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LEGAL AID IN NEPAL

Introduction

Legal aid service is new for Nepal. Some four decades ago the Supreme Court of Nepal appointed two lawyers for the defense of clients from the weaker section of the society. Those lawyers were responsible for providing legal aid to those clients who were unable to pay lawyer's fees for the cases filed at the Supreme Court.

Over two decades ago Nepal Bar Association initiated a small scale legal aid programme for the economically and socially vulnerable section of the society. However, this service was available only in the capital city.

In 1980s judiciary of Nepal felt the need of free legal aid for weaker section of people at various courts in the Kingdom. In this regard a proposal was forwarded to the the Government of Nepal. The the Government of Nepal accepted the proposal to appoint one lawyer for each subordinate court.

The above plan was implemented later, and presently one lawyer is appointed at each Court of Appeal and in most of the District Courts. They are paid some remuneration on monthly basis.

To make the statutory provision for providing legal aid to indigent people in 1997 Legal Aid Act was promulgated. Legal Aid Rules, 1998 has been issued to regulate the procedures in providing legal aid.

In addition to the above mentioned legal aid services, free legal aid service has also been provided by some private lawyers and voluntary organizations.

ADR in Nepal

Dispute resolution through mediation, conciliation, counselling and early neutral evaluation has been used increasingly during the past decade and already plays a significant role in the justice system in Western Australia. These procedures are generally termed "alternative dispute resolution" ("ADR"). Litigants often prefer settlements achieved through ADR because it is faster and less expensive than waiting for a decision from a judge. ADR sometimes achieves results in pending cases. Should there be mechanisms to encourage ADR prior to the commencement of litigation? At what point should ADR be required after the commencement of litigation: earlier or later? Who should have responsibility for initiating ADR: the Court or the parties? Should ADR be performed by Judges, Registrars or specialist ADR practitioners? Does the legal profession understand the advantages of ADR well enough to recommend its use wherever appropriate? How are clients encouraged towards or discouraged from using ADR?

At present ADR is used in the civil justice system. Is there a role for it in the criminal justice system? If so, what is the nature of that role? Should there be a formal system of plea negotiation instituted?