17.
The consideration of socio-economic factors is tied up with another
important issue (which need not necessarily or always be taken into
consideration for sentencing purposes, but could be relevant in a given
case) and that is whether the convict has had adequate legal representation.
Several accused persons belonging to the weaker sections of society cannot
afford defence counsel and they are obliged to turn to the National Legal
Services Authority, the State Legal Services Authority or the District Legal
Services Committee for legal representation. While these authorities
provide the best legal assistance possible at their command, it sometimes
falls short of expectations resulting in the conviction of an accused and,
depending upon the facts of the case and the sentencing process followed,
a sentence of death follows.
18.
That the poor are more often than not at the receiving end in access
to justice and access to the remedies available is evident from a fairly recent
report prepared by the Supreme Court Legal Services Committee4 which
acknowledges, through Project Sahyog, enormous delays in attending to
cases of the poor and the needy. Quality legal aid to the disadvantaged and
weaker sections of society is an area that requires great and urgent attention
and we hope that a vigorous beginning is made in this direction in the new
year.
4
Website of the Supreme Court Legal Services Committee – www.sclsc.nic.in
R.P. (Crl.) No.245 of 2010 in Crl. Appeal No. 811 of 2009
Page 10 of 19
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