SHRC prepares ‘Briefing Paper' on free legal aid mechanism in Sindh

Karachi: The Sindh Human Rights Commission (SHRC) is currently preparing a briefing paper for the 'Two Days Follow-up Workshop on Legal Aid and Justice Authority (LAJA) Act 2020 Strategic Plan,' which commenced in Islamabad on August 2 and will continue until August 3.

The LAJA was enacted to establish a Legal Aid and Justice Authority, aiming to offer legal, financial, and other support to ensure access to justice for underprivileged and vulnerable communities in criminal cases throughout Pakistan.

 However, it's worth noting that Sindh Province already possesses pre-existing mechanisms to provide legal aid to marginalized segments of society, which were in place even before the enactment of the said act.

The briefing paper outlines various key aspects, including Mapping and Scoping of Legal Aid Services, Official Referral Mechanism and Inter-departmental Referral and Coordination, Public Awareness, and Collaborative Approach and Service Delivery.

According to the 2022 report by the World Justice Project, Pakistan's ranking is 97 out of 140 on the criminal justice factor, 125 out of 140 on the civil justice factor, and 123 out of 140 on the fundamental rights factor. Overall, the country ranks 129 out of 140 on the rule of law index. Given these rankings, it is imperative to prioritize the provision of free legal aid and assistance to vulnerable and marginalized citizens by the State.

Sindh Province currently operates three major mechanisms to provide legal aid and assistance. Two committees, namely the Provincial Subcommittee on Diyat, Arsh, and Daman, and the Committee for the Welfare of Prisoners (CWP), function under the Home Department to offer free legal aid.

Moreover, there is a Steering Committee, established under the Human Rights Department (HRD), Government of Sindh, that provides legal aid assistance to vulnerable and marginalized individuals in both criminal and civil cases. These committees also ensure the protection of prisoners' rights.

The CWP was established in 2004 through an administrative order of the Home Department under the Chairpersonship of Justice (R)Nasir Aslam Zahid and its reconstitution more recently under Section 55 of the Sindh Prisons & Correction Service Act 2019.

 It is a unique collaborative model that operates as a public-private partnership. The CWP has played a significant role in repatriation efforts. Nasir Zahid has been part of the India-Pakistan Judicial Committee on Prisoners, and the CWP has successfully undertaken several repatriation initiatives over the years. Notably, the Committee facilitated the repatriation of 311 Indian fishermen in 2012, 337 Indian fishermen in 2013, and 151 Indian fishermen in 2014.