National Legal Services Authority, India (NALSA) together with the International Legal Foundation (ILF), the UNDP, and UNICEF is hosting the first regional conference on Access to Legal Aid, the Theme being “Strengthening Access to Justice in the Global South”. The conference’s main goal is to highlight the efforts of the countries of the Global South to implement the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems and to promote the Agenda for Sustainable Development Goals 2030. The event is organised under aiges of NALSA under strong leadership of Ms Santosh Snehi Mann, Member Secretary.
The Hon’ble Vice President Jagdeep Dhankar, graced the inaugural ceremony of the 1st Regional Conference on Access to Legal Aid, and the ceremony was presided by Hon’ble Chief Justice of India and Patron-in-Chief, NALSA, Dr. Dhananjaya Y. Chandrachud. The dais was also graced by the presence of Hon’ble Mr. Justice Sanjay Kishan Kaul, Judge Supreme Court of India and Executive Chairman, NALSA, Hon’ble Mr. Justice Sanjeev Khanna, Judge Supreme Court of India and Chairman, SCLSC, Shri Arjun Ram Meghwal, Minister of State and Ministry of Law and Justice, Shri R. Venkataramani, Attorney General of India, and Shri Amitabh Kant, India’s G20 Sherpa and former CEO, NITI Aayog.
The inaugural ceremony started by singing the National Anthem followed by Hon’ble Mr. Justice Sanjay Kishan Kaul’s address. Justice Kaul begins the address by mentioning that it was his privilege to work with NALSA in the capacity of Executive Chairman for over a year. The focus of this event is on the specific goal of ensuring access to quality legal aid services in the countries of the global south. He said, “this conference is truly unique and innovative in its nature, this is the very first of its kind, initiating and facilitating partnerships at the regional level to enable discussion on progress, challenge and exchange of good practices.” HMJ Kaul emphasized on a common ambition, i.e. formulating a concrete action plan for the legal aid challenge. He concluded by saying that we should be guided by a common vision where justice is not a privilege but a right.
The second address was from Mr. Shombi Sharp, UN Resident Coordinator in India. He narrated an incident of a woman isolated with an abusive partner during lockdown, and how she found shelter in a women empowerment club, where she was offered clothes, shelter and legal aid. This was a part of UN Women support project. He emphasized on how such conferences play a crucial role in advancing the need for access to justice for the poor and marginalized, and how this conference will be the voice of Global South.
Mr. Amitabh Kant started his address by saying, “affordable and efficient access for justice for every Indian is not a choice, it a vital necessity. With vast number of pending cases in the global south, it is also one that needs innovative and cutting edge solutions to facilitate more affordable, expeditious, efficient and scale-able solution at a population scale.” He went on mentioning the G20 presidency of India and the inclusion of African Union in G-20. He emphasized on the importance of technology, and how it can facilitate justice delivery process. He talked about the landmark mediation act of 2023 which ease the process of solving the dispute pre-litigation; thereby helping in bringing down the pendency of cases.
Attorney General R Venkataramani commenced his address by citing the task force on justice report and justice for all, which found that “5.1 billion across the globe today people today lack meaningful access to justice. It is also estimated that roughly 4 billion people live outside the protection of law.” He condemned the practice of treating the legal aid as a step child. He emphasized that participation in legal services should be considered a proud ethical act. He concluded his address by saying that government should set up legal services watch to keep a track on the services rendered by an advocate in the matter.
Shri Arjun Ram Meghwal emphasized upon the importance of establishment and maintenance of an efficient and accessible justice delivery system. He continued, to achieve this investing in the necessary infrastructure of courts, legal aid services, alternative dispute resolution mechanism. Access to justice face a huge barrier due to lack of funds, the directly affected people are the marginalized communities and poor. To tackle this, investing in legal infrastructure is paramount, with close focus on global south.
Hon’ble Mr. Justice Sanjeev Khanna gave the overview of the conference. . He started by informing that, “it is the first time that the heads of the Judiciary, heads of Law and Justice Ministries, heads of legal aid bodies and civil society and representatives of seventy countries of global south are coming together at an international platform to dedicated to the cause of legal aid.” He lauded the work of ILF ad UNICEF, he referred to the Sustainable Development Goal Number16 refers to peace, justice and strong institution, under which the indicator for accessibility to and affordability to justice is present.
