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Right to Legal AID is a Basic Human Right

By Hon’ble Justice Jitendra N. Bhatt

Published In

AIR 2007

Legal aid as human right is implicit in Articles 7, 8 and 10 of the Universal Declaration of Human Rights. It is also clearly provided in Clause (3) of Art. 14 of the International Covenant on Civil and Political Rights. Even in Art. 6(3)(6) of the European Convention of Human Rights and Art. 8(2)(E) of the American Convention of Human Rights, legal aid is prescribed as a fundamental right. It is rightly said by learned Hand that the important commandant for the human right is “Thou shall not ration justice”. Right to counsel is also provided by 6th amendment of the Constitution of U. S. Lord Denning has aptly observed that “since the Second World War, the greatest revolution in the law has been the system of legal aid. It means that in many cases, the lawyer’s fees and expenses are paid for by the State and not by the party concerned”. The innocent and unassisted persons, obviously, would be at a great disadvantage to fight a legal batt ....

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