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Reconceptualizing Legal Aid as a Fundamental Human Right: A Transformative Justice Approach in India

Author(s) Niharika Jorwal
Country India
Abstract Access to justice is a cornerstone of the rule of law and democratic governance. However, structural inequalities such as poverty, caste hierarchies, gender discrimination, and lack of legal awareness continue to prevent marginalized communities from effectively accessing the justice system. Legal aid therefore functions as a critical mechanism that bridges the gap between formal legal rights and their practical enforcement. This article examines the evolving concept of legal aid from a welfare-oriented service to a rights-based framework grounded in constitutional and human rights principles. It analyses the legal and institutional framework governing legal aid in India, particularly the role of the Legal Services Authorities Act, 1987 and Article 39-A of the Constitution, alongside judicial interpretations recognizing legal aid as an essential component of the right to life and fair trial. The study also engages with international human rights instruments that emphasize access to legal representation as an integral element of justice. By adopting the lens of transformative justice, the article argues that legal aid must move beyond procedural assistance and function as a tool for social empowerment. It concludes by proposing reforms such as rights-based legislation, institutional strengthening, technological integration, and community-based legal empowerment strategies to ensure meaningful and inclusive access to justice for vulnerable populations.
Keywords Legal Aid, Access to Justice, Transformative Justice, Human Rights, Constitutional Justice
Published In Volume 7, Issue 3, March 2026
Published On 2026-03-17
DOI https://doi.org/10.70528/IJLRP.v7.i3.2024
Short DOI https://doi.org/hbvwc6
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