Hon’ble Chief Justice delivered the keynote address. He begins his address by saying, “the concept of justice has historically been construed as applicable solely within the confines of a sovereign state. Given the intricate web of transnational relationships in the present age, our conceptions of justice has also changed.” Talking about access to justice, he stated the ‘Pubilc Interest Instruments’ alllowed the citizens to approach the Supreme Court back in 1980s, this resulted in Supreme Court being regarded as the Court of the people. He further gave few examples how on the appellate side, the Court upholds the right to access to justice. Listing the initiatives taken by the Supreme Court in the past 12 months to increase the access of the litigants to the Court, the first step being necessary changes in the physical infrastructure. He mentioned the introduction of 9 gender neutral restrooms, appointment of a sign language interpreter to assist a member of the bar, the column of ‘preferred pronoun’ in the listing proforma. He concluded his keynote address by saying, “conference would be productive not in generating a productive dialogue but also for us to arrive at principles and recommendations which can serve as useful tools for achieving a long term objectives.”
Hon’ble Vice President of India delivered the inaugural address. He lauded the the Hon’ble Chief Justice, and remarked that he is in ‘mission mode’ to secure legal aid for the poor and the marginalized communities. He continued, the Chief Justice has taken numerous affirmative steps to promote access to legal aid and provide easy access to the justice system. The inclusion of technology by the Chief Justice has brought the Court to the people. He said, “today we stand at a critical juncture in the pursuit of justice and justice for all. Undoubtedly the access to legal aid and justice system is quintessential to nurturing and blossoming of fundamental human values and fostering equitable societies.” The declaration in the preamble “WE THE PEOPLE”, reflects the essence and spirit of an inclusive document. He concluded by congratulating the Chief Justice for bringing about change in the mindset of the litigants, game-changing policies and making the Court virtually available to everyone in the country.
Following the inaugural ceremony, the first session was scheduled on ‘Plenary on Meeting the Need for Legal Aid: Status of the Realization of the Right to Legal Aid in the Global South’, the session was chaired by Hon’ble Mr. Justice Sanjeev Khanna, Judge Supreme Court of India and Chairman, SCLSC, and it was co-chaired by Hon’ble Mr. Justice B.R. Gavai, Judge Supreme Court of India. The session was moderated by Ms. Jennifer Smith, Executive Director, The International Legal Foundation (ILF). The distinguished speakers were Ms. Swati Mehta, Program Director, Justice for All, Pathfinders, Ms. Elizabeth Anderson, Executive Director, World Justice Project, Ms. Seema Joshi, Criminal Justice Expert, United Nations Office on Drugs and Crime (UNODC), Regional Office for South Asia, and Ms. Hanifa Ramadhan Said, Director of Legal Aid, Tanzania. The discussion explored why access to legal aid is important. Access to legal aid not promotes SDG-16, but also upholds the rule of law, and instills confidence in the people regarding legal justice system.
The second session of the day was on ‘Effective Models for, and the Benefit of Providing more Holistic, People-Centred Legal Aid Services’, the session was moderated by Ms. Swati Mehta, Program Director, Justice for All, Pathfinders. The distinguished speakers were Hon’ble Mr. Justice Rajiv Shakdher, Judge, High Court of Delhi & Member, Advisory-cum-Consultative Panel, NALSA, India, Ms. Mythri Jayaraman, Legal Advocacy Advisor, ILF, Ms. Miriam Wachira, Country Director, Justice Defenders, Kenya, Mr. Priyantha Gamage, Commissioner, Sri Lanka Legal Aid Commission. The discussion dealt with the importance of NALSA in India, talking to the client and then proceeding with a case. Sharing of experience how inmates were given training to represent themselves in the Court. The sessions was followed by Question and Answer rounds.
The third and final session of the day was on “Strategies for Reducing Pretrial Detention, including through the Provision of Early and Effective Access to Legal Aid Services”, the session was moderated by Ms. Madhurima Dhanuka, Consultant, NALSA, India. The distinguished speakers were Mr. Tamsir B. Jallow, Legal Officer, National Agency for Legal Aid, The Gambia, Mr. Aliyu Bagudu Abubakar, Director General, Legal Aid Council, Nigeria, Ms. Sabrina Mahtani, Co-Founder, Women Beyond Walls, and Ms. Holly Hobart, Senior Program Director, ILF. The discussion lasting about 50 minutes touched upon the importance of getting cases related to preventive detention quickly, thereby having more time to prepare, importance of having quality legal aid.
