence of laws. It also requires effective implementation, awareness and support for the people who need it most.

How Can Access to Justice Be Improved?

Several practical steps could make the system more accessible.

• Legal awareness programmes should reach villages, schools, colleges and low-income communities. Information about legal aid should be explained in simple language and made available through reliable local channels.
• Legal services authorities should make application procedures clear and accessible. People should be able to understand the eligibility requirements, the documents needed and the stages of the process without unnecessary confusion.
• Legal aid should be accompanied by clear communication. Applicants need to know how their cases are progressing and what is expected of them.
• Technology can help people find information, access official resources and explore available services. However, online systems should complement, and not replace, accessible assistance for people who lack smartphones, internet access or digital literacy.
• Law students and educational institutions can contribute through supervised legal awareness activities, community outreach and support programmes organised with appropriate legal services institutions. Such efforts can help people learn about their rights and identify the proper channels for assistance.

Conclusion: Justice Must Reach Everyone

The ability to seek justice should not depend solely on a person’s financial position. India’s Constitution, the Legal Services Authorities Act, 1987, free legal aid institutions and Lok Adalats provide important mechanisms for reducing barriers to justice. Yet their effectiveness depends on public awareness, accessible procedures and meaningful support.

The central question is not simply whether legal rights exist, but whether people can realistically exercise them when they need protection. A fair justice system must be understandable and accessible to ordinary people, including those who cannot afford private legal representation. When people know their rights and can reach the institutions designed to protect them, the promise of equality before the law becomes more meaningful. Justice should not be a privilege reserved for those who can afford it. It must remain a right that people can realistically seek, regardless of their financial circumstances.

References

• [1] The Constitution of India, Articles 14, 21 and 39A.
• [2] The Legal Services Authorities Act, 1987, Sections 12, 13 and 21.
• [3] National Legal Services Authority (NALSA), official information on legal aid and legal services.
• [4] National Legal Services Authority (NALSA), official information on Lok Adalats.

About the author: Kanak is a first-year B.A. LL.B. student at Guru Jambheshwar University of Science and Technology, Hisar, Haryana.