CHILD RIGHTS IN THE CRIMINAL JUSTICE SYSTEM: NEED FOR LAW REFORM 5. Legal Aid for Children in Conflict with Law Another issue of concern is the access to legal aid and specifically quality legal aid to children in conflict with law.32 Article 39A, Constitution of India, obligates the state to ensure that the operation of the legal system promotes justice, in particular, by facilitating access to free legal aid through legislation, schemes or other means, aid to the most vulnerable sections of society.33 Over the years, the NCRB data clearly shows population of children in conflict with the law (CICL) in India is overwhelmingly poor and socio-economically deprived. In most cases, such children have neither the means nor the ability to secure legal counsel, particularly private legal counsel, which might be expensive. As per S. 12(c) of the LSA Act, children have been identified as one of the most vulnerable and marginalised categories of society, deserving of state support in filing or defending cases in a court of law, opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.34 Therefore, it is the duty of various State Legal Service Institutions to provide free legal aid to juvenile in conflict with law and work towards speedy disposal of cases. Article 40 of the Convention on Rights of the Child provides that every child alleged as or accused of having infringed the penal law must have legal or other appropriate assistance in the preparation and presentation of his or her defence; Article 37(d) of the UNCRC further provides, “Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.” The Guidelines for Action on Children in the Criminal Justice System recommended by the Economic and Social Council specifically highlight the importance of providing legal aid to children, who become embroiled in the criminal justice system. It is also significant to note here that in Article 2 32 33 34 The term “legal aid” has been defined under the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice System, 2013 to include: “legal advice, assistance and representation for persons detained, arrested or imprisoned, suspected or accused of, or charged with a criminal offence and for victims and witnesses in the criminal justice process that is provided at no cost for those without sufficient means or when the interests of justice so require. Furthermore, “legal aid” is intended to include the concepts of legal education, access to legal information and other services provided for persons through alternative dispute resolution mechanisms and restorative justice processes.” Article 39A, Constitution Of India, 1950: The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that. Under Section 12 (c) of Legal Services Authorities Act, 1987, a child who has to file or defend a case is entitled to legal services. 55