The Conference has culminated into three very impactful outcome documents including the ‘New Delhi Principles on the Role of Judiciary in Ensuring Equal Access to Justice for All in the Global South’ signed by the Chief Justices and Judges of 16 Countries. It has set the tone for a holistic growth and strengthening of legal aid systems across the Global South and has paved the way of South-South co-operation on this matter. The ambitious vision was realised with the support of the Government of India and the collaborative efforts of ILF, UNDP and UNICEF. An illustrious beginning has been made and a lot remains to be done for translating the Conference outcomes into concrete actions by all stakeholders.” says Ms Santosh Snehi Mann, Member Secretary.
National Legal Services Authority, India (NALSA) together with the International Legal Foundation (ILF), the UNDP, and UNICEF hosted the first regional conference on Access to Legal Aid, the Theme being “Strengthening Access to Justice in the Global South” on 27th and 28th of November. The conference’s main goal is to highlight the efforts of the countries of the Global South to implement the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems and to promote the Agenda for Sustainable Development Goals 2030.
The Hon’ble President Smt. Droupadi Murmu, graced the valedictory ceremony of the 1st Regional Conference on Access to Legal Aid, and the ceremony was presided by Hon’ble Chief Justice of India and Patron-in-Chief, NALSA, Dr. Dhananjaya Y. Chandrachud. The dais was also graced by the presence of Hon’ble Mr. Justice Sanjay Kishan Kaul, Judge Supreme Court of India and Executive Chairman, NALSA, Hon’ble Mr. Justice Sanjeev Khanna, Judge Supreme Court of India and Chairman, SCLSC, Shri Arjun Ram Meghwal, Minister of State and Ministry of Law and Justice,, Independent Charge, Ms. Jennifer Smith, Executive Director, International Legal Foundation.
The valedictory ceremony started by singing the National Anthem followed by Hon’ble Mr. Justice Sanjay Kishan Kaul’s address. He thanked the Hon’ble President for enriching the conference with her presence, he also thanked NALSA who organized the conference with the support of UNICEF, UNDP and ILF. “I must confess that this conference also at a very significant moment for me personally as my association with NALSA is about to come to an end. However, I am proud of what we have been able to build and achieve.” Justice being a comprehensive and total concept, a factor effecting our everyday life, this conference engaged multiple stake holder, the Chief Justices and Ministerial Conference being an example. He said, the use of technology will be a defining factor in access to legal aid, virtual hearings being one example. He concluded by saying, “that we will reach a collective stage where justice does not remain a luxury for even a single person.”
Ms. Jennifer Smith started her address by thanking NALSA, Ms. Santosh Snehi Mann and her team for their enormous vision and belief in this conference. She also thanked the Government of India, UNDP and UNICEF for their constant support to make the conference a success. The conference helped in highlighting the challenges access to legal aid programs faces, solutions and best practices, the way forward, but most importantly the conference helped in exchanging ideas regarding access to legal aid.
VALEDICTORY SESSION
Shri Arjun Ram Meghwal addressing the gathering in Hindi, thanked the Hon’ble President for gracing the event with her presence, the Hon’ble Judges of the Supreme Court, and the other distinguished guest. He shared his experience of the Ministerial Conference on Day 1, where every minister wanted to speak and share their experience. He was extremely proud in telling that conference was held within 10 days of the second voice of Global South summit which was held virtually. He also said, that he is very happy that the Hon’ble Supreme Court has started translating the judgments in regional languages. Other nations also desired this exercise of translating judgments in regional language, and they would also implement this in their own countries.
Hon’ble Mr. Justice Sanjeev Khanna, gave a brief summary of the Conference. The inaugural ceremony set the tone for the conference, and why is it so important to have discussions on access to legal aid in the global south. The Chief Justices round table saw the participation of Senior judges of 15 countries, where they discussed the similarities of their legal system with respect to access to legal aid. The Ministerial round table was focused on the shared economic growth. He said, “ the rule of law is not just a legal doctrine but an essential underpinning of economic activity and shared economic growth.” Importance of data in transformative decision making power, the importance of using technology and empirical evidence in policy formation to track progress and address gaps in justice system were highlighted. This can be used to measure the quality and accessibility of legal aid.
