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  Published Paper Details:

  Paper Title

"Free Legal Aid As Means To Access Justice For Victims Of Sexual Abuse With Special Reference To Changes Brought By Bhartiya Nyay Sanhita 2023"

  Authors

  Pragati Sargam,  Dr. Sheeba Ahad

  Keywords

Bhartiya Nyaya Sanhita 2023, Sexual Abuse, Free Legal Aid

  Abstract


Free legal aid refers to the provision of legal assistance to individuals who are unable to afford legal representation or access to the justice system due to financial constraints. In India, the concept of free legal aid is enshrined in the Constitution under Article 39A, which directs the state to ensure that justice is not denied to any citizen by reason of economic or other disabilities. In India, the provision of free legal aid is primarily carried out through the National Legal Services Authority (NALSA) at the national level and State Legal Services Authorities (SLSAs) at the state level. These bodies coordinate and facilitate legal aid services through legal aid clinics, lok adalats, and panel lawyers who provide pro bono representation to eligible individuals. Overall, free legal aid plays a crucial role in upholding the principles of justice, equality, and the rule of law in India, ensuring that no one is denied access to justice merely because of their financial circumstances. Sexual abuse is a pervasive issue worldwide, with staggering prevalence rates across various demographics. According to the World Health Organization (WHO), approximately 1 in 3 women globally have experienced physical and/or sexual intimate partner violence or non-partner sexual violence in their lifetime. Similarly, 1 in 6 men report experiencing sexual abuse before the age of 18. Despite these alarming statistics, sexual abuse remains significantly underreported, primarily due to stigma, fear of retaliation, and societal attitudes that place blame on the victim. The Bharatiya Nyaya Sanhita 2023 (Indian Justice Code 2023) represents a watershed moment in legal reform aimed at addressing the challenges faced by victims of sexual abuse in seeking justice. Enacted with the objective of modernizing and streamlining India's legal framework, this comprehensive legislation includes provisions specifically tailored to enhance the handling of sexual abuse cases and support survivors throughout the legal process. In conclusion, the provision of free legal aid stands as a crucial pillar in ensuring access to justice for victims of sexual abuse. With the introduction of Bharatiya Nyaya Sanhita 2023, marked advancements have been made in this realm, aiming to alleviate the burden of legal expenses and procedural complexities often faced by survivors. By mandating free legal aid for victims, this legislation not only addresses the financial barriers but also underscores the societal commitment to supporting survivors throughout their legal journey. Furthermore, it emphasizes the importance of holistic justice, recognizing that legal assistance is fundamental in empowering survivors to navigate the legal system and seek redress for the injustices they have endured. However, the efficacy of these measures relies not only on the enactment of laws but also on their effective implementation and continual evaluation to ensure they serve their intended purpose. Thus, while Bharatiya Nyaya Sanhita 2023 represents a significant stride towards enhancing access to justice for victims of sexual abuse, sustained efforts are essential to realize its full potential and foster a more equitable and supportive legal framework for survivors.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2405344

  Paper ID - 259769

  Page Number(s) - d184-d200

  Pubished in - Volume 12 | Issue 5 | May 2024

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

  Pragati Sargam,  Dr. Sheeba Ahad,   ""Free Legal Aid As Means To Access Justice For Victims Of Sexual Abuse With Special Reference To Changes Brought By Bhartiya Nyay Sanhita 2023"", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 5, pp.d184-d200, May 2024, Available at :http://www.ijcrt.org/papers/IJCRT2405344.pdf

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