According to the Justice, Prison Affairs, and Constitutional Reforms Minister, President’s Counsel Dr. Wijeyadasa Rajapakshe, Sri Lanka will, in the coming year (2024), witness nearly 60 new Bills. This is in a context where the past 15 months saw the passage of 35 Acts aimed at updating laws related to a multitude of fields, which the Minister claimed helped gain the trust of the International Monetary Fund (IMF) in the process.
While legal reforms are an undeniable need of the hour, Sri Lanka is facing major challenges in the process of establishing the rule of law. On the one hand, there are many issues pertaining to legal, administrative and political aspects of enforcing the law. On the other hand, there are practical issues, one of the main ones being those seeking legal issues having to spend unbearable amounts of money to get justice. The latter has become a bigger issue in the current context, with the majority of the population finding themselves below the poverty line.
The cost of legal proceedings, which many view as a cost that they have to bear to get justice, is not a simple matter. Both activists and the general public have pointed out this burden, noting that the people not being able to obtain legal assistance has a direct impact on the people’s fundamental rights. What is more, they raise concerns that this hurdle would worsen the situation of those convicted of minor offences. Legal proceedings can vary widely in costs depending on factors like complexity, duration, and jurisdiction, and the expenses may include attorney fees, court fees, expert witness fees, and other related costs. Financial implications can be significant, which, in the current context, can be challenging.
High costs associated with legal proceedings can be a significant deterrent for individuals seeking justice or resolution through the legal system. This financial barrier may limit access to legal representation and the ability to pursue rightful claims. It highlights a challenge within the legal system to ensure that justice is accessible to a broader segment of the population. Legal reforms and alternative dispute resolution mechanisms are sometimes explored to address these concerns.
Free legal aid plays a crucial role in ensuring that individuals, regardless of their financial means, have access to justice. It helps to level the playing field and promotes fairness in the legal system. Governments, non-profits, and pro bono services often provide free legal assistance to those who cannot afford traditional legal representation, which is not rare in Sri Lanka. From State-backed institutions such as the Legal Aid Commission to individual lawyers seeking to advance their career through pro bono work, there are a number of methods through which ones with inadequate financial resources could obtain legal assistance.
However, given the state of the economy, these mechanisms need to improve. If Sri Lanka truly wants to show the international community that it is taking the country’s Judiciary seriously, establishing the rule of law is a necessity.
Efforts to make legal services more accessible, such as pro bono services, legal aid programmes, and reforms promoting cost effective alternative dispute resolution, can help ensure that financial barriers do not impede access to the legal system, and it is what the Government and other non-Governmental parties should pay attention to.
Increasing the Governmental allocation of funds to support legal assistance programmes can have a positive impact on ensuring equal access to justice. Adequate funding can enhance existing legal aid services, expand outreach efforts, and make legal assistance more readily available to those who cannot afford it. This approach aligns with the goal of creating a fair and accessible legal system, promoting the principle that everyone should have the opportunity to seek legal help, regardless of their financial circumstances.
In addition, encouraging public awareness about available resources and options for affordable legal help is also essential in empowering individuals to seek the assistance that they need. The people should know that regardless of their financial situation, they can still obtain the legal assistance that they need. In this process, the Government holds a massive responsibility.