Hon’ble Chief Justice of India delivered the keynote address. He began his address by extending his gratitude to NALSA, ILF, UNICEF and UNDP for organizing a successful, productive and insightful conference. He said, “this momentous occasion reflects the collective commitments of the nations in Global South to address critical challenges surrounding legal aid and justice.” The conference has served as an important cross fertilizer of different legal traditions, legal doctrines, and unique administrative measures in different nations. He said the Supreme Courts of India, South Africa, Sri Lanka, Bangladesh and Kenya engages in a ‘trans-judicial communication’. He pointed out how the Courts in Global South have cited Indian judgments to further expand the scope of their constitution. The case of Keshvananda Bharti, dissenting opinion in Aadhaar case being few examples. The Sri Lankan Supreme Court referring to as many as 20 Indian cases on Article 14 to discuss the equality of opportunity in university admissions. Even the Supreme Court of India discussed the horizontal benefits relying upon South African Jurisprudence. He concluded by saying “as we draw curtain to this conference, the commitments made, principles endorsed, and innovative strategies deliberated upon signal a positive trajectory to a more inclusive and responsive legal landscape in the Global South.”
Hon’ble President of India delivered the valedictory address. She started her address by saying, “I believe that making legal aid accessible to people in need is a cornerstone on any modern state. It plays a crucial role in shaping the social order, which is equitable, just and worthy of trust.” With the participation of around 70 nations in Global South, this event is a significant milestone in the collective pursuit of justice and equality. This is the first time the leaders of the two pillar of democracy, the legislature and judiciary, came together to deliberate upon this important subject. The quality and effectiveness of the legal aid services is very important and there is always room for more things to be done. She said, it is the poor and marginalized who faces problem in accessing justice. She emphasized on the need to launch an awareness campaign in rural areas and for disadvantaged group. This should be done to not only make them aware of their rights but to make them know that legal aid gives them an advantage. She also emphasized upon the inclusion of technology in justice delivery system, making it more inclusive and accessible. She concluded by saying that we should this platform to improve access to legal aid for all. She thanked and wished success to all participants for facilitating this conference.
Message from Justice Sanjay Kishal Kaul
The whole concept of a NALSA International event, according to my thought process, is one area where India is a leader. I don’t think any country leaves footprints for the marginalized section at this level. We have this variety of support systems. Legal aid to us does not mean only giving support to people charged with crimes; it is something more than that. It is a perfect trail of assistants, paralegals, and other people. We should start from the ground level. I always call the paralegals our army. These are the ones who are looking out for the smaller things.
From ration cards to small family problems that we try to sort out, in a way, it’s preventive in character. NALSA also aims to increase the level of providing assistance, which we call mediation – in family problems and many other areas. Of course, it doesn’t take away from the focus of existing people who are genuinely interested so that we keep experimenting, provided that’s a great challenge. In India, somehow, we seem to have more people who are détenues, individuals not yet convicted; it is important for them to afford legal aid. If you study people who are still in custody after a long number of years, you can address it by helping the person understand how they can seek redressal, such as an appeal. We have come across cases where bail has been granted by the court, and the prisoner is not released. We have come across thousands and thousands of people like this.
Technology is a tool that can be used to tackle this problem. Software could be installed, and please run it. The details could be fed in, and a pop-up should come when someone’s bail has been notified, and then legal and paralegals can help. It is about the small changes. It’s an ongoing process. Overall, you need to equip the state, police station, NALSA, and the government so that they could tackle it. Ultimately, it is an investigational procedure to raise the bar and have a better system; we cannot have a system whereby the real punishment is only detaining a person during a trial. That itself cannot be the punishment.
We have something in common with African states, which is the strength they have to deal with issues like legal aid. We are focused on the countries that are leaving these footprints and also on becoming a country like this. There have been some misconceptions about it, but some countries have come up with ideas that exist in the country which could have never been thought of.
It is important to have dialogues during these difficult times, raising specific issues about political areas. Anything by which countries can cooperate and build more confidence with each other is important. The vice president of the seminar and three other people who spoke that day talked about the importance of cooperation. During the final address, President Hilary, who has been down to earth in the public, spoke about earlier Law Day seminars, etc.
I am hoping that in the future, more confidence is built having a proper mechanism of communications in a shorter period of time that is virtually. Conferences can be scheduled periodically. Managing such a large population is a big issue in a short period of time. Personally, I have been satisfied by whatever we have been able to do, and there is more that we can do.
*The Report has been prepared by Mohd Talha Hasan, Student Ambassador from JMI and Vedika Kakar, Student ambassador from Jindal Global.
