PIL in Delhi HC seeks free legal aid for the Indian citizens living abroad

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Pravasi Legal Cell has filed a Public Interest Litigation before the Hon’ble High Court of Delhi for extending free legal aid to the Indian citizens living abroad.
Mr. Jose Abraham, Advocate-On-Record and President of the Pravasi Legal Cell has filed the Public Interest Litigation before the Hon’ble High Court of Delhi praying inter alia therein to direct the Union of India to frame appropriate policy for extending free legal aid envisaged under the Article 39-A of the Constitution of India to the Indian citizens residing abroad.
Previously, Pravasi Legal Cell had submitted a memorandum to Ministry of External affairs highlighting the plight of Indian community due to lack of proper legal mechanism available to them. But there was no furtherance to the whole matter which necessitated filing of the present PIL.
A large number of Indians are languishing in various jails across the globe for no absolute fault of theirs. Most of them are under trials or victims of fraud. Such cases could have been avoided had there been any cushion of Legal assistance at the appropriate time. There have been matters involving gross violation of fundamental rights to the Indian citizens residing abroad.

The right to free legal aid has been recognised as being part of the Right to Life and Personal Liberty under Article 21 of the Constitution by the Hon’ble Supreme Court in various cases, hence the Government must take necessary steps to educate the less privileged and uneducated Indian citizens working abroad and suffering from lack of knowledge about the laws and their rights in such countries by providing free legal aid.
The Petition also highlighted situations where women married to an NRI husband went to her husband’s home in a foreign country only to be brutally battered, assaulted, abused both mentally and physically, ill fed, and ill-treated by him in several other ways. She was therefore either forced to flee or was forcibly thrown out of her home. In such cases, Woman is abandoned in the foreign country with absolutely no support or means of sustenance or escape and without even the legal permission to stay on in that country. So there has to be a mechanism for providing free legal aid to such women in distress. Many other issues such as Repatriation of mortal remains, employment frauds etc. has led the Indian Community to be more vulnerable.
Hence, The PIL filed by Mr. Jose Abraham focuses on providing an eye of equality of law, enrich the poor, destitutes, uneducated living abroad by framing appropriate policy for providing free legal aid to the Indian Citizens residing abroad.
In Media: 
Business Standard 
Business Today

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