Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar

The Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar (1979) is a landmark case in the annals of Indian judiciary, marking a turning point in the protection of undertrial prisoners’ rights and the evolution of legal aid as a constitutional mandate.

Background

The case arose from a writ petition highlighting the appalling conditions of undertrial prisoners in Bihar. Many detainees had spent years in jail without trial, often exceeding the maximum sentence prescribed for their alleged offences. This gross violation of their fundamental rights under Article 21 prompted judicial intervention.

Key Issues

  1. Right to Speedy Trial: Was the prolonged detention of undertrial prisoners unconstitutional?
  2. Access to Legal Aid: Did the absence of free legal representation deny justice to economically weaker prisoners?

Judgment

The Supreme Court, led by Justices P.N. Bhagwati and D.A. Desai, held that:

  • Speedy Trial: Recognized as a fundamental right under Article 21. Prolonged detentions without trial were deemed unconstitutional.
  • Legal Aid: Free legal representation was declared integral to a “reasonable, fair, and just” procedure.

Systemic Reforms Ordered

  • Immediate Release: Directed the release of prisoners detained beyond the maximum sentence for their charges.
  • Legal Aid Programs: Mandated the introduction of nationwide legal aid schemes.
  • Judicial Reforms: Urged states to expedite pending trials and improve court infrastructure.

Significance

The Hussainara Khatoon judgment was a milestone in judicial activism, reinforcing that justice delayed is justice denied. It underscored the State’s responsibility to uphold the rights of marginalized individuals, ensuring access to legal aid and timely justice.

This case remains a testament to the judiciary’s role in addressing systemic inequities and protecting the right to life and liberty enshrined in the Constitution.


Also read – Navtej Singh Johar v Union of India

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Hiring Now: Legal Interns | Avighna Legal (Litigation, Arbitration & Corporate Advisory) | Mumbai

Avighna Legal is a boutique law firm based in Mumbai, founded by Advocates Parth K. Mehta and Bhavesh Joshi. The firm specializes in civil and commercial litigation, corporate insolvency, debt recovery, real estate disputes, and arbitration, providing comprehensive legal services to both individual and corporate clients.

With a focus on precision, client satisfaction, and strategic solutions, Avighna Legal has established itself as a trusted legal partner in Mumbai. The firm’s collaborative environment and exposure to varied legal matters make it an ideal platform for law students and aspiring advocates to gain hands-on experience in litigation, arbitration, and corporate advisory practice.

Job Location

Mumbai (In-office)

Position & Duration

  • Legal Internship
  • Full-time role
  • Duration: Flexible, as mutually agreed

Eligibility Criteria

Applicants for the Legal Internship at Avighna Legal should meet the following requirements:

  • Students in 2nd year or above of a 3-year LL.B., or 3rd year or above of a 5-year LL.B. program
  • Preference for candidates with a commerce background
  • Foundational knowledge of legal concepts, Indian legal system, and court procedures
  • Basic skills in drafting and reviewing contracts and legal documents
  • Strong communication, research, and organizational abilities
  • Ability to work independently while collaborating effectively in a team environment
  • Interest in litigation, arbitration, and corporate legal advisory

Key Responsibilities

Interns will receive hands-on exposure to multiple legal practice areas and will contribute to:

  • Drafting and reviewing contracts, agreements, and legal notices
  • Conducting legal research on litigation and arbitration matters
  • Assisting in preparation and filing of court documents and pleadings
  • Supporting senior advocates during client interactions, hearings, and court appearances
  • Preparing case briefs, notes, and legal summaries for internal reference
  • Coordinating with internal teams to ensure timely completion of tasks
  • Gaining exposure to corporate advisory matters, insolvency proceedings, and dispute resolution processes

Learning Opportunities

This internship provides a valuable opportunity for law students to:

  • Gain practical exposure to litigation, arbitration, and corporate advisory work
  • Understand Indian court procedures, filing mechanisms, and tribunal protocols
  • Develop strong legal drafting and research skills
  • Work closely with experienced advocates on real-life cases
  • Build professional confidence and courtroom presence
  • Develop insights into corporate legal advisory, debt recovery processes, and insolvency procedures

Stipend & Benefits

  • Monthly stipend ranges from ₹2,000 – ₹5,000, based on performance and contribution
  • Exposure to hands-on legal work in a boutique law firm environment
  • Direct mentorship from senior advocates with diverse practice expertise
  • Opportunity to work on a mix of litigation, arbitration, and corporate advisory matters
  • Career growth potential with future associate opportunities based on internship performance

Ideal Candidate Profile

The ideal candidate for the Legal Internship at Avighna Legal:

  • Has a passion for litigation and corporate advisory practice
  • Demonstrates attention to detail and strong analytical thinking
  • Can work under deadlines while maintaining professionalism
  • Is motivated to gain practical legal experience in Mumbai’s legal ecosystem
  • Exhibits curiosity, adaptability, and eagerness to learn from experienced practitioners

Why Join Avighna Legal?

Interning with Avighna Legal offers several key advantages:

  • Diverse Exposure: Work across litigation, arbitration, corporate advisory, real estate disputes, and insolvency matters
  • Professional Growth: Learn directly from senior advocates with extensive courtroom and corporate experience
  • Skill Development: Enhance legal research, drafting, client interaction, and documentation skills
  • Hands-On Learning: Gain first-hand experience in preparing case files, drafting contracts, and assisting in court proceedings
  • Career Advancement: High-performing interns may be considered for future associate roles or long-term engagement

How to Apply

Interested candidates should submit:

  • Updated CV
  • Brief cover note highlighting interest and relevant skills

Send applications to:
avighnalegal.misc@gmail.com

Use the subject line: “Application for Internship – Avighna Legal”

The ideal candidate for the Legal Internship at Avighna Legal:

  • Has a passion for litigation and corporate advisory practice
  • Demonstrates attention to detail and strong analytical thinking
  • Can work under deadlines while maintaining professionalism
  • Is motivated to gain practical legal experience in Mumbai’s legal ecosystem
  • Exhibits curiosity, adaptability, and eagerness to learn from experienced practitioners

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