The free legal aid scheme introduced by the Odisha State Legal Services Authority (OSLSA) largely eludes the under-trial prisoners lodged in the jails of the State.
As many as 15,619 under-trial prisoners (UTPs) are lodged in the jails across the State. Of them, only 626 have been provided free legal aid at 4% of total UTPs. The State has managed to provide legal aid to 4% as against the national average of 39.21%. Of the 3,71,848 UTPs put behind bars across the country, 1,45,822 were covered under a legal aid facility, said officials.
The Model Prison Manual 2016 has made provision for “Legal Aid‟ to under-trial inmates, legal defence, interviews with lawyers, application to courts for legal aid at government cost.
Administration and management of prisoners is the responsibility of State Governments, who are competent to take appropriate steps for providing legal assistance to undertrial prisoners. State Legal Services Authorities have established Legal Service Clinics in jails for providing free legal assistance to persons in need.
The government has set up legal service clinics in jails which are operated by empanelled legal services advocates and trained para-legal Volunteers. Such clinics have been opened in jails to ensure that no prisoner remains unrepresented and legal aid and advice is provided to the prisoners.
For easing and expediting the justice process, Video Conferencing facility has also been enabled between the court complexes and corresponding jails. National Legal Services Authority (NALSA), along with other Legal Services Institutions, undertakes various awareness activities in order to make people aware of their rights and about the role, activities and functioning of the legal services institutions.
Majority of inmates in Odisha jails are UTPs. The percentage of UTPs in State’s jails stands at 78% as against the national average of 69%. The crux of the problem is that 95% of the prisoners in Odisha are either semi-literate or illiterate. Lack of awareness of legal aid by socio-economically vulnerable UTPs is a cause of worry.
The legal aid system provides legal aid, free of cost, to various marginalized groups including UTPs for both civil and criminal cases, which can be in the form of representation in court or simply legal advice and assistance.
It’s pertinent to note here that the Orissa High Court had recently directed the Odisha State Legal Services Authority (OSLSA) to put in place a ‘police station duty lawyer system’ at every police station in a district in consultation with the police.