What followed was another historic decision in 1986, incidentally again by Justice Bhagwati (Sukhdev vs. Union Territory of Arunachal Pradesh), where the apex court expressed its concerns over the fact that about 70 per cent of the people living in rural areas are illiterate and an even greater number are not aware of the rights conferred upon them by law.

“Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land,” said the Bench, while stressing the need for creating legal awareness amongst the poor. “This miserable condition in which the poor find themselves can be alleviated to some extent by creating legal awareness amongst them. That is why it has always been recognised as one of the principal items of the programme of the legal aid movement in the country to promote legal literacy. It would be in these circumstances made a mockery of legal aid if it were to be left to a poor, ignorant and illiterate accused to ask for free legal service, legal aid would become merely a paper promise and it would fail of its purpose.”

Tomorrow: Legal aid policy in other